HRDCorp MicroCredential Initiative

Shared with the permission from Myocho Kan, President, MYKITA, Centre of Integrity, Professional Governance and Advancement. www.malaysiakita.org LIFE Agenda (Lift • Inspire • Fend • Empower)

WITHOUT PREJUDICE

*RATIONALISING HRDC AND EMPOWERING THE KNOWLEDGE INDUSTRY*

Further to the many issues that plagued the coaches and trainers in Malaysia for years, and now the employers, I am perturbed by the scale of damage it could bring to the knowledge industry in specific and the economy in general.

The knowledge industry is very different from the education industry, and so are its approaches and strategies. The intervention by MQA for example, is uncalled for because fundamentally, there is nothing to qualify or qualification-essential is not relevant in the knowledge (or typically training) industry. If MQA is to involve, than the programs and its contents should go through comprehensive verification and validation. Then again, "adult" training and development is an organic skill and knowledge development, unlike academic that focuses on the relevant basics.

If I were to relate that wellness training programs such as beauty, spa and massage are under the jurisdiction of three different ministries, Ministry of Human Resources, Ministry of Tourism and Ministry of Health, you will be surprised! This is the serious state of redundancy that is happening now in Malaysia.

The Micro Credential and the recent 15th June circular (2/2022) have tested the patience of the Professionals. As I had in countless times reminded HRDC and even the former MOHR Minister YB Kula during a forum, HRDC should not treat coaches and trainers as ignorant. The policy for Micro Credential (MC), especially the inspection and assessment requirements are the exact examples how human capital development best practices are treated with utter ignorance. Some of those requirements cannot be implemented and are in direct violation of the common sense and basic human rights ethic.

I have been approached by some people who related to me their predicaments, the latest on a "Reject" and "...no data found..." message sent by HRDC system which was promptly advised to ignore by the officer enquired. For a start, it is unbelievable that the new MC system introduced requires the trainers and training providers (TPs) to key-in again all information when data migration is no rocket science.

This lead to the curiosity how the software house is being selected and if the procurement process is diligently followed. Unnecessary and redundant administrative procedures, added heavy cost of compliance and unreasonable fees imposed on both the trainers and employers, are the brunt of the case. Even the existing eTris system is so unfriendly and cumbersome, a reminiscence of the bureaucratic process that we used to have during the 486 computer era, when even a simple mobile application can do the job better and faster!

The 2/2022 circular imposing a RM300 fee per trainee is simply outrageous, breaching the tolerance level of any sane mind and common sense. One common sense question is, where has all the interest income gone to, generated by a fund size of almost a billion Ringgit by now. The income interest should have easily supported HRDC's operations judging from its manpower size, service promptness, level of digitalisation, etc. At a low 3% interest rate, the income will be a whopping RM30 million per annum! Why is it not enough to the extend that the trainers and training providers have to pay unjustified fees, and yet at the mercy of HRDC's unproductive system and policies? Meanwhile, charging RM300 per trainee is akin to daylight robbery, or should I perhaps put it bluntly, "It is the employees' hard earned money, not your honey pot!"

It seems to me that we have no more avenue as we would all wish to see friendly and constructive policies in place, rather than fake engagement sessions in the pretext of inclusiveness. Many detrimental policies and administrative procedures have resulted in liquidated damages, the basis to our subsequent and last attempt to restore professionalism, the very essence of our Knowledge Industry.

Hence as a last resort, I am in the process of gathering my team of lawyers to analyse the PSMB Act 2001 (and its Amendment 2021) as well as the current function and impression of the Corporation (i.e. HRDC) in contrast and comparison to Section 5 and read in totality of the Act 612 whereas nothing in the Act has such provision for the Corporation to manage, decide, qualify and represent the trainers in Malaysia.

We have no choice but to go back to basic as HRDC seems to be straying away further and further from its original cause and course, resulting in serious repercussions. The locus standi of HRDC to "manage" the trainers does not exist and can be challenged. This shall also read in tandem with other laws that HRDC might have violated, including its own MSA. Thereafter, we might resort to an injunction to set aside all these nonsense and the maintain status quo.

I truly hope we don't have to come to this extend if HRDC is willing to not only talk (because we have already talked till the cows came home) but amend the issues, and revert to status quo as provided by the PSMB Act 2001. In fact, this open sharing is made to express our Professional and affirmative opinion on the whole Micro Credential dysfunction and other system and policy issues, and serves as our heads-up goodwill in hope that HDRC can come to a more effective and productive solution.

I hope HRDC will realise and comes to its senses and fundamentals, otherwise once this is injunction is triggered, there could be more cans opened and laundry washed in the open because the submission of cases may become a floodgate to new revelations to substantiate the legal action. Again, we have no choice.

I expect there be a u-turn soon, and save us all these trouble. We will also be working with MEF, FMM, etc for example as this has now escalated into boundaries beyond their jurisdiction in detriment to the industry and economy as a whole.

Tens of thousands of coaches and trainers out there, and 15 million working adults are the potential victims of these redundant and unproductive policies. Please PM me if you wish to secure your case as I might act as the Counsel for a coming (but hopefully not) Class Action. Anonymity is assured as we will seek the Court's permit to maintain anonymity of the plaintiffs. But I will need a big number of supporters from the fraternity to establish a state of significant grievance for the case or injunction to hold, not to mention the cost of litigation.