Wrong to make migrants workers already in Malaysia to pay LEVY...and for housing - maybe OK for future migrant workers

Migrant workers being discriminated in Malaysia - their entitlement to minimum wages have been delayed until end of the year for some employers..

LEVY - the rationale when it was imposed was to deter employers employing migrant workers - and this was paid by employers not the migrant worker. Now, the government is making(or going to make the migrant worker) pay this Levy. And employers will be allowed to deduct the wages of workers to recover the Levy... [Until April 2009, the government was giving 'special permission' to some employers to do this, and finally after much struggle, the government decided to stop this unjust practice...] Malaysian Trade Union Congress and many groups said that this is most unjust as the positive impact of minimum wage law will effectively be cancelled out by making migrants now to pay for Levy.

But now, not only will migrant have to pay LEVY but employers can deduct another RM50 for housing. Most agreements with migrant workers, includes the understanding/promise that it is the employer that pays for accommodation/housing.

WRONG to suddenly impose financial liabilities and conditions on migrants already here and working in Malaysia - It is OK that these new CONDITIONS be imposed on new migrants coming to Malaysia in the future who has yet to enter into employment agreements with their employer  

600,000 SMEs can defer minimum wage application

Bernama 1:51PM Sep 30, 2013

PARLIAMENT About 600,000 Small and Medium Enterprises (SMEs) have been given permission to postpone the minimum wage implementation until December, said Deputy Human Resources Minister Ismail Abd Mutallib.

The employers need more time to restructure operations and cut down losses before starting the minimum wage implementation, he said when responding to a supplementary question from Tiong King Sing (BN-Bintulu) at the Dewan Rakyat today.

To the original question from Wan Hasan Mohd Ramli (PAS-Dungun), Ismail said the government would allow SMEs to have discussions with employees before restructuring their salaries and allowances.

For SMEs that hire foreign workers, he said levy payment would be paid by foreign workers themselves while employers were allowed to deduct up to RM50 from salaries for housing facilities.

He said an impact study on the minimum wage implementation was being conducted involving employers which had put the scheme into effect.

Ismail said 1,001 out of 1,239 complaints on the minimum wage implementation had been resolved through negotiation among employers, employees and government.
On another note, Ismail said the Performance Management and Delivery Unit (Pemandu) would be holding a workshop next month to formulate incentives to enhance SME productivity and competitiveness as well to reduce dependence on foreign workers.

- Bernama - Malaysiakini, 30/9/2013, 600,000 SMEs can defer minimum wage application

Minister to seek migrant labour deal in Malaysia (Myanmar Times) - 9 September 2013

Minister to seek migrant labour deal in Malaysia

By Noe Noe Aung and Tim McLaughlin   |   Monday, 09 September 2013

A Ministry of Labour delegation will travel to Malaysia this week to propose a program to register undocumented migrant workers in Myanmar, a week after hundreds were detained in a nationwide crackdown launched by the Malaysian government.

Detained migrants, their hands bound, sit on the ground following a raid by immigration officials near Kuala Lumpur shortly after midnight on September 1. Photo: AFP

The delegation, scheduled to depart on September 9, will be led by Minister for Labour, Employment and Social Security U Aye Myint.

Department of Labour director U Myo Aung, who will also travel to Malaysia with the delegation, said the government hoped to reach an agreement with Malaysia on registering undocumented migrant workers.

“We [have] realised that solving problems each time they occur does not work. We need some policies to protect our workers there so we want to focus on negotiating an agreement,” he told The Myanmar Times on September 7.

He hinted that a temporary ban on sending migrant workers to Malaysia through legal channels that the government announced in June could be lifted after this week’s visit. “After we check the conditions in Malaysia, we’ll [allow] workers to go there if everything is fine for them,” he said.

Malaysia’s home affairs minister was quoted as saying last week that more than 2400 undocumented migrants have been arrested in 40 raids since the operation began on September 1.

More than 550 of those detained are Myanmar nationals but the Malaysian embassy in Yangon said last week it expects that number to climb as the sweeps continue.

The three-month operation is aimed at rooting out and deporting some 500,000 illegal workers – mostly from Bangladesh, Myanmar and Indonesia – who live in Malaysia and survive on low-paying jobs.

U Myo Aung said he did not think the government could do anything to help detained illegal workers because of the Malaysian government’s policy.

