KUALA LUMPUR: The Human Resources Ministry has launched an investigation over reports of abuse of the Foreign Worker Relaxation Plan introduced to address labour shortages in critical sectors.
Its minister, V. Sivakumar, in confirming two recent cases, repeated his stern warning to employers and local businesses that fired local workers after their applications for foreign worker quota were approved.
The first case involved the dismissal of 102 Malaysian employees in Penang who were replaced by foreign workers, while the second incident was reported by the Bangladeshi envoy to Malaysia, where a group of Bangladeshi workers were left stranded after arriving at the Kuala Lumpur International Airport (KLIA) recently.
"It seems that the relaxed requirements to hire foreigners are being manipulated by some employers. Why did you apply for foreign workers' quota when you're not hiring when they arrive (in Malaysia)?
"In addition, the programme was implemented to address manpower shortage (only) in critical areas, and not a means to replace local staff with foreign workers," he told reporters at the Parliament media room today.
He said action could be taken against irresponsible employers under Section 60M of the Employment Act for terminating local workers for the purpose of employing a foreigners, which carries a maximum RM50,000 fine for each offence.
He said the Labour Department had also received several others complaints that were also under investigation.
Such irresponsible acts, said Sivakumar, would not only tarnish the country's image, but could also dampen the government's future negotiations on labour migration with countries of origin, not to mention exposing the government to legal implications.
"When asked, (the employers) gave numerous excuses, saying that they're not ready to accept them, although they were the ones who had applied for the foreign worker quota.
"So, the motive (for making the application) is also under investigation. I would like to remind the employers, only apply for foreign workers when you need them."
The ministry, in collaboration with the Home Ministry, had announced the relaxation plan to expedite the approval of foreign worker quota applications in five critical sectors, namely, plantation, manufacturing, construction, agriculture, and services (restaurants), to address the labour shortage issue.