Tag Archives: Foreign Labour Levy

Employers NOT allowed to deduct cost of levies from the salaries of migrant workers

Below is the link to a PDF copy of a circular from the Labour Department which states that employers are no longer allowed to deduct the cost of levies from the salaries of migrant workers. Read carefully for the conditions and the dates of application of this policy, issued in April 2009. This would be very useful in arguing against wrongful deduction of wages.

JTK Circular-Levy Deduction

Levy on foreign workers to go up: Malaysia

PUTRAJAYA, May 20 (Bernama) — The government plans to increase the levy on foreign workers according to the job sectors from early next year in a bid to reduce the country’s dependence on foreign labour.

Deputy Prime Minister Tan Sri Muhyiddin Yassin said the levy would defer according to the foreign workers’ skills level and the number of workers in a sector.

“We will study it (levy) according to the job sectors such as manufacturing, construction, services, plantation and agriculture. This means the levy will defer according to the job sectors and the more workers there are in a particular sector, the higher the levy may be.

“Another factor is qualification. If they are skilled workers, the levy may not be high but if they are unskilled or just ordinary workers, then the employers may have to pay a higher levy.”

Muhyiddin said this after chairing the third meeting of the Cabinet Committee on Foreign and Illegal Workers, here, today.

Also present were Home Minister Datuk Seri Hishammuddin Hussein and Human Resource Minister Datuk Dr S. Subramaniam.

Muhyiddin said Hishammuddin was given two weeks to study the proposed increase of levy on foreign workers, which was among 50 proposals submitted by the Laboratory on Managing Foreign Workers.

“If the levy is to be increased, it can only be enforced by early 2011 as we need a bit more time to study the matter.”

Muhyiddin said the government also planned to impose a bond on employers to make them more responsible towards their workers.

He said the bond payment had been implemented in a number of countries like Singapore for the purpose of monitoring the entry of foreign visitors and workers into these countries.

“The bond is a guarantee for employers to be responsible when their workers run away, stop work and so forth. We have not decided on this but I have asked that this be studied.

“We are prepared to obtain input including from employers’ associations on whether this bond should be imposed on employers,” he said.

Muhyiddin said the government also proposed to grant amnesty to illegal foreign workers after the biometric identification system had been fine-tuned.

“This system is to ensure that the entry of each foreign worker or visitor into Malaysia is recorded.

“It is up to the Home Ministry and Immigration Department to decide on how early the biometric system can be implemented, so that the amnesty process can proceed.

“After the ‘cleansing’ period ends, we will take stern action against employers who flout the law such as by hiring foreign workers without permits.”

On another note, Muhyiddin said today’s meeting focused on three main aspects from the 50 proposals put forward by the Laboratory on Managing Foreign Workers. They are the demand and supply of foreign workers, the system and process of hiring foreign workers, and law and enforcement.

He said from these three aspects, there were six Key Performance Indicators (KPIs) in tackling the foreign labour and illegal foreign worker issues in the long term.

These comprise reduced number of illegals, increased number of errant employers brought to book, increased revenue of the Immigration Department, reduced cost borne by the government, and decline in crime involving foreign workers.

The deputy prime minister said the government’s stand was to reduce the number of foreign workers in stages in the long term.

Meanwhile, Hishammuddin said implementing the biometric system would take time as the government wanted to ensure that all the data collection systems at the ministry and government agencies could be properly streamlined first.

“The Immigration and Education departments, Wisma Putra and police all have their own data collection system. It’s a waste if we introduce a system and disregard the others.

“Our task now is to ensure that whatever system or process we come up with, must be leveraged on the existing systems so that there would not be a wastage,” he said.

Employers, unionists disagree on higher foreign worker levy

[The Malaysian Insider]

KUALA LUMPUR, May 21 — The Malaysian Employers Federation (MEF) called the proposed higher foreign worker levy “ridiculous” while the Malaysian Trades Union Congress (MTUC) expectedly backed the government move to be implemented early next year.

Deputy Prime Minister Tan Sri Muhyiddin Yassin had announced yesterday government plans to increase the levy on foreign workers according to job sectors to cut dependence on foreign labour.

“I think this is very ridiculous. That is the softest word I can use,” MEF executive director Shamsuddin Bardan told The Malaysian Insider.

Although the government is exhorting the private sector to be an engine of growth, it is penalising employers for employing foreign workers, he said.

But the MTUC welcomed the move, hailing it as a good step in discouraging employers from employing foreign workers.

“I think it is a good move,” said MTUC general secretary G. Rajasekaran.

Increasing the levy on foreign workers is among the latest moves by the government to cut the foreign workforce to 1.5 million in three years from the current 1.9 million figure. The government will also encourage illegal immigrants to leave the country by offering them an amnesty once a biometric system at Malaysia’s entry points is in place.

“Employers in the private sector employing foreign workers is not by choice,” Shamsuddin said. “They are forced to do it because of the fact that (there are) no local workers available that can meet their requirements.”

Rajasekaran, however, hit back at employers, saying that they were not expending enough effort in hiring local workers.

“We also feel that the employers — they are not making enough effort to recruit locals,” he said. “They always make excuses, saying that Malaysians are not willing to do the job… that is not correct.”

When asked if hiring more locals at higher salaries would eventually result in a price hike of goods and services, Rajasekaran said: “We don’t see the cost going up for the consumers.”