“From their side, the Malaysian government did their job and the workers are illegal so yes, they have the right to arrest them. They arrest every illegal worker – not only those from Myanmar but also from Indonesia, Vietnam, India and other countries,” he said.

Pranom Somwong, a representative of the Worker Hub for Change and Network of Action for Migrants in Malaysia, said the sweeps are mostly focusing on Kuala Lumpur, Selangor, Penang and Johor, which have been identified as “hubs” for undocumented workers.

Suspected illegal foreign workers sit on the ground during an immigration raid operation shortly after midnight on September 1 outside Kuala Lumpur. Photo: AFP

The Malaysian embassy estimates that there are 100,000 illegal Myanmar workers in Malaysia. There are another 300,000 documented workers, while about 3000 Myanmar nationals apply each month for Malaysian work visas.

The visit will be the second that Myanmar officials have made to Malaysia in recent months because of concerns over the safety of migrant workers.

Many workers are lured to Malaysia by brokers and employers with the promise of relatively high-paying jobs but after arrival find themselves working in poor conditions for low wages with their passports being held by their employers.

“Workers find themselves caught between potentially unscrupulous employment agencies and the risk of being arrested by immigration authorities,” said Ms Pranom.

Charles Hector, a lawyer and human rights activist in Malaysia who has worked extensively with Myanmar workers, described the crackdown as misguided because it targets workers instead of the employers and broker agencies that force them out of legal jobs.

He said many workers arrive in Malaysia legally but quit their jobs and lose their status as documented workers when they find conditions and pay far below what they expected.

He said another problem stems from workers being offered long-term contracts only to have them quickly terminated by employers looking to save money or operate off the books.

“The question is: How did they become undocumented?” said Mr Hector.

The Myanmar embassy in Kuala Lumpur could not be reached for comment last week, with repeated phone calls going unanswered. - Myannmar Times, 9/9/2013, Minister to seek migrant labour deal in Malaysia

Scrap 6P middlemen to curb abuse, says Gerakan

Scrap 6P middlemen to curb abuse, says Gerakan

1:54PM Sep 6, 2013

The government should scrap the middlemen involved in the  6P foreign worker legalisation programme as it is an avenue for exploitation, said Gerakan.

In a statement today, Gerakan Wanita secretary-general Jayanthi Devi Balaguru said the government should "do away with is the requirement of a middleman in most agencies and companies, for it not only increases the cost but also the chance for exploitation".

"By enabling these workers to directly deal with the ministry or government agency, it does not only save time and money, but also reduced the risk of the workers being cheated," she said.

Responding to reports of numerous scams involving the migrant workers programme, Jayanthi said 6P has been abused, causing "massive losses" and has resulted in foreign workers being victimised by certain parties.

"The cost of paying the registration fee is not cheap as the workers need to use a large portion of their meagre salary," she said.

On the whole, the programme needs to be fully reviewed as red tape and systemic flaws can be abused to make money,

She also called for a probe on reports that government insiders are allegedly involved in such abuse.

The government needs to conduct a "full investigation in order to get to the bottom of this mess", she said.

Foreign workers claiming to have been cheated by rogue 6P agents have been lodging police reports, and the fact that the agents have issued them government papers suggests the involvement of government insiders.- Malaysiakini, 6/9/2013, Scrap 6P middlemen to curb abuse, says Gerakan

Complaints point to possible multi-million ringgit scam involving the 6P foreign worker legalisation programme

Complaints point to massive 6P scam by gov't insiders

Aidila Razak 8:16AM Sep 6, 2013

While thousands of migrant workers have been caught in the immigration dragnet, hundreds of complaints have emerged indicating the existence of a multi-million ringgit scam involving the 6P foreign worker legalisation programme.

With those scammed provided with copies of Immigration Department and Home Ministry documents, there are also fears that the scam involves government insiders.

Police reports lodged in the past month show that in one case, a single agent alone had raked in more than RM100,000 from a group of 26 migrant workers.

However, the workers interviewed by Malaysiakini under  condition of anonymity claim that this is just the tip of the iceberg, as the same agent had allegedly cheated around 200 migrants in the Pudu area in Kuala Lumpur alone.

Petaling Jaya-based NGO Tenaganita, meanwhile, said that 690 migrant workers have lodged complaints with them claiming to have been "cheated by various 6P agents".

According to the police reports, the agent had charged an average  of RM4,000 per worker to register with the 6P programme.

Passports taken

The agent, who is alleged to be a foreigner married to a Malaysian and whose company is not part of the ministry-authorised list of 6P agents, had reportedly also taken the migrants' original passports.

