Page 55 - BPAReport

or removing service subsectors after consultations with all relevant stakeholders. The
Independent Committee believes there is a strong case for allowing PLKS workers in
businesses offering senior citizens services and palliative care.

PLKS workers from approved source countries

32. The current policy in sourcing PLKS workers from selected countries should be
largely maintained for Peninsular Malaysia, Sarawak and Sabah. MOHR should consider
removing Kazakhstan, Uzbekistan and Turkmenistan from the list as the basis for their
inclusion no longer exists. The Independent Committee suggests that Sarawak and Sabah
should have a similar list as the Peninsular in the future.

Age limit for PLKS workers

33. The policy on the age limit for eligibility of foreign workers who are new applicants
will be maintained at 45 years. For renewal of PLKS purposes, at the time of renewal, the age
limit will be 55 years.

Family members and marriage of PLKS workers

34. The policy to prohibit family members of PLKS workers from joining them and the
prohibition of PLKS workers from marriage should be reviewed. MOHR should institute a
policy that accords with international standards, Malaysia’s obligations under CEDAW and
domestic law. This policy will also apply in Sarawak and Sabah to new PLKS workers.
However, the existing PLKS workers will continue to benefit from the previous waiver from
enforcement of this policy.

Employer statutory declaration

35. Employer must periodically make or renew the mandatory Statutory Declaration that
it complies with all applicable labour laws, especially those applicable to foreign workers e.g.
accommodations, standard employment contracts, IDs, Passports, security bonds, etc.

Policy Recommendations on Details of PLKS System
1. Online application and automatic approval based on the sectoral dependency ratio
(DR) quota system for PLKS workers
2. PLKS worker only employed in specified business entity and sector
3. No limitation on work functions of PLKS worker
4. Policy on hiring FWs in services subsectors currently subject to a freeze to be
immediately restored
5. PLKS workers from approved source countries to continue
6. Age limit for PLKS workers – application 45 years; renewal 55 years
7. Policy on family members and marriage of PLKS workers to be reviewed for
compliance with domestic law and international norms

53