The MTUC general secretary went on to say that there were cases where some companies announced job vacancies through prominent banners outside their factories in a superficial attempt at recruiting locals, but failed to call local applicants back after their interviews.

Shamsuddin refuted that allegation, saying that the government online recruitment site Jobs Malaysia revealed a higher number of vacancies than applications.

The proposed levy will be four times higher than the current amount, thus quadrupling the current RM4 billion foreign worker levies to RM16 billion a year, said Shamsuddin.

“Which employer can sustain that (400 per cent) increase?” he asked.

Muhyiddin, however, did not specify the amount of the levy hike yesterday, saying that the levy would differ between sectors and that unskilled workers would have to pay a higher levy.

Local workers shun industries like plantations, construction, furniture and certain manufacturing sectors like copper production, said Shamsuddin, noting they preferred to work in an air-conditioned environment despite higher pay in the “harder” jobs.

A total 80 per cent of the local workforce are only SPM school leavers, thus making it difficult to replace foreign labourers who already possess the necessary skills in those industries, he added.

“We do not want to depend on foreign workers forever,” he said. “Employing foreign workers is not cheap.”

Shamsuddin cited costs such as providing accommodation and transportation besides the levy, which can result in a total of RM5,300 in additional cost per employee.

Malaysia’s 1.9 million foreign workers are spread across sectors such as manufacturing (39 per cent), construction (19 per cent), plantations (14 per cent), housemaids (12 per cent), services (10 per cent), with the rest in agriculture.

“In the long run, the way is to increase the skills of workers,” he said. “This must be done in stages… to reduce dependence on foreign workers.”

Besides training local employees, Shamsuddin suggested increasing the participation of the female workforce to 60 per cent from the current 46 per cent, which would create an additional 1.2 million employees. The retirement age should also be delayed to 65 years to add one million workers. The total 2.2 million workers would be enough to cover the number of foreign workers, he added.

Cabinet temporarily defers foreign worker levy hike

The Star – Friday, 1 May 2009

KUALA LUMPUR: The Cabinet has decided to defer temporarily the implementation of the foreign worker levy hike, Human Resource Minister Datuk Dr. S.Subramaniam said.

He said the Cabinet made the decision at its last weekly meeting after considering requests by the employers, especially restaurant owners who felt the hike would be and added burden.

“The Cabinet felt that it was not the right time to implement the levy hike on foreign workers due to the uncertain economic situation,” he told reporters at Angkasapuri here on Friday.

Dr. Subramaniam said he raised the matter at Wednesday’s Cabinet meeting after gathering feedback from the employers and industry stakeholders recently.

“With this decision, the implementation of the doubling of levy payment for foreign workers will be deferred temporarily until the economy improves,” he said.

The Minister said once the country’s economy had improved, the Cabinet would announce the mechanism for the implementation of the hike.

It was reported that more than 375,000 foreign and local workers in 25,000 Indian, Muslim and Chinese food outlets risked losing their jobs if the foreign worker levy payment was doubled as proposed in the mini budget.

The mini budget tabled in Parliament recently, provided for the doubling of the foreign workers levy, except for those in the construction, plantation and domestic maid sectors.

Malaysian Muslim Restaurant Owners Association (Presma) president Datuk Jamarulkhan Kadir was quoted as saying that many restaurants found it difficult to sustain their businesses even without the annual levy per worker being increased from RM1,800 to RM3,600.

He was reported to have said that on top of the levy, the owners also had to pay for medical fees (RM200), visa charges (RM160) and insurance (RM100).

Malaysian Indian Restaurant Owners Association (Primas) president Datuk R. Ramalingam Pillai had also urged the Government to review the levy for the service sector and cancel it in view of the looming recession.

Ramalingam claimed that business across the board had also shrunk 30% in the past six months following the economic slowdown sparked by the global financial crisis.-Bernama

Foreign Workers Levy to Go up in 2011

20 May 2011

PUTRAJAYA: The government plans to increase the levy on foreign workers according to the job sectors from early next year in a bid to reduce the country’s dependence on foreign labour.
Deputy Prime Minister Tan Sri Muhyiddin Yassin said the levy would defer according to the foreign workers’ skills level and the number of workers in a sector.

“We will study it (levy) according to the job sectors such as manufacturing, construction, services, plantation and agriculture. This means the levy will defer according to the job sectors and the more workers there are in a particular sector, the higher the levy may be.

“Another factor is qualification. If they are skilled workers, the levy may not be high but if they are unskilled or just ordinary workers, then the employers may have to pay a higher levy.”
Muhyiddin said this after chairing the third meeting of the Cabinet Committee on Foreign and Illegal Workers, here, today.

Also present were Home Minister Datuk Seri Hishammuddin Hussein and Human Resource Minister Datuk Dr S. Subramaniam

Muhyiddin said Hishammuddin was given two weeks to study the proposed increase of levy on foreign workers, which was among 50 proposals submitted by the Laboratory on Managing Foreign Workers.

“If the levy is to be increased, it can only be enforced by early 2011 as we need a bit more time to study the matter.”

Muhyiddin said the government also planned to impose a bond on employers to make them more responsible towards their workers.

He said the bond payment had been implemented in a number of countries like Singapore for the purpose of monitoring the entry of foreign visitors and workers into these countries.

“The bond is a guarantee for employers to be responsible when their workers run away, stop work and so forth. We have not decided on this but I have asked that this be studied. — BERNAMA