Poorly educated, lacking proficiency in Bahasa Malaysia or English and now undocumented, only about 10 percent of those who were cheated have dared to report their predictiment to the police.

Tenaganita programme director Glorene Dass said that it is possible that there are thousands of workers affected by fraudulent agents, but it is unclear how many have been nabbed in the ongoing raid.

"When they lodge reports with us, we give them a letter so that they can show it to Immigration if they get caught.

"In the letter, we ask the Immigration to contact us if they have been arrested as they have filed complaints of having been cheated.

"So far the Immigration has not contacted us, but we don't know if this means none of the complainants have been arrested."

She said that it is also unclear what will happen to those who get caught, as it is not specified if they will be charged and punished or simply deported.

Immigration Department secretary-general Alias Ahmad (right) reportedly said that his department has been instructed to build a temporary holding centre in Selangor for now.

As for the 26 migrants who had lodged police reports, one was picked up on Tuesday night, said Malaysian Trade Union Congress (MTUC) labour advocate Peter Kandiah.

Forgery claimed

Peter, who has been assisting the migrants with their woes, said on top of the police reports, MTUC has also lodged complaints with the Immigration Department and the Home Ministry.

Among the documents provided to the migrants by the agents include one from the Home Ministry stating that the migrants have been included in the 6P programme and an Immigration Department "illegal foreign worker registration slip".

They were also provided with a document bearing the Home Ministry's letterhead, addressed to the Myanmar Embassy and signed by a senior ministry official.

"I showed the letter to him (the official) and he said his signature had been forged," Peter said.

The letter informs the embassy that the migrant mentioned has been registered under 6P and is being considered for legalisation.

Malaysiakini emailed the official last week and provided the reference numbers of all the letters he purportedly signed, but has not received a reply.

Calls to his number as listed on the ministry website have also failed to raise a response.

The portal has also repeatedly contacted the Immigration Department and the alleged fake agent for response, but none have reverted.

The agent's and the Home Ministry official's identities are withheld pending their response.

The 6P legalisation programme, which ran from July 2011 to April 2012, allowedregistration and legalisation of foreign workers through 336 Home Ministry appointed companies.- Malaysiakini, 6/9/2013, Complaints point to massive 6P scam by gov't insiders

See also:- 

Malaysian government failings the reason for still so many undocumented migrants(illegal foreigners)?

2,433 held so far in crackdown on illegal immigrants ..in accordance with the principles of international law, including that demanded by the International Labour Organisation (ILO), to avoid human trafficking

The questions that we must be asking is why are there undocumented migrants? Is it because to come to Malaysia to work as documented migrants is 'too expensive' or inaccessible? 

Who are these undocumented migrants? Did they come into Malaysia as undocumented migrants, or is the majority really documented migrants that became undocumented? If so, why does this happen?

Is it because the 'contractors for labour', people with no work who just supply workers to real employers, just could not find work for these migrant workers? Is it because employers 'cheated' migrant workers and working conditions were oppressive that workers had no choice but to 'run away' and become undocumented migrant workers?  Best to return to the practice that workers come in as employees of the PRINCIPAL(i.e. the factory/business that have work and need workers). It is these employers that must be responsible for migrant workers, right from recruitment until the end of the employment relationship. These employers must be encouraged to go to the country of origin interview and pick workers based on their needs and required skills. [The contractor for labour, a mere labour supplier, would just bring in workers in bulk - and the principals who need workers find that the workers supplied may not meet their requirement - then what happens to the poor migrant worker?] Abolish the 'Contractor For Labour System' - back to direct employment by owner/operators of workplace that have work and need employees.

The restricted to 1 Employer policy must be reviewed - no worker must be forced to have to work for an oppressive or untruthful employer. In the spirit behind that 6P, Malaysia needs to allow such migrant workers time to find other Malaysian employer and if they do they should be allowed to continue to remain in Malaysia and work for the new employer.

Access to Justice - Errant employers rejoice for in Malaysia the rights violated migrant workers effectively cannot get justice. Why? When they claim rights, these employers terminate them and work towards canceling their work permits - hence the migrant worker loses rights to remain in Malaysia and claim rights. Malaysia must change this, and allow workers who have filed complaints or their their trials/hearings are ongoing to be able to remain and work legally in Malaysia until the process towards justice ends. Now, many migrant workers may become undocumented migrants because of these BAD employers - they sometimes have no choice but to earn enough monies in Malaysia before they can go back. Why? Most have incurred great debts in their country of origin before they came to Malaysia to work... To just return to their home country sometimes is not only embarrassing but more importantly would land them (and their families) into a worse situation than before they elected to come to Malaysia to work.

