The Malaysian Insight

EMPLOYERS must obey labour laws or Malaysia risks American sanctions under the influential annual Trafficking in Persons (TIP) report, Human Resource Minister M. Kulasegaran said.

Malaysia is on the Tier 2 watchlist, meaning more trafficking victims and failure to prove efforts to fight human trafficking from the previous year.

Slipping to Tier 3 for not meeting the minimum standards will result in sanctions against Malaysia, he said, pledging that Malaysia will wage a war against human trafficking, forced labour or modern slavery.

“If any factory is alleged to have engaged in forced labour, its products will be disentitled for the time being from entering the US market.

“Once the US imposes this, many other Western nations will follow suit,” he said in Penang today, where he attended the Responsible Business Alliance (RBA) regional forum on forced labour.

He raised the concern after reports of some Malaysian employers admitting to violating labour laws, such as getting their staff to work exceeding the overtime limit.

“This is a serious matter, beyond a labour issue. Imagine not being able to export our goods.”

The ministry will look into charging errant employers soon with violating labour laws, he said.

Earlier this month, a glove maker allegedly failed to pay overtime, made unfair pay cuts and imposed wrongful working hours on staff during break and public holidays.

“Investigations into another 10 companies are in the final stages. The necessary charges will be brought against them,” he said, adding that they were local employers, with some from the manufacturing sector and public-listed.

Kulasegaran acknowledged that the lack of enforcement officers contributed to the problem but said the ministry is looking at ways to overcome its manpower shortage.

Meanwhile, RBA had models that could be studied and considered for implementation in Malaysia, he said.

The report on foreign worker management, which contains recommendations on recruitment and policies, is completed.

Malaysia is one of the receiving countries for foreign workers in Southeast Asia. Many migrant workers here come from Cambodia, Vietnam, Bangladesh, Sri Lanka, Nepal, Indonesia and India. 

He added that the ministry is amending seven labour-related laws in the Parliament sitting next month, if they are approved by the cabinet.

The acts are the Employment Act 1955; Labour Ordinance (Sarawak Chapter 76); Labour Ordinance (Sabah Chapter 67); Occupational Safety and Health Act 1994; Industrial Relation Act 1967; Trade Union Act 1959; and the Workers’ Minimum Standards of Housing and Amenities Act 1990.

The Children and Young Persons (Employment) Act 1966 was passed earlier in October last year. – February 12, 2019.