BUSINESSES are concerned and anxious over Putrajaya’s decision to resume foreign workers’ legalisation as there is little information on the scheme, which started on Monday.

They are especially anxious over the penalties they would face, with businesses saying that if the government decides to impose high fines, then many would avoid the move to legalise their workers.

Last week Home Minister Hamzah Zainuddin said the programme, which opened on November 16 until mid-December, is to allow undocumented migrants to apply via their employers to stay in the country and work legally in sectors deemed “difficult, dangerous or dirty”.

Only employers from four sectors – manufacturing, construction, agriculture and plantations – are eligible to apply.

SME Association president Michael Kang told The Malaysian Insight that although the programme started on Monday, industry players have yet to receive any information regarding the scheme, and are confused about the procedures and criteria.

Kang said it’s not even certain which agency or department will process the applications.

“Is it through the Immigration Department or another agency? We have many questions and we know nothing”

Legalisation schemes in the past also have different procedures, including online applications, leaving the sectors in the dark.

“Do employers need to queue up and make physical applications, or are online applications enough? We’ll have to wait for the details to be released.”

Federation of Malaysian Manufacturers president Soh Thian Lai said industry players have been waiting for the government to announce such a measure.

“We had too many illegal migrant workers in the past but the government refused to legalise then.

“As a result, main sectors, such as construction, export, manufacturing and plantation, have been facing a lack of workers.

“If we can legalise them, then it will help hasten the economic recovery,” Soh said.

Legalisation would only solve part of the labour issue as the scheme only applies to four sectors, Soh said, adding that smaller businesses are unlikely to benefit.

Soh said the government should extend the scheme to all sectors.

“If the government is serious about legalisation, then all these small businesses should be allowed to apply as well or they’ll have no workers.”

The government should provide guidelines for the legalisation process, minimise complications and speed up the process, he said.

“Let’s say I applied for legalisation and it was approved within a week. There can’t be a situation where I’ve applied and then not hear anything for a month, two months, maybe even three.

“You need to set up standard procedure and let people know exactly how long it’ll take.

“As to the penalty for hiring illegals, it cannot be too high. If, for example, the fine is RM10,000, then businesses won’t want to apply for it either, so it must be reasonable,” Soh said.

Ban middlemen

Malaysian Employers’ Federation executive director Shamsuddin Bardan said past experiences have shown that for the scheme to work, the costs involved must be low.

“It is extremely important that the government ban middlemen from taking part in the process. It is the employer who must apply, not middlemen.

“This will reduce unnecessary bureaucracy and costs, which can cause some to back out,” Shamsuddin said.

The government should also not fine employers who want to participate in the scheme.

“This is a huge concern, because such measures could make employers and the workers themselves lose interest.”

Illegal migrants should be allowed to apply for the scheme themselves and then allow employers to apply to hire the legalised workers, he said.

This is to avoid concerns that employers, who repeatedly help their workers apply for legalisation, will be included on a “blacklist” of repeat offenders.

Meanwhile, Sg Petani MP Johari Abdul urged the government to come up with a holistic solution to address the issue of illegal migrant workers instead applying short-term, piecemeal solutions.

“We made this suggestion repeatedly in Parliament and caucuses, there cannot be only piecemeal solutions.

“Such short-term solutions do not only cause trouble for Malaysians but also for migrant workers,” said Johari, who is also PKR’s defence and home affairs spokesman in its shadow cabinet.

All foreigners should register themselves so the government can have a full database to use for a holistic, long-term policy, he said.

With a proper database, the government can address issues concerning the migrant workers in the country, he said.

If employers are looking for foreign workers, the government could also match them with prospective hires, such as those with the necessary skills.

“Overall, we need a comprehensive policy and there needs to be clear targets from beginning to end.” – November 19, 2020.