Malaysia's draft MOU one-sided, unrealistic<\/p>\n
Ridwan Max Sijabat, The Jakarta Post, Jakarta<\/p>\n
The final draft memorandum of understanding (MOU) that Malaysia
\nproposed on Indonesian workers in that country's formal sector
\nsets more rigid recruitment standards but carries no provisions
\non labor protection nor explicit and direct sanctions against any
\ncontravention by Malaysian employers of the agreement.<\/p>\n
The final draft, a copy of which was recently delivered to the
\nforeign ministry and made available to The Jakarta Post,
\nregulates an official recruitment procedure that apparently aims
\nat preventing unskilled workers from Indonesia from illegally
\nentering the neighboring country.<\/p>\n
According to the terms and conditions of employment, Malaysian
\nemployers are required to recruit workers through licensed
\nrecruiting agencies and employment contracts will be kept not
\nonly by workers but also by both countries' relevant authorities
\nand agencies.<\/p>\n
The MOU draft demands more but pays less, placing Malaysia in
\na strong position and weakening Indonesia's bargaining power
\nsince the terms and conditions, including wages, allowances,
\nother benefits and working hours, are fully determined by
\nMalaysian employers.<\/p>\n
Indonesia is also assumed to accept Malaysian employers'
\nrights to conduct selection and set qualification requirements
\nthat are unable to be met by most workers.<\/p>\n
Indonesian workers are required, among other things, to be
\nfrom the 18 to 40 years age group, possess the required
\nqualifications and skills, sufficient knowledge of Malaysian
\nculture and social practices and be able to communicate in
\nEnglish or Malay.<\/p>\n
Many Indonesians have sought jobs overseas because apart from
\nthe rare job opportunities at home, they are unskilled in both
\nspecified fields and communications.<\/p>\n
Indonesia and Malaysia agreed to make a MOU on the recruitment
\nof Indonesian workers last year following the deportation of more
\nthan 750,000 Indonesians in 2002 who migrated and worked
\nillegally in Malaysia and the enforcement of a harsher
\nimmigration law to avoid any illegal entrance of Indonesian
\nworkers into Malaysia.<\/p>\n
Data at the manpower and transmigration ministry reveals that
\nthe number of Indonesians working in Malaysia is around one
\nmillion. Almost 60 percent of that number entered the country
\nillegally, with an estimated 1.5 million Indonesians working
\nillegally in construction, on plantations and in the informal
\nsector.<\/p>\n
Unlike other ASEAN nations, the two neighboring countries have
\nethnic and religious similarities, developed historical ties far
\nbefore independence was declared in Indonesia in 1945 and in
\nMalaysia in 1957 .<\/p>\n
The MOU draft adversely fails to provide a protection program
\nfor Indonesian workers and carries no explicit sanctions against
\nany infringements by the relevant sides, especially Malaysian
\nemployers and the recruiting agencies.<\/p>\n
It still has loopholes giving chance for labor exploitation
\nand abuse since it does not carry any sanctions against Malaysian
\nemployers who over-exploit workers, detain their documents, fail
\nto pay their monthly wages and providing equipment to prevent
\noccupational accidents.<\/p>\n
In most cases, many Indonesian workers were involved in
\ndisputes with their employers because despite the employment
\ncontract, their payments were suspended and overstayed because
\ntheir documents were held by their employers or Malaysian
\nrecruitment agencies.<\/p>\n
The MOU draft, the substance of which has been discussed by an
\nIndonesian-Malaysian team, does not set a minimum wage but
\nrequires employers to pay at least the equivelant to the basic
\nwage for Malaysian workers working in the same field and provide
\nappropriate accommodation as required by Malaysian law.<\/p>\n
There is no mechanism on what workers should do when in
\ndispute with their employers nor a requirement for employers to
\ninsure their workers.<\/p>\n
It just stipulates that "the respective party shall take
\nappropriate action against employers and Indonesian recruitment
\nagencies contravening the provisions under this MOU."<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/malaysias-draft-mou-one-sided-unrealistic-1447893297",
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"sponsor": "Okusi Associates",
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