2.2 that would put the society in danger,

2.2 IMPACT OF EMPLOYMENT OF FOREIGN WORKERS

The economy increased but within a
limited range due to the exchange of currency, the relationships between
Malaysia and many other countries might increase or decrease if a foreigner was
sentenced to prison or sent back to his country for a reason.

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Availability of a huge number of cheap
foreign workers encouraged to invest in superior technology without taking the
gradual right steps to build it, leading to a lack in other basic industries,
and that was a roadblock to increase the economy by 2020, migration affected
land use, housing, labor market and human resources for the Malaysian economy.

 

Number of undocumented foreign workers
increased rapidly which affected policy initiatives and made it harder for them
to solve many problems especially the ones related to wages, it became too
difficult to collect data and most of the documents became imperfect with low
precision as the number of foreign workers increased from 388,000 to 2.1
million from 1990 to 2010. Uneducated foreign labor became in all establishments
and fields except for family firms, businesses and micro-size establishments. A
foreign born-generation is now growing up in Malaysia and this must be taken
into consideration.

 

Foreign workers face many obstacles in
seeking education, jobs, communication or asking for their rights as humans
some of them may be
exposed to rape, mental abuse, sexual assault, hitting, kicking, pouring
boiling water, using hot irons to brand parts of victim’s bodies, being forced
to work without any medical insurance and other inhuman tortures, especially the illegal migrants as they have
denied access to rights due to manner of illegal entry, if these foreigners got
no way to legalize their stays, that would put the society in danger, so a door
should be always open for them to prevent the bad consequences. From 2000 to
2010 more than 1000 abuse cases were reported (Yulpisman et al.,2007).
Indonesians decided to stop sending maids in 2009 regardless the high demand
from Malaysia. The safety of the local society may be threatened by ignorant
foreign workers. The huge number of foreign workers is looked as a security
threat as it is associated with rising crime rate and contagious diseases
(Kanapathy, 2008). Besides that, there are other social problems like drugs addiction,
prostitution, burglary and many more. The foreign workers have not only flooded
the local employment market, but they are also filling up our prison and
detention centers all over the nation said by the ministry of Internal
Security. Therefore, it is normal that if Malaysians feel afflictive with their
presence (Bernama, 2007) and this will disturb the social balance in Malaysia.

 

Besides that, local employers will be more
rely on foreign workers, the escalating of the number of foreign workers will
affect high unemployment rate of local workers because foreign workers have
substituted for local workers in construction and manufacturing sector.
Employers feel satisfied having foreign workers working in their company and
local workers feel stress because they must compete with foreign workers if
they want to survive in either construction or manufacturing sector. Sooner or
later, it ends up with locals’ lower purchasing power, resulting leaves some
negative impacts to Malaysia’s economy. Chew (2005) worried that our country is
highly dependent on a single country which is Indonesia, it is the main source
of labor for around 65% (Kanapathy, 2008; Kaur, 2010) or 62% (Department of
Statistics Malaysia, 2010) from overall foreign workers in Malaysia. Another
issue shows that Malaysia is highly dependent on foreign worker which is like
around 90% of the foreign workers in agriculture sector are of Indonesian
origin in Sabah (Kassim, 2005). The problem may occur if diplomatic relations
between Malaysia and Indonesia become strained and Indonesia ordered on their
nationals back (Kassim, 2005) and adversely affect the construction industry in
Malaysia.

 

The slow pace in technology advancement will
happen in Malaysia. One of the challenges that the Malaysian construction sector
faces is productivity caused by the foreign workers. Most of the foreign
workers employed were unskilled, low education level which will decrease the
quality and productivity of work in construction sector. (Han et al. 2008). Due
to lack of experience and knowledge of the foreign workers, this will produce
low standard and quality of productivity in construction sector. In addition,
some of them cannot execute the work perfectly based on the instruction given
by their employers and did not have enough practical training in Malaysia or
their origin country. According to Master Builder Association of Malaysia
(MBAM), dependence on foreign workers will give a negative impact towards the
maintained projects. According to Real Estate Housing Developer (REHDA), the
quality is decreasing because of the low-skilled workers and at the same time,
prices of high quality properties is increasing rapidly. The employers face
many problems as the high cost of the legal procedures in hiring foreign
workers, in addition to the long time taken and many requirements by law.

 

Moreover, local community difficult to accept
someone from different culture or ethical motive especially in construction or
manufacturing sector. For instance, if local workers are working together, it
will easier for them to cooperate and understand each other but if an employer
wants to employ foreign worker from another country then the local workers have
to learn the international language which is English (Chitra Reddy, 2016). The
main problem that foreign workers are facing now is language according to Toh.
R. (1993). Company must set up a standard language like English or Malay in
work so that the information is delivered to the workers clearly. The manager
in company must pay attention to their employees like giving them the basic
language class especially for low-skilled foreign workers.

