
Govt Eases Act 446 Enforcement & Extends Labour Recalibration Plan

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Hire NowHuman Resources Minister M Saravanan stated that the government has decided to relax the enforcement of rules overseeing workers' housing standards until the end of 2021.
The government reached this decision after receiving calls from employers requesting more time to comply with the Workers' Minimum Standards of Housing and Amenities Act's (Act 446) requirements. According to them, many companies are still recovering from the effects of the COVID-19 pandemic.
The minister said at a press conference that employers still need to work towards complying with Act 446. He said that even though the government is giving them space, the employers must start preparing as soon as possible. He warned the employers not to wait until the government begins to enforce the law in December 2021 to start building workers' homes.
Recently, the Malaysian Employers Federation requested one to three years more to fulfil the requirements of Act 446. Its Executive Director Shamsuddin Bardan said the government gave companies limited time to comply when the act was enforced on September 1, 2021.
Government extends labour recalibration plan
Home Minister Datuk Seri Hamzah Zainudin said that the government had extended the labour recalibration plan to employers in four sub-sectors of the service industry.
The minister stated the four sub-sectors are:
- Wholesale and retail,
- Restaurants,
- Cargo, and
- Cleaning services.
He said the foreign workers' management committee had analysed several papers, including the consideration to enable these sub-sectors to participate in the labour recalibration plan.
He said that the government agreed to allow employers to participate, and they have until the end of June 2021 to apply for the legalisation of their foreign workers. The government hopes that employers will make full use of the next few months to legalise their employees.
Based on the meeting, the conditions for the programme has expanded, including allowing:
- Those who signed up for the rehiring and 6P programmes but did not get their work permits.
- Those who had fled from their employers, but the case was unreported.
- Undocumented migrants who have original and valid travel documents.
The minister also said the meeting has agreed to enable foreign workers in the plantation industry whose work permit is expiring to have their permits' validity extended for another year.
Hamzah said, for instance, if the work permit is expiring in May, it will be valid until May 2022 and permits that expire in December will have their validity extended until December next year. However, the government will only provide the extension to those whose work permit is expiring on their 13th year working in this country.
In November 2020, the government announced the labour recalibration plan. Employers in the construction, manufacturing, plantation and agriculture sectors were able to employ undocumented foreign workers.
The government also implemented the repatriation recalibration plan where undocumented migrants can volunteer to return to their countries. The government will end the two programs on June 30, 2021.
However, both plans are only for employers and undocumented migrants located in Peninsular Malaysia.
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