CRACKDOWNS are never the solution. Malaysia needs to study the reasons - and deal with it.

Work of the government must be done by public servants. The 6P was a private funding initiative, and many of the appointed agents were 'recruitment agencies' and businesses, the very same that many migrant workers have much complaints against - cheating (promised something when they agreed to be employed, and later breaching these promises - underpayment of wages, overtime, accommodation, etc. According to parliamentary answers, government did not spend anything - why would the private sector be interested in this work unless it profits them? Or were they just being humanitarian and absorbed all losses? Who paid for the 'government officers and departments involved'? See the answers given in Parliament at   Who funded the 6P programme? - Private Funding Initiative (PFI)? So who funded, and why?

Now, they are calling  this new crackdown the 'the integrated 6P illegal immigrant comprehensive legalisation programme'. Malaysia needs to come clean, and be transparent and accountable as to what it really is doing?

With the implementation of minimum wages, today many Malaysian workers would be attracted back to take up many of these jobs - but then, the denial of minimum wages to workers in certain businesses/sectors, the reduction of the cost of employing migrants by permitting what is traditionally unlawful wage deductions save with 'special permission' from the government, raises much questions about Malaysia's position on employment in Malaysia. 

After this crackdown, it would not be surprising that many businesses/industries would be again raising concern about worker shortages, a phenomena that happens every time after a mass-crackdown, and these voices, unlike civil society voices, would find space in local media...

Some say that these crackdowns are just to 'pacify' local communities. If there is no employment opportunities in Malaysia, then there would not be so many undocumented migrants. Or is it that employers prefer migrant workers over local workers? 

Migrant workers are getting arrested - what about those that provided employment to these migrant workers? Too many questions - always unanswered to my satisfaction.

Malaysia

2,433 held so far in crackdown on illegal immigrants
September 02, 2013 01:57 pm

A Detained suspected illegal migrant worker from Indonesia sits in an immigration truck during a crackdown on illegal migrant workers in Klang, outside Kuala Lumpur September 1, 2013. — Reuters pic

PUTRAJAYA, Sept 2 — The Immigration Department arrested 2,433 illegal immigrants for various offences in 40 operations on the first day yesterday of a nation-wide exercise to flush out illegal immigrants in the country, Home Minister Datuk Seri Ahmad Zahid Hamidi said today.

He said 8,105 people were checked throughout the country as part of the integrated 6P illegal immigrant comprehensive legalisation programme carried out by the various enforcement agencies of the ministry and the Malaysian Anti-Corruption Commission (MACC).

Ahmad Zahid said Indonesian nationals made up the biggest number of illegal immigrants arrested, accounting for 717, followed by Myanmar nationals (555), Bangladesh nationals (387) and Nepal nationals (229).

Also held were nationals from Cambodia, Vietnam, India, Pakistan, the Philippines, China, Nigeria and Thailand, he added.

"This operation is not seasonal and will not end on December 31 this year. This is an ongoing operation and we will not compromise. Our target is to achieve zero illegal immigrants,” he said.

“This shows the seriousness of the Home Ministry and Immigration Department (to flush out the illegal immigrants). Ours is not a spur-of-the-moment action,” he told reporters after attending the monthly assembly of the Home Ministry, here.

In the exercise yesterday, 2,207 personnel from the ministry’s agencies, such as the Immigration Department (976 personnel), People’s Volunteer Corps or Rela (479), Royal Malaysia Police (370), Department of Civil Defence (94), National Registration Department (72), Anti-Smuggling Unit (43), National Anti-Drugs Agency (33) and MACC (48) were involved.

Ahmad Zahid said the ministry would continue to work with the diplomatic missions of the countries which are a source of immigrant workers to facilitate the issuing of permits.

“We will take action in accordance with the principles of international law, including that demanded by the International Labour Organisation (ILO), to avoid human trafficking,” he said.

The Ops 6P programme involves an ongoing exercise to trace, arrest, prosecute and extradite foreign nationals who violate the country’s immigration and anti-human trafficking laws.

Ahmad Zahid gave the assurance that the Immigration Department was prepared to approve applications for permits if the applicants adhered to rules and the proper channel.