 

3.0 SOLUTIONS TO MINIMIZE THE NEGATIVE IMPACT

Slow process of finding solutions
for such a critical problem might not resolve the social, political, economic
and physical damage that might happen to the country and its citizens, locals
and foreigners. Accordingly, urgent steps should be taken in order to prevent
the problem from widening as it would take years or maybe decades if not solved
immediately.

The main objective of the government is to
distribute wealth among population by improving income and providing
employment, which means that it has the right to control the demand of
industry. The government’s plan is to reduce the number of foreign workers to 1.5
million in three years, if two million foreign workers were put into account,
which means that only 200,000 foreign workers will remain in construction
industry.

 

 

 

 

3.1 LABOR LAW AND IMMIGRANTS
DEFECIENCIES AND SUGGESTED MODIFICATIONS

Contribution of foreigners in the development
of Malaysia had most likely been underpaid, undetermined and manipulated by
employers, most of the laws in Malaysia grants authority and security for
employers more than workers. Although foreigners used to come since early
1970s, formal guidelines started to be introduced only in the early 1990s. Act
1955 limits them from being protected under this law. Most of the foreign
workers have issues concerning wages and welfare, a survey for 40 legal
Indonesians revealed that they all have issues, act of 1995 section two, part
XIIB, act of 1967and act of 1952 were insufficient to provide protection for
legal immigrant workers as they provide the state with the power to terminate
foreign workers in favor of the state’s interest, in section 20 it’s mentioned
that foreigner is not a citizen and that makes most of the laws that should
protect a foreigner inapplicable but it only reduces his rights. participation in trade unions is allowed, however to
join a union you are asked to be a citizen, so it is useless. Also, the disadvantage resulting from the
law could be extended to the educational domain where scholarship grants are
limited to children of parents who are both citizens. So, it is clear that People
labelled as immigrants have to work twice as hard to accommodate to new rules
and regulations in a host country. The government must be able to show that a world-class standard of
employment conditions exists. Having laws that disenfranchise immigrant workers
will only serve to disadvantage Malaysia in the global marketplace, as this
will create new forms of social unrest, including high crime rates, hatred and
violence. Equality of treatment shall be guaranteed
to foreign workers and their dependents regardless of citizenship or residency
requirement.

 

Malaysia was
a British colony from 1824-1956. Many laws were exported from England. Colony.Seidman
(1968-69) and Bailey (1980) argue that most of the laws from the European
countries were designed to control their colonies. Most rules and regulations
reflected the power and priorities of the colonial rulers. In fact, priorities
and privileges remained in the hands of the state even after independence.
Therefore, it is not surprising that the Employment Act of 1955 provides the
state with the power to terminate foreign workers in favour of the state’s
interest. The state determines the contract and can use its discretion to
terminate immigrant workers on the basis of redundancy or unproductive work
performance.

 

Again, in
the case of economic depression, the Employment Act of 1955 Part XIIB 60M
provides job protection for locals and they can cite this section, using the
redundancy argument to terminate foreign employees. Foreign employees are the
first to be retrenched when such measures are deemed necessary to protect the
survival of local industries. However, the statutory language could turn into
manipulation and exploitation. Having a more well-defined labour law would
reduce tension between workers and employers, particularly on the issue of
contract of employment.

 

The law is
designed to only cover injuries arising from and during employment. It is senseless,
but compensation does not include injury as a result of abuse arising in the
course of employment or abuse perpetrated by a third party related to the employer.

 

Act 1955
Section 2, any person who entered into a contract of service in the employment of
any other person including the agent, manager or factor of such a
first-mentioned person, should have the Worker’s Minimum Standards of Housing
and Amenities.

 

The
Malaysian government enforces license suspensions to agencies that have been
identified as failing to conform with the government’s rules. the government
has the authority to black list identified employers with previous or present
records of abuse. All Migrant Workers states that migrant
workers and members of their families should have equal rights and access to
the criminal and civil justice systems. introducing a mandatory unannounced
house visits in any month of a calendar year, to inspect failure or
non-compliance in relation to rest days, overtime, holidays, annual leave and
sick leave. The first interactive telephone hotline was first introduced in
2007.

 

The Malaysian government should impose levies
and change migration policies. During the recruitment of foreign workers,
regulations must include strict rules so that the number of foreign workers can
be reduced. These strategies can create more job vacancies for local workers to
join the construction sector because foreign workers will have to fulfill all
the requirements that has been set by government, so they will prepare
themselves with the required skills which will prevent the negative impacts on
them, finally some of the foreigners may give up and enter another country for
job opportunities.

