GreenWatch NewsDesk
The Malaysian Migrant Workers Right to Redress Coalition has recently prepared a set of recommendations for the preparation of a comprehensive national poolicy on labour migration in their country. The recommemndations are based on consultations with stakeholders organised by the coalition from August to October 2016. Migrant workers’ communities from Nepal, the Philippines, Cambodia and Indonesia joined the process, according to a message received from Malaysia.
A scrutiny of the recommendations show that there are many things that are common also in Bangladesh, and the authorities responsible for dealing with specially the huge migrant workers of Bangladesh can bebefit a lot in preparing such a national policy in Bangladesh. The recomendations are reproduced here in original form.
1. RECRUITMENT
Ministry In Charge: Only one ministry, the Ministry of Human Resources, should manage all matters related to recruitment, employment and welfare of migrant workers from beginning to end. (11MP)
Recruitment numbers
Recruitment should be determined by actual manpower needs based on transparent need assessment and the principle of complementing the local workforce and taking into account other existing and available sources of labor. (ILMIA*)
A proper manpower needs assessment should recognize and include undocumented labor as part of the existing workforce. It should also include refugees who should be formally given the right to work.
Recruitment should be guided by the 11th Malaysia Plan policy to cap the dependence on migrant labor at 15% of the total workforce by the year 2020. (11MP)
Recruitment mechanism
Adoption of the G to G (government to government) mechanism for all recruitment and management of migrant workers without any element of profiting. Total abolition of private agencies involvement in the entire process of migrant labor management (private recruitment agencies, labor supply contractors, and labor outsourcing companies) (11MP)
Recruitment fees
Zero recruitment fees charged to workers; all fees covering recruitment, visa, levy, health insurance and fare to be paid by employers. (11MP)
Recruitment costs to be kept down by requiring only one medical report from a reputable medical institution in the home country.
Pre-Departure and Reintegration Training (Post-Employment)
Comprehensive pre-departure training must be done by relevant government body, unions, or CSOs and should cover understanding of the contract, worker’s rights, safety and health, and local culture. Pre-departure training should be a free service to citizens.
Training should be conducted for workers returning home prior to their completion to prepare for their reintegration into their society.
Employment Contract
There should be strict enforcement of standardized employment contract based on International Labour Standards, in the language of the worker, attested by the respective diplomatic mission.
*ILMIA or the Institute of Labour Market Information and Analysis, is an institute set up under the MOHR (Ministry of Human Resources) and tasked with carrying out labour market studies and projections, including estimating the supply and demand of labour by occupation and sector from 2015–2030.
HEALTH
Healthcare is a basic right, and should be equally accessible to all who reside in Malaysia without exception.
1. Mandatory Insurance
Enforce both mandatory health Insurance coverage under the Workmen’s Compensation Scheme and SPIKPA (Foreign Workers Hospitalisation & Surgical Scheme).
2. Access to Healthcare for All
All government and public health facilities should provide medical care, treatment and disease prevention measures to all migrant workers regardless of whether they are documented or undocumented. Hospitals should not be tasked with reporting undocumented workers to enforcement agencies.
3. No Discrimination in Medical Charges
All migrant workers should be able to access the lowest medical charges imposed by hospitals on citizens. There should be no discrimination between migrants and citizens in the charges imposed. If necessary, the RM2 billion levy collected from migrant workers annually can be utilized.
4. Health Education
Health education for migrants and refugees should be jointly undertaken by government and embassies. Community health workers drawn from migrant workers and asylum seekers
communities could be enlisted to carry out health education, and very simple primary health care work among the communities of refugees, asylum seekers, and migrant workers.
5. Safeguarding Physical and Mental Health of Workers
Prohibit long working hours and irregular shift work which have very negative effects on the physical and mental health of migrant workers which in turn affects their productivity and safety.
6. No Restrictions on Reproductive Rights
There should be no restrictions on the reproductive rights of migrant workers as it is unrealistic, against human rights, and as it leads to neglect of the reproductive health of workers and the use of risky informal medical procedures.
7. Free Protective Equipment
Employers must provide personal protective equipment to workers for free in working environments with high risk.
UNDOCUMENTED WORKERS
1. Consistent enforcement of existing laws including immigration act, passport act, and employment act to stop employers, recruiting agents, and others from depriving migrant workers of their documented status with impunity.
2. Programs to legalize or rehire undocumented workers should be handled by government (Ministry of Human Resources) without involving private entities, and should be designed to enable workers to come forward freely to register.
3. Genuine assessment of the actual number of undocumented workers in the country must be done and a database created to monitor status of worker from arrival, employment period, to departure.
4. Allow change of employer for occupations, such as in the construction sector, that are project based and entail frequent change of employer, so as to stop documented workers losing their status.
5. Ensure right to redress that will enable workers to keep their documented status pending resolution of disputes at the labour department or civil court.
LABOUR
1. Strict enforcