Page 34 - BPAReport

In Malaysia “migrant workers” who are granted official legal status to work in the formal
sector are designated as:
“foreign workers” when they are engaged in manual and unskilled jobs for an
agreed contractual period with a specified employer and in specified economic
sectors. They are also referred to as “ PLKS workers”.
“expatriates” when they are engaged in high skilled and extremely specialised
jobs for an agreed contractual period with a specified employer and in a
specified industry.
“foreign domestic workers” when they are engaged to undertake household
duties or tasks and related jobs for an agreed contractual period with a specified
employers and in a specified household or premises.

There are other types of “migrant workers” in Malaysia who have to be considered. They
are referred to in this report as “undocumented workers”. These workers are employed
predominantly in the informal sector and are not covered by the provisions of the
Employment Act:
Undocumented workers are predominantly: (1) “foreign workers” whose work
permits have expired but choose not to be repatriated; (2) “foreign workers” who
have chosen to abscond for a variety of reasons, e.g. changing employers or
sectors, debt bondage, mistreatment, etc.; (3) persons who have overstayed or
violated the conditions of their tourist visitor pass and seek work; and (4)
persons who have crossed the international borders into Malaysia other than
through an official entry point and now seek work.
Refugees as a status are currently not recognised in Malaysia. UNHCR
operating in Malaysia grants such persons refugee status but officially they are
not eligible to seek employment in Malaysia while awaiting resolution of their
situation.
Foreign Spouses of Malaysian Citizens who are eligible to seek employment.
This category would also cover foreign spouses of “expatriates”.
Foreign Students and Interns who seek employment in industry within structured
programs as part of fulfilment for course of studies in Malaysian or foreign
universities or institutions of higher learning.
Stateless persons domicile in Malaysia seeking employment.
“Migrant workers” who want to be self-employed which is not recognized in
Malaysia.

* United Nations Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, 1990.

3.2 Designated economic sectors and subsectors

3. The current overall policy only allows for foreign workers to be employed in
designated economic sectors and subsectors. These differ depending on whether they are
deployed in Peninsula Malaysia, or in Sarawak or in Sabah and on the type of foreign
workers (mainly PLKS workers or expatriates)(see Boxes 2 - 5). There are some uncertainties
about the treatment of foreign workers in the fishing industries, where it is sometimes stated

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