Page 66 - BPAReport
P. 66

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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