Page 65 - BPAReport

88. Overall, many policy makers and economists see large economic benefits stemming
from fostering policies for greater mobility of migrant workers. In particular, they emphasize
that countries should shift emphasis of policy from limiting the entry of migrant workers to
better management of the deployment of foreign workers. Such a paradigm moderation
would facilitate the avoidance of the undesirable effects from the abuse of documented and
undocumented foreign workers, the operations of human traffickers and the sufferings from
illegal cross-border movement of migrant workers.

5.4.1 Overall policy for managing undocumented foreign workers

89. The Independent Committee recommends that a new far-reaching comprehensive but
conditional amnesty program for regularization of undocumented workers be introduced and
jointly managed by MOHR and MOHA. The new regularization program must begin even as
preparations are being made for an integrated online undocumented foreign worker
application and approval system and database within the comprehensive foreign workers
management framework. This new amnesty program (CLEAR2019) will be open for the
participation of undocumented workers for regularization over a 12-18 months period
following the effective operating date.

90. The proposed new amnesty program will not and must not require the use of third
party service providers. All procedures and processes should be undertaken jointly by MOHR
and MOHA and, when available, online through the components and related modules to be
developed as part of the FWMS.

91. The online CLEAR2019 system will have two components. One component will
allow for employers to go online to regularize undocumented workers. A second component
will allow the undocumented workers to register themselves and participate.

5.4.2 CLEAR2019 for employers

92. Employers who have successfully secured approvals for obtaining new or
replacements for foreign workers through the single online system may recruit undocumented
workers to fulfil their requirements. Such undocumented workers may currently be already
informally employed by the same employer or are known to the employer from its contact
network.

93. The details of the mechanism and procedures for the regularization of the
undocumented worker will depend on the nature of the undocumented worker concerned and
are set forth in the subsections below.

Regularizing undocumented worker who previously held a PLKS

94. An undocumented worker who previously held a PLKS but has, with acceptable
mitigating circumstances, overstayed or switched employer or sector without authorization,
or otherwise absconded; must be registered by the employer. The acceptable mitigating
circumstances are clearly defined to include mistreatment and abuse or misrepresentation of
the employment agreement by a previous employer.

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