Page 66 - BPAReport
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95. This undocumented worker must be below 45 years old on the date of registration.
Where available, this process will be undertaken using the corresponding segment of the
online system where all previous details of the former PLKS granted will be recorded and
verified (in so far where the previous records are available). If previous complete records are
not available, a new system-generated ID and record will be generated. This undocumented
worker is designated PATI-REG1.
a. The registered PATI-REG1 must bear the liabilities and pay all penalties and fees
associated with violation of the employment pass laws. As an incentive, the
Committee recommends that these penalties may be waived or a discount offered.
b. Thereafter, such a PATI-REG1 will be subject to all health, security and normal
requirements of a regular PLKS worker. As for a regular PLKS worker, the cost
for these procedures will be borne by the employer. The total duration of stay in
Malaysia permissible under the new PLKS issued will take into consideration the
period of stay under the previous PLKS.
c. The identified PATI-REG1 who do not meet the stipulated requirements, including
the conditional acceptable mitigating circumstances and the procedures stated
above will be processed for repatriation to the source country. To the extent that
the original employer of the PATI is still liable, this employer will cover the travel
cost of the repatriation.
d. After a period of three months this repatriated PATI-REG1 who have previous
arrangements with a qualified employer will be allowed to re-enter Malaysia as a
PLKS worker following the established online procedures.
Regularizing undocumented workers as persons who have overstayed or violated the
conditions of their tourist visitor pass and seek work.
96. An undocumented worker who has overstayed or violated the conditions of the tourist
pass will face more stringent and stricter conditions and must be registered by the employer.
Such an undocumented worker would be designated as PATI-REG2, must be below 45 years
old on the date of registration and must be from an approved source country. Where available,
this process will be undertaken using the corresponding segment of the online system where
all details and information required of a PLKS worker will be captured. A system-generated
ID and record will be generated.
a. The registered PATI-REG2 must bear the liabilities and pay all penalties and fees
associated with violation of the tourist pass laws. As an incentive these penalties
may be waived or a discount offered.
b. The registered PATI-REG2 must thereafter return to the source country, and after a
period of three months will be allowed to enter Malaysia as a PLKS worker
following the established online procedures.
c. The PATI-REG2 will be subject to all health, security and normal requirements of
a regular PLKS worker. As for a regular PLKS worker, the cost for these
procedures will be borne by the employer. The total duration of stay in Malaysia
for the PLKS issued to PATI-REG2 where all requirements are met will be the
same as applied to a normal PLKS worker, i.e. no more than 10 years in total.
d. The identified PATI-REG2 who do not meet the stipulated requirements and
procedures stated above will be processed for repatriation to the source or origin
country. The government of the origin country will be asked to assist the PATIREG2
in the travel costs in case of financial need.
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