 

Other than that, strengthen the enforcement
of existing Biometric database system. The objective of this system is to
control the number of foreign workers in Malaysia. They must have their
fingerprint taken and saved in Immigration Database. This can prevent that the
illegal foreign workers to re-enter Malaysia if they were asked to go back to
their origin country or to leave Malaysia if they commit crime. The government
can control the number of foreign workers based on the industry demand.

 

On June 1, 2011 the Ministry of
Home Affairs introduced a biometric program composed of six measures known as
6P, aims to gather data on foreign workers including their places of work,
employers and salaries, with the objective of reducing the numbers of illegal
immigrants as well as social and crime issues that are often linked to them.
Other objectives such as minimizing fraudulent employment offers associated
with human trafficking are also taken into account, New identity card program
was effective on June 1, 2011

Registration: requires all
foreign workers to provide a personal profile such as fingerprints, passport
numbers, date of entry.

legalization: involves procedures
that acknowledge the legal foreigner’s status.

amnesty: is a process that will
endorse the release of penalty of an offense to illegal foreign workers under
certain conditions.

monitoring: a process that
mandates the home ministry to apply a control mechanism that will prevent any
multiple uses of identities.

enforcement: secures cooperation
from police and immigration officials.

deportation: reserved for persons
committing a felony.

 

3.2 THE
ROLE OF GOVERNMENT, INDIVIDUALS AND SOCIETY

The government, Local employers and non-governmental
organizations, independent policy analysts and individuals should take steps to
make equitable working and industrial relations based on economic facts and
social justice. The government should tighten hiring rules of foreign workers,
strengthen national security, implement industrialized Building System (IBS),
utilize the Construction Labour Centre Berhad (CLAB) and Construction Academy
of Malaysia (CAM). If problems still exist, there are
many ways to solve it if the government and local community cooperate to
confront it. Although employing foreign workers have leave many negative
impacts to Malaysia but all parties have to take the stern action so that to
solve the entire problems. There are some solutions to overcome the problems
like Malaysian government impose levies, change migration policies, campaign
influence local workers to join construction and manufacturing industries and
introduce vocational school system.

 

One solution is a vocational school education
system to be review in Malaysia. The basic skills such as wiring, and welding
should be learned by every secondary student so that they will become more
skillful in manufacturing field in the future. Practical exam should be implemented
in vocational course besides written exam. This able to produce more local
workers in construction and manufacturing sector if the Ministry of Education
take the action quickly. Employer can consider local workers who graduated from
professional vocational school compared to low academic qualification of
foreign workers. As a result, the quality of work will be increased and
Malaysia less dependent on foreign workers from neighboring countries. It has
been suggested to set all foreign workers for a simple test, so authorities can
know their attitudes and knowledge about safety and precaution, and whether
they have the good character and enough skills which allow them to work and get
involved in the Malaysian society easily.

 

4.0 Conclusion

There were no legal provisions
which helped in increasing the number of foreign workers, group interviews
showed the insufficiency of the current legalizations, studies might put force
to policy makers to vote for statutory reformation. Economic growth will keep
attracting foreign workers especially in export-oriented companies in
manufacturing section as labor resources are important for any project, but the
point is to organize that process in a well-mannered way to prevent any
negative impacts on locals or foreigners. Jennissen (2007) argues that international
migrations engage four factors acting as causality chains: economic, social,
political and human linkages cause local authorities to play a role in
integrating significant demographic changes toward a better labour market policy.

 

In a nutshell, Construction is an essential
growth enabler because of its linkage with the rest of economy, manufacturing,
professional services, financial services, education and other industries which
leave some impacts on Malaysia. The study shows that employers employ foreign
workers because of it is cheaper than local workers, Malaysian economy grows
rapidly and environment in construction sector. Reliance too much on foreign
workers may cause some impacts like the threatening of the safety of the local
society by uneducated foreign workers, relying on foreign workers will slow
pace in technology advancement, the local community is difficult to accept
someone from different culture or ethical motive. In order to overcome these
impacts, Malaysian government must play some important roles like imposing
levies and changing migration policies, strengthening the enforcement of existing
Biometric database system, and a vocational school education system to be
reviewed. Although employment of foreign workers may leave some problems, we as
local community have to understand the rights of foreign workers and know how
to deal with them and allow them to involve in our society. All parties
including us must take action now so that the negative impacts induced by
foreign workers can be minimized to a lower level. In the future, we wish that
this study about the impact of foreign workers could be applied in order to
minimize the negative impacts and make sure that Malaysians are able to
understand the important of local community in any sector in Malaysia.

 

In the last few decades the mindset of people
all over the world gave the priority to jobs with better economic opportunities
and certain sectors suffered a shortage, such as construction, plantations and
forestry, people deviated from their main role in life which is to worship
Allah and seek peace and a civilized humanity. Instead of doing their role they
searched only for their own benefits regardless of other people, whether this
situation prolonged or ended quickly, the society will collapse and keep being
unbalanced unless we get back to the right track.

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