Session 3 Theme 2 Panellist Reaction –

Employers’ Organisation

by

Lee Yoke WanMalaysian Employers Federation

The 7th ASEAN Forum on Migrant Labour20-21 November, Nay Pyi Taw

2

ILO – EO Collaborative Initiatives

� 2012 - Survey on Issues and Challenges

Faced by Employers in the Effective

Governance of Labour Migration in the

ASEAN and Development of a Work-plan

� 2014 - Development of Practical Guidelines

for Employers on the Recruitment,

Placement, Employment and Repatriation of

Foreign Workers in Malaysia

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PROPOSED ACE WORK PLAN

� EOs National Best Practices Policies

� Development of booklet by EOs in the respective ASEAN countries to

be used as guidelines for employers.

� EOs to meet and discuss to get clear information on admission and

departure policies.

� Consultative mechanism to be developed on a regular basis with

EOs, Government and workers organisations to discuss migrant

workers issues and challenges.

� Bilateral and regional cooperation among employers from sending /

supplying countries should be encouraged.

MALAYSIAN EMPLOYERS FEDERATION

4

Practical Guidelines for Employers on the Recruitment, Placement, Employment and Repatriation of Foreign Workers in Malaysia

� MEF collaborated with ILO under the GMS TRIANGLE to

provide:

� practical guidance to employers on managing their FWs

� promote best practices

� Survey was conducted among employers to:

� collectively identify issues and challenges faced by employers in the

management of FW

� fact finding and feedback from employers on best practices

� Report on the Practical Guidelines – to be launched in Dec 2014

5

Recruitment Process

Approval from Local Labour Office

MOHR Work Permit Application

Engage Foreign Employment Agency

Sign Job Order at Embassy

Interview at Foreign Country

Receive Biodatas & Apply Calling Visa

Send Approved Calling Visa to Agent

Migrant Workers Arrival

Report For Duty, Induction & Training

2 months

1 week

2 weeks

1 week

2 weeks

1 month

1 week

2 weeks

5 months

6

Who initiates request on employment of FWs?

Reasons for Recruiting Foreign Workers

Main Reasons for Recruiting FWs

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Does your Company have a system to monitor renewal of work permits?

Challenges in Applying and Renewing Work Permits

Challenges faced in applying and

renewing work permits of Foreign

Workers include:

• Lengthy and unclear

procedures

• Constantly changing

procedures

• Delays in obtaining permits

• Poor counter service

8

Common Elements in Contract

71.7%

36.7%

65%

60%

70%

65%

50%

48.3%

55%

33.3%

38.3%

40%

58.3%

58.3%

0 10 20 30 40 50 60 70 80

Worker’s full name, date and place of birth, and passport no.

Worker emergency contact information in source country

Contract duration and conditions of renewal

Clearly defined regular wage rate

Expected regular working hours, overtime hours, frequency of rest…

Clearly defined regular wage rate, fixed/guaranteed overtime, and…

Bonuses and allowances and work-related benefits

Mechanism for wage payment – Cash or Bank Account

Description of living conditions, including costs for accommodation…

Conditions under which and extent to which the contractor may be…

Breakdown of costs the worker is responsible for - costs associated…

Breakdown of costs the what the employer is responsible for -…

Transportation clauses to country/place of employment, and return;

Dispute settlement procedures, and the grounds on which a…

9

Are you recruiting FWsthrough recruiting agents ?

Recruiting Agents

How did Company select labour agent/recruitment partner?

10

Does your Company adopt the following procedures for

FWs on arrival at port of disembarkation?

Post Arrival

74.40%

65.90%

57.90%

47.40%

77.80%

25.60%

34.10%

42.10%

52.60%

22.20%

0% 20% 40% 60% 80% 100%

Met at airport/port of disembarkation

Assistance for clearance through

Immigration

Assistance for clearance through Customs

Provide Co.'s uniform for easy identification

Others

Recruiting agent Co.'s Representative

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Contents of the Orientation Programme Who conducts the orientation

Language in which the orientation is conducted

Orientation Programme

12

Provision of training to Foreign Workers

Yes

(29)

69.0%

No

(13)

31.0%

0.0% 20.0% 40.0% 60.0% 80.0% 100.0%

Others

Formal training courses by

training provider

Coaching

On the job training

(4) 9.8%

(14) 34.1%

(23) 56.1%

(39) 95.1%

Types of training given to Foreign Workers

Training

13

Whether the grievance mechanism for employees claiming unfair treatment apply to all employees including Foreign Workers

The common types of complaints from foreign workers to Labour Department are:• Non-payment of wages / statutory benefits (O/time);• Wages paid is less than what was agreed in the contract;• Excessive deduction from wages (without consent and /or approval);• Job specification differs from the original offer;• Annual leave / rest days not granted;• Forced to work with different employers;• Poor living conditions.

Grievance Mechanism

Whether the Companies have grievance mechanism for all employees

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Issues and Challenges in employment of Foreign Workers

15

MEF Views on Foreign Workers Recruitment Policies

� Policies, procedures and legislations relating to

Foreign Workers should not be ad hoc but should

be:

� Clear

� Comprehensive and

� Sustainable

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MEF Views on Foreign Workers Recruitment Policies

� To improve the efficiency in the recruitment process as well

as to reduce costs and abuses MEF proposes the followings:

� Establish more one stop centres

� Maximum duration of contract of employment be extended to

maintain productivity and reduce the hassle of frequent training

every time new workers are recruited

� Recruitment should be direct because third party involvement will

increase cost and dealings should be on G-to-G basis involving only

official payments

� Multiple health checks at source and at host countries should be

reviewed to one comprehensive health check at source country

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Social Dialogue on Migration Policy – Role of EOs

MALAYSIAN EMPLOYERS FEDERATION

18

Social Dialogue on Migration Policy – EOs Involvement

MALAYSIAN EMPLOYERS FEDERATION

• EOs are unanimous that employers should be more involved in: • labour migration

legislation and• procedures

• any change in policy would affect their manpower planning

• High rating of for the degree of involvement supports this proposal

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Employment : Benefits to Employers to Engage More in Direct Recruitment

MALAYSIAN EMPLOYERS FEDERATION

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EURES – a Possible Model ?

� European Employment Services

� Working apart together