Page 67 - BPAReport

Regularizing the undocumented worker as persons who crossed the international borders
into Malaysia other than through an official entry point and now seek work.

97. An undocumented worker who has crossed the international borders into Malaysia
other than through an official entry point and now seek work will face more stringent and
stricter conditions and must be registered by the employer. Such an undocumented worker
would be designated as PATI-REG3, 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. PATI-REG3 must bear the liabilities and pay all penalties and fees associated with
the violation of entering Malaysia illegally. As an incentive these penalties may be
waived or a discount offered.
b. The registered PATI-REG3 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. PATI-REG3 will follow the normal recruitment procedures for a PLKS worker and
be subject to all health, security and normal requirements of a regular PLKS
worker. As for a regular foreign 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-REG3 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. PATI-REG3 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 PATI-REG2 in the
travel costs in case of financial need.

5.4.3 CLEAR2019 for employees

98. An undocumented worker can also independently apply to participate in CLEAR2019
to regularize the employment status. Such an undocumented worker would be designated as
PATI-REG4 and can register, where available, using the component of the online system
designed for this purpose. MOHR should make provisions to allow undocumented workers
access to the online registration at MOHR employment centres. For registration to be
successful, the undocumented worker must be below 45 years old on the date of registration
and must be from an approved source country.

99. PATI-REG4 would follow almost similar procedures as set out for PATI-REG1 (must
meet conditional acceptable mitigating circumstances) or REG2 or REG3 (they will face
more stringent and stricter conditions), depending on whether the undocumented worker is a
former PLKS worker, violated the tourist pass or crossed the border illegally.

100. A registered PATI-REG4 need not already have a job or offer of a job. In that case,
following the registration, the PATI-REG4 has up to 6 months to find an employer and
comply with all the PLKS requirements. The PATI-REG4 who do not meet the stipulated
requirements and procedures will be processed for repatriation to the source or origin country.
The government of the origin country will be asked to assist the PATI-REG2 in the travel
costs in case of financial need.

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