The Malaysian Insight

PUTRAJAYA should make the visa application process for migrant workers in the country easier and more convenient, a move which should help curb the rise of undocumented foreign workers, said M. Ramachelvam.

The Bar Council’s chairman on the Migrants, Refugees and Immigration Affairs Committee said the current application process for migrant worker visa is too tedious for employers to follow. 

“One of the biggest complaints in the foreign worker management scheme has been the issue of the problems faced by employers to get approvals for their workers. There are a lot of processes that needs to be complied (by employers),” he said. 

He said the application process needs to be seamless so that it will be easier for the employers applying for these permits and it will in turn reduce the huge problem of undocumented migrant workers in the country. 

“Employment must be seamless so that it’s easy. If you make it easier, illegal foreign workers will be a thing of the past. We have to address the huge number of undocumented workers here, and making this process easier is one of the ways to do it.

“Once they’re legal, their rights will also be protected,” he said.

Speaking to reporters earlier at the The Bar Council Migrants, Refugees and Immigration Affairs Committee’s launching of the report on migrant workers’ access to justice in Malaysia, Ramachelvam suggested that the government should determine a percentage of foreign workers allowed to be hired for each of the six sectors of the economy. 

“For instance, for the construction sector, you may need 100% foreign workers. For plantation, you may need 100%, whereas in the services sector, you may need a lower percentage, like 30% or 50%. So if an employer wants to hire foreign workers, they will know how many they can hire based on the percentage (determined by the government),” he said. 

Ramachelvam said that currently, there’s a mismatch of demand and supply for workers. 

“There are a lot of cases now where we hear of employers applying for 50 workers but they’re given five or 10 workers. So there’s a mismatch between demand and supply,” he said. 

Ramachelvam also suggested that the governance and management of migrant workers should be under the purview of the Human Resource Ministry instead of the Home Ministry. 

“Of course the Immigration Department (under the Home Ministry) has a role to play in approving work permits because that is the law.

“But other than that, the rest of the issues with migrant labour with qualifications, numbers and sectors of work and so on, they should be determined by the Human Resource Ministry in consultation with other ministries that have the charge or task in that particular sector.

“For instance, in agriculture, the Human Resource Ministry should work with the Agriculture Ministry and the Primary Industries Ministry to determine the numbers that are required. Similarly there are other sectors in the economy as well,” he said. 

Meanwhile, Ramachelvam said the report which highlights migrant worker issues in the country will be handed to relevant authorities as well as the government to formulate better policies for migrant workers. 

“We will be forwarding the report to the relevant ministries, missions and stakeholders, including the civil societies and international societies. We hope this report will assist the government to formulate policies in the national interest and which will help the nation and migrant workers as well,” he said. – September 27, 2019.