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Malaysia depends on migrant workers to sustain its economy. Today we have almost 3 million migrant workers, out of which about half are undocumented.  Since 1985, when Malaysia signed the first Memorandum of Understanding  with Indonesia and formalized the recruitment of overseas contract workers, we have seen a frequent change in the policy of recruitment and placement of migrant workers.

The country does not have a comprehensive policy nor a law on foreign workers.   It has practiced a very ad hoc approach to its policy.  The constant change in policies has brought about problems in the management of  workers, in protection of their rights and in the enforcement of basic protection laws especially in employment.

In 2005, the Malaysian government replaced the direct recruitment system with the outsourcing system to bring in Bangladeshi workers. Businesses that require less than 50 workers  have to use these outsourcing companies. The outsourcing system absolves employers from all responsibility  to the workers .  The responsibility of payment, of welfare and of obtaining necessary documents for their employment would be borne by   the outsourcing companies.

Today the government has approved over 239 outsourcing companies to recruit, supply and manage migrant workers mainly from Bangladesh.  Similar practices of recruitment, supply and management of the foreign workers have also been identified with the Indian workers. There is an assumption that this process will be part of the strategy of labor deregulation and flexibilization of labor.   It is assumed that such a strategy would benefit industries that employ less than 50 workers.

However, recent reports of cases of exploitation and starvation of migrant workers in the media and from the fact finding mission conducted by Tenaganita with 1000 Bangaldeshi workers reveal that the system of outsourcing has led to abuse and denial of wages and
honor of contracts signed between the Home Ministry, the Bangladesh High Commission and the Outsourcing company.  Many of the workers had not got any work in an industry nor were paid any wages.   They were in fact kept in houses and threatened with arrest and deportation if they left the premises.

Recognizing that such form of labor flexibilization is leading to forms of servitude, control and abuse of the workers that reflect trafficking in persons for intense labor exploitation, we see the urgent need for a dialogue and consultation to see how to arrest the problem before more and more workers fall victims to this inhuman form of treatment and servitude

Tenaganita together with some of the victims  will share its findings.  Migrant care from Indonesia will speak on the plans for similar recruitment and employment for Indonesian workers and the fears and gaps that emerge from such form of recruitment and employment of migrant workers..   We will invite representatives from the three key Ministries, Home, Human Resources and Internal security to respond.

This Consultation is jointly organized  by the Malaysian Bar Council through its Ad Hoc Committee on the Immigration Act and Tenaganita.  The Consultation will take place on July 10, 2007 at the Bar Council Auditorium from 8.30 am - 2.00pm.  Lunch will be provided.

We invite you and/or your representative to participate at this Consultation so that collectively we can propose changes and work towards a more sustainable solution to the recruitment, placement and employment of migrant workers where their rights are protected.

Consultation On :
“Outsourcing - A New Strategy In Labor Flexibilization And
Its Impact On Migrant Workers”
July 10, 2007
Bar Council Auditorium Kuala Lumpur

PRE-REGISTRATION FORM

Please send this form to Ms Shavita Erama <tenaganita@yahoo.co.uk>   or by fax (603) 2691-3681 by 6th July, 2007.

First Name:            __________________________________________

Family Name:          __________________________________________

Ministry / Embassy / Organization:  _____________________________

Position/Title:          ___________________________________________

Mailing Address:    ___________________________________________

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Tel/Fax:                  __________________________________________