KUALA LUMPUR - Migrant workers recruited through licensed private employment agencies (APS) are guaranteed jobs and protection, according to three industry associations.

In a joint statement, the Association of Employment Agencies Malaysia (Papa), the Malaysian National Association of Employment Agencies (Pikap) and the National Human Resources Association of Malaysia (Pusma) said workers brought in through APS are assured of employment, counselling services and payment of air tickets.

“APS will look for jobs for them and are obliged to ensure the availability of jobs.

“APS will also step up in the event migrant workers face trouble with employers who do not comply with the Employment Act where migrant workers’ rights are exploited,” the statement said, last Thursday.

“These incidents include non-compliance with minimum wage, unpaid overtime in accordance with the Employment Act, unlawful salary deductions, overcrowded accommodation, unlawful termination and delayed or non-payment of salary.

“Malaysian employers are also required to sign a job order and get it attested at the respective embassies, with all terms and conditions clearly spelled out,” they added.

Human Resources Minister, Datuk Seri R. Ramanan had said on February 4 that the ministry is drafting a plan to allow employers to hire foreign workers directly to remove third-party agents or middlemen from the recruitment process.

He said the proposal, expected to be ready later this year, aims to protect foreign workers from paying excessive agent fees that can reach tens of thousands of ringgit.

The three associations said many cheating cases involved unlicensed foreign recruiting agents (FRA) that do not hold proper licences.

“Recruitment in source countries are basically conducted via multiple layers of unlicensed agents or sponsors.

“Migrant workers who live in remote areas were usually paid these sponsors in order to get jobs as most of them are denied access due to poor infrastructure,” they said.

They encouraged employers to conduct physical interviews at FRA premises to reduce post-arrival problems.

“This will eradicate many post-arrival problems, as employers can evaluate the workers’ ability, directly explain the terms and conditions of employment and brief the migrant workers on the company background,” they added.

The groups said issues such as excessive fees, exploitation, debt bondage and modern slavery were caused by foreign recruiting agents, not local licensed agencies.

“There were the known facts that Bangladeshi workers were 'forced' to pay for exorbitant fee and we deem its as exploitation.

“Malaysian recruiting agents are paid by the foreign recruiting agent and the amount is decided by them,” they said.

In the case of Indonesia, some recruiting agents merely receive between RM200 and RM400 per head after doing all the lengthy work.

“As for the Nepali guards who were forced to pay up to RM10,000 to get a job, this happened due to direct hiring,” they said.

They added that some security companies prefer direct hiring so they can require foreign recruiting agents to cover costs in Malaysia, including levy, Foreign Workers Medical Examination Monitoring Agency (FOMEMA) fees, medical insurance, uniforms and training expenses.

The associations urged Ramanan to clarify whether licensed APS agencies are considered third-party agents under the proposed policy.

“We hope he could clarify if APSs licensed by the Labour Department are deemed to be a third party agents.

“If the answer is yes, then what is the role of Licence C under the APS Act which requires every APS to place a deposit of RM250,000 with the Labour Department?” they said.

They also said local recruiters should not be made scapegoats for issues faced by foreign workers and called on the minister to ensure he has clear information on the actual situation on the ground.