“Although there have been claims that the Immigration Department made it difficult for them by not issuing permits despite repeated applications and through various means, I give the assurance that permits will be issued for applications that are in order.

“I hope the people will not use the services of middle-men but go directly to the One-Stop Centre represented by the ministry and departments to verify the issuing of permits by sector,” he said. — Bernama - Malay Mail Online, 2/9/2013, 2,433 held so far in crackdown on illegal immigrants

Activists Warn Malaysia Crackdown May Sweep Up Refugees (VOA, 3/9/2013)

Activists Warn Malaysia Crackdown May Sweep Up Refugees

Detained suspected illegal migrant workers from Indonesia stand before their documents are checked during a crackdown on illegal migrant workers in Nilai, outside Kuala Lumpur September 1, 2013.

 

Kate Woodsome

September 03, 2013 

Labor and human rights activists are warning that asylum seekers and refugees may get swept up in Malaysia’s crackdown on undocumented immigrants and that the country is not equipped to handle them properly.

Malaysian Home Minister Ahmad Zahid Hamidi has promised the nationwide operation to detain and deport as many as half a million foreigners will follow international standards. But Phil Robertson of Human Rights Watch says Malaysia is far from being in line with such standards.

“Malaysian law doesn’t recognize refugee status. There’s no actual provision for status for refugee in immigration law, and unfortunately what that means is that the Malaysian government really has an open field in front of it,” Robertson, the deputy director of the group’s Asia Division, said Tuesday from Chiang Mai, Thailand.

There are more than 100,000 refugees registered in Malaysia, according to the United Nations High Commissioner for Refugees. The majority of them are ethnic Burmese minorities who say they have fled persecution back home.

Urban refugees

The men, women and children are known as “urban refugees” because there are no special camps for them. They live in low-cost housing scattered across the country, making it difficult to distinguish refugees from other migrants who may or may not be in the country legally.

“These people are in many cases in places where this crackdown is going to come," said Robertson. "So they’re going to be sweeping up refugees in addition to undocumented workers.”

More than 2,000 immigrants were rounded up on the first day of the operation on Sunday, about a quarter of the people whose papers were examined, according to the Home Ministry. Indonesian, Burmese, Bangladesh and Nepalese nationals made up most of those detained.

Burmese labor activists in the country say migrants are nervous about what seems to be a chaotic process.

“There’s widespread arrests in factories, industrial zones and in the cities,” activist Aung Gyi reported from Kuala Lumpur. “They target areas where foreigners live. In the area known as Myanmar village where a lot of Burmese are living, they have arrested Burmese who have UNHCR documents, legal work permits, and also illegals.”

Help for some, not all

U Soe Win, a labor attaché with the Burmese Embassy in Kuala Lumpur, said a Burmese government delegation will soon leave for Malaysia to discuss the situation. He expressed some hope for refugees, but said others may be on their own.

“We cannot do much for illegal Burmese workers if they violate the immigration law. My best advice to them now is to be careful in the daily activities. Since this is an operation, a lot of workers will be rounded up, but those with legal documents will not be detained,” U Soe Win said.

He said Burmese immigrants facing repatriation can apply for a certificate of identity at the embassy and arrange to return home.

It will be a painful process for many of the immigrants, some of whom came to Malaysia on their own, or with the help of paid human smugglers, to work on palm oil plantations and construction sites, or to care and cook for Malaysian families. For others who were trafficked to the country as sex slaves, it could be a relief.

Traffic cops

But Robertson of Human Rights Watch says he has as much concern about Malaysia’s ability to handle human trafficking victims properly as he does about refugees.

“I would venture that the frontline police officer in Malaysia couldn’t identify a human trafficking victim with a cheat sheet,” he said.

Malaysia landed on the U.S. State Department’s Tier 2 Watch List this year for the fourth year in a row because of the government’s poor compliance with standards to end human trafficking.

Malaysia’s Home Minister has promised that the crackdown on illegal immigration will be sensitive, and that immigrants who qualify for legal papers will be processed. He is encouraging immigrants to work directly with government officials and not with middlemen who could exploit them.

That said, the minister said authorities will not compromise in their efforts. Their target, he said, is to “achieve zero illegal immigrants.”

This report was prepared in collaboration with VOA's Burmese Service. - Voice of America, 3/9/2013, Activists Warn Malaysia Crackdown May Sweep Up Refugees