15th Apr 2024: FMT – Permits for Malaysian palm oil giant FGV’s foreign workers renewed, only 549 pending levy payment (response of Malaysian immigration department’s DG following foreign workers serious freedom of movement complaints/allegations)
PETALING JAYA: The immigration department has yet to issue 549 renewed work permits for foreign workers employed by Malaysian palm oil FGV Holdings Bhd, as the department is waiting for the company to settle their levy payments, says director-general Ruslin Jusoh.
Immigration DG Ruslin Jusoh says the remaining permits can be issued as soon as the company and MyEG settle their outstanding issues.
Original Source: FMT by K. Parkaran – 15th April 2024
He said this number was among the 1,787 permits that have been approved, with 1,238 already issued to the workers concerned.
“I am aware that there have been some technical issues between FGV and MyEG, resulting in delayed levy payments. However, I leave this issue to be sorted out by both parties. All in all, everything is progressing smoothly and the remaining applications can be processed immediately, provided (there is) prompt cooperation from FGV,” he told FMT.
The government has appointed MyEG Services Bhd to process online applications for workers’ permits.
Ruslin was commenting on an FMT report last week in which FGV had dismissed claims that 10,000 of its foreign workers have experienced delays in the renewal of their work permits, saying only 2,101 employees were affected.
The agribusiness and food company said the delay was due to a backlog in the immigration department’s processing of applications and the issuance of check-out memos for workers to return home.
NGOs and activist Andy Hall recently claimed that 10,000 passports belonging to FGV workers were being held by immigration pending the renewal of their work permits.
The workers also complained that the company had prevented them from returning home after completing their contracts.
“I deny Hall’s accusation that the department is holding 10,000 passports belonging to FGV’s foreign workers pending approval of the permits. This claim is uncalled for,” Ruslin said.
He agreed that the initial backlog was caused by permits that were not renewed since the implementation of the movement control order during the Covid-19 pandemic.
However, he said that FGV approached the department last June and requested special assistance to resolve this problem, adding that he welcomed such requests and is committed to accommodating the critical need for foreign workers, especially in the plantation sector.
“Through a series of discussions, it became clear to us that the work permits had not been renewed during the MCO. I quickly instructed the relevant director to establish a special task force to handle FGV’s applications,” he said.
Ruslin denied that the department has delayed issuing check-out memos for FGV workers intending to return to their home countries.
“We wish to emphasise that there have been no delays in this matter. It is a priority for the department to process check-out memos as quickly as possible to facilitate the departure of foreign workers from Malaysia,” he said.
Andy Hall’s comment – Interesting to see this important update from FMT media citing the Malaysian immigration department’s DG, coming after last week’s concerning revelations from foreign workers at Malaysian palm oil giant FGV claiming they couldn’t take leave or return home, and that their documents had been confiscated, some for many years.
FGV remains under a U.S. CBP withhold release order (WRO) for forced labour related allegations. See FGV’s response here.
These recent forced labour related claims against FGV palm oil company by its foreign workers are serious limited freedom of movement allegations, also related to alleged document confiscation and isolation. All three issues amongst ILO’s 11 indicators of forced labour.
It now appears the remaining issue here in preventing alleged foreign worker’s freedom of movement seems to be related to FGV’s failure to pay the levy to the government to renew their foreign workers documents, all this outstanding since Covid19.
This seems a very confused and strange reason given by a major conglomerate for why, for up to several years, its foreign workers allege they haven’t been able to leave FGV’s plantations or take leave and return home. Because the company failed to renew their work permits and pay the required levy. This is a very serious issue and these are serious allegations of corporate wrongdoing requiring further detailed investigations.
It’s worth noting (see below website diagram) that almost half of FGV’s palm oil mills and plantations have been certified as compliant with RSPO standards, and apparently 100% certified as complaint with MSPO standards.
This raises an additional important issue regarding the ability of palm oil industry audits to effectively detect serious ILO forced labour indicators relating to limited freedom of movement, document confiscation and isolation, amongst other things.
Was this issue apparently seriously affecting 2,101 foreign worker’s freedom of movement on FGV’s remote palm oil plantations detected by the auditors and these audits or not? Were any of the mills and plantations certified also having these issues of workers with limited freedom of movement? This requires a detailed investigation, questions and answers from and to both RSPO (and its global membership) and MSPO, as well as the Malaysian government and FGV.
Elevate/LRQA also continues to be an advisor to FGV here, and it’s also a question to them then required an answer as to whether Elevate’s Suara Khami hotline detected these issues or not, and if so, why the issue wasn’t detected and rectified earlier than this.
For more background see below 6th April 2024: FGV says only 2,101 foreign workers experienced delays in permit renewal – FGV foreign workers complain they cannot resign or go home, but FGV management blames Malaysian immigration department for delays post COVID-19
6th April 2024: FGV says only 2,101 foreign workers experienced delays in permit renewal – FGV foreign workers complain they cannot resign or go home, but FGV management blames Malaysian immigration department for delays post COVID-19
By Andy Hall / 06/04/2024 / 3 minutes of reading
6th April 2024: FGV says only 2,101 foreign workers experienced delays in permit renewal – FGV foreign workers complain they cannot resign or go home, but FGV management blames Malaysian immigration department for delays post COVID-19
The agri-business and food company blames a backlog at the immigration department for the delay
Original Source: FMT by K. Parkaran – 6th April 2024 (available at HERE)
PETALING JAYA: FGV Holdings Bhd has dismissed claims that 10,000 of its foreign workers have experienced delays in the renewal of their work permits, saying only 2,101 employees were affected.
The agri-business and food company said the delay was due to a backlog in the processing of applications and the issuance of check-out memos by the immigration department for workers to return home.
“FGV is working closely with the immigration department to expedite the renewals and issuance of check-out memos.
“We expect to resolve it by the fourth quarter of this year. This delay is the leading cause of why affected migrant workers were not able to return home for vacation,” FGV told FMT.
FGV also denied retaining the passports and personal documents of its workers, saying employees are given individual lockers for the safekeeping of these papers.
“Passports are taken temporarily when required for official processes such as work permit renewals, and this is done with the workers’ written acknowledgement,” it said.
NGOs and activist Andy Hall recently claimed that 10,000 passports belonging to FGV workers were being held by immigration pending the renewal of their work permits.
The workers also complained that the company had prevented them from returning home after completing their contract.
The workers, mostly from India and Bangladesh, said they have worked in Malaysia for about five years and have not returned home to see their families since reporting for work.
FGV said workers are entitled to terminate their contracts at any time to return home.
“The process involves obtaining a check-out memo from the immigration department, which is subject to their processing capacity and can result in some delays. FGV also engages regularly with the authorities to address the matter,” it said.
It also denied claims by the workers that the “Suara Kami” complaint mechanism was ineffective and lacked confidentiality.
It said the app empowered workers to submit their grievances in their preferred language either through voice recording or text message, and allowed the option of anonymous submission.
“We have established multiple channels for workers to raise concerns, including an app, hotline and direct communication options. All grievances are investigated by our grievance management department following our policies and SOPs,” it said.
FGV also said that it took Hall’s allegations seriously, especially those concerning its labour practices.
“We are dedicated to upholding human rights and adhering to labour standards,” it said.
See also: FMT 15th Apr 2024: Permits for FGV’s foreign workers renewed, only 549 pending levy payment
