Page 73 - BPAReport

Online system and database

136. MOHR working with other stakeholders, through a subcommittee governance
structure, are to develop a module for the FDW process to be integrated into the online
application and approval system and database.

137. All the FDW processes should be undertaken online, to reduce and even eliminate the
need for the services of employment agencies in the source country and in Malaysia.

138. The online FDW module must have similar capability (like for other PLKS workers)
to issue standard digitalized ID cards specific to FDWs, including virtual Smart online IDs
sourced from the biometric information and the unique ID number for each FDWs stored in
the online database. All enforcement officers must give recognition to this FDW Smart ID
card. Enforcement authorities must no longer demand sight of hardcopy IDs like passports
which absence currently constitutes an offence.

Enforcement actions

139. MOHR will lead in managing the FDW process in coordination with JIM. MOHR
will develop enforcement actions involving coordination between JTK and JIM to ensure that
employers comply with Malaysian employment and other applicable laws, regulations,
guidelines and good practices. The FDW subcommittee will prepare periodic reports on
evolution in the FDW space and follow up on problems that may occasionally arise. For this
purpose, JIM and MOHR must have a formal mechanism to engage with civil society
organizations and other interested parties involved in safeguarding the welfare and wellbeing
of household workers, including FDWs.

140. The FDW subcommittee will manage enforcement and evaluation actions to confirm
compliance of the employers with the employment, the Domestic Workers Act when enacted
and other applicable laws, regulations, guidelines and good practices.

Complaints mechanism

141. The FDW subcommittee will seek to develop a user friendly accessible complaints
mechanism for FDWs where their confidentiality will be safeguarded. They will prepare
quarterly reports on issues and shortcomings raised affecting FDWs as well as the mitigating
policies taken and envisaged. These reports will be disseminated to the general public.

Policy Recommendations for managing foreign domestic workers
1. A Domestic Workers Act should be enacted. Pending this Act, MOHR to amend
Employment Act to ensure that domestic workers and FDWs in particular are
reasonably fully and equally covered as for other occupations. Malaysia should
accede to ILO Convention 189
2. MOHR should aim to have MOUs with all source countries for FDW
3. The FDW subcommittee should develop the FDW online system to be integrated to
the NFWMS with capability to issues Smart IDs for FDWs
4. The FDW subcommittee should develop enforcement mechanisms and also a
complaints mechanism for the workers.

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