PETALING JAYA: Independent monitoring by civil society groups and international bodies is crucial to ensure direct hiring systems protect foreign workers as exploitation could persist otherwise, stakeholders warn.
Tenaganita executive director Glorene Das said independent monitoring partners involved in ethical recruitment could help ensure accountability and assess whether the system effectively protects workers on the ground.
“Independent monitoring is necessary.
“Bodies such as the Human Rights Commission of Malaysia (Suhakam) and the International Labour Organisation (ILO) can help determine whether direct hiring is truly effective and whether it genuinely eliminates exploitative middlemen and traffickers.
“Equally important are accessible grievance mechanisms, such as existing labour complaint channels,” she said.
She, however, said many workers were unaware of these mechanisms, and employers or recruitment agents do not always share this information, often out of fear of being reported or blacklisted.
“As such, grievance mechanisms must be genuinely accessible to workers, otherwise, exploitation may simply shift from agents to other actors within the system,” she said.
Das said many employers still do not fully understand immigration laws or labour standards, including contractual obligations, accommodation requirements, occupational safety and dispute resolution.
As a result, they continue to rely heavily on agents because the recruitment and compliance system remains complex, with processes such as work permit renewals often handled by third parties, she added.
“For direct hiring to work effectively, both sending and receiving governments, such as Malaysia and Indonesia, must provide clear guidelines, capacity-building for stakeholders and standardised contracts,” she said.
Labour expert and National Association of Human Resources Malaysia president Zarina Ismail said any shift towards direct hiring of migrant workers must be backed by strong bilateral agreements, transparent digital systems and strict enforcement, as weak coordination between sending and receiving countries risks perpetuating exploitation.
She said some source countries prefer an agency-to-agency recruitment model, citing the Philippines and Indonesia as examples, as it allows authorities to easily identify and hold agencies accountable in cases involving unpaid wages, welfare issues or emergencies.
While supporting direct hiring in principle, Zarina said eliminating middlemen alone would not end exploitation.
Without strong systems in place, exploitation can continue or shift elsewhere, she added.
“Direct hiring can work, but only if it is supported by clear systems, monitoring and enforceable safeguards,” she said.
