Kathmandu. The process of sending new workers to Malaysia, the main foreign employment destination of Nepali workers, has been affected since the dispute regarding the selection of the manpower company involved in the recruitment process could not be resolved. The process of issuing calling visas has also been disrupted along with the suspension of the health examination (biomedical) of new workers.
Malaysia has stopped the biomedical process of new workers since last October 15th. The conflict between Nepal and Malaysia has increased after Westinet Company, which is responsible for operating Malaysia’s Foreign Worker Centralized Management System (FWCMS), implemented a new recruitment system.
Malaysia has introduced an arrangement to recruit workers through 25 main manpower companies of Nepal and their 250 subsidiary companies. However, the government of Nepal has disagreed with the arrangement saying that the selection process will not be transparent when only limited companies are given the opportunity to send workers.
Earlier, there was an arrangement to proceed with the visa process of workers after the health examination report was released from the listed 36 health institutions of Nepal. As the two countries could not agree on the implementation of the new system, the new workers who are preparing to go to Malaysia are confused.
Although there are more than 800 licensed manpower companies in Nepal, Malaysia has put forward a system to allow only 25 main companies to participate in the recruitment process. The government of Nepal has objected to the structure where each main company has 10 subsidiary companies. According to Meera Acharya, Spokesperson of the Ministry of Labour, it should be clear on the basis of which criteria and evaluation system the selected companies are determined. She said that the main concern of the government is to make the recruitment process transparent and fair.
The government of Nepal has been maintaining the position that all legitimate manpower companies should be given the opportunity to send workers to Malaysia on the basis of competition. According to the ministry, the government is positive to develop a recruitment system acceptable to both countries in accordance with the Constitution of Nepal, existing laws and the Nepal-Malaysia labor agreement.
Malaysia’s Labor Minister Ramanan Ramakrishnan sent a letter to Nepal’s Labor Minister Ramji Yadav on October 6 and made it clear that he would not back down from the decision to implement the new recruitment system. Malaysia has maintained the position of continuing the system of recruiting workers through 25 main manpower companies and their subsidiaries. Nepal has been demanding that all licensed companies should be given an opportunity and the selection process should be transparent. As both countries maintained their positions, the dispute could not be resolved immediately. This has a direct impact on the health examination and visa process of new workers.
Diplomatic initiatives for dispute resolution
To resolve the dispute, the Ministry of Labor has proposed a joint technical committee meeting consisting of officials from the two countries. The Ministry has proposed a date to hold the meeting on November 18-19 or December 2-3. Spokesperson of the ministry, Acharya, said that the dialogue between the two countries has not ended with the letter coming from Malaysia. According to him, efforts are being made to solve the problem through diplomatic means.
The government has said that it will not compromise on the long-term interests of the workers and will continue its initiative for a transparent recruitment system. However, until an agreement is reached between the two countries, it is not certain when the employment process in Malaysia will be regular for new workers.
25 Department’s investigation into manpower companies
While the diplomatic dialogue with Malaysia is progressing, the Foreign Employment Department has started monitoring and investigating 25 manpower companies selected in the FWCMS. The department has taken permission from the Foreign Employment Judiciary and has issued an arrest warrant against the director of the relevant company. A warning has also been given that if he does not attend within the specified 35 days, the legal process of freezing his bank account and banning foreign travel may proceed.
The Supreme Court has ordered the immediate release of foreign employment businessman Ravin Gurung, who was arrested in this case. The joint bench of Judges Hari Prasad Phuyal and Tek Prasad Dhungana held that the action of extending the deadline by taking the arrest permit when the Foreign Employment Tribunal did not have the right to hear the case of the related offense was found to be without jurisdiction. Gurung’s Manpower Company Trust is one of the 25 companies listed by Nepal Malaysia. The order of the Supreme Court was issued in the case of Gurung.
According to Navraj Dhakal, director general of the department, monitoring of the companies has been started as per the legal procedure by appointing an investigation officer. He said that if there is any violation during the monitoring, action will be taken according to the law.
Dhakal clarified that since the letter from Malaysia is a diplomatic matter, the ministry is taking initiatives regarding it and the department will continue to fulfill its regulatory and investigative responsibilities.
Thus, on the one hand, diplomatic efforts are being made to resolve the dispute between the two countries regarding the recruitment system, while on the other hand, a legal investigation has been initiated against the related manpower company within Nepal.
Malaysia has been a major foreign employment destination for Nepali workers for a long time. According to the Department of Foreign Employment, in the last decade, 1 million 6 thousand 23 people have received work permits for Malaysia. If the new recruitment process is affected in the destination where such a large number of Nepali workers are involved, it seems that the time and financial plans of the workers waiting for employment will be affected. Workers who have completed the necessary procedures for employment are facing confusion as to how long they will have to wait to go to Malaysia.
According to the department, it is said that the current disruption will not affect the workers who are working in Malaysia and have come to Nepal on vacation. The current problem mainly focuses on the recruitment of new workers and their process.
Malaysia has taken a stand to implement a new recruitment system, while the Nepal government is looking for transparency in the selection process of limited manpower companies. Nepal has been saying that all legitimate companies should be given an opportunity to compete. This dispute is not limited to the choice of manpower company.
How transparent the recruitment process is, how workers are protected from possible fraud, and how arrangements are made to prevent unnecessary financial burdens on citizens going abroad for employment are equally important.
As the dispute between the two countries continues, it has a direct impact on the Nepali workers who are waiting for new jobs. Therefore, resolving the dispute through diplomatic dialogue and implementing a transparent, fair and labor-friendly recruitment system has become a challenge for both governments. The issue of when Malaysia employment will be regular depends on the agreement between the two countries and its implementation. Until an agreement is reached, the process of going to Malaysia for new workers is seen to be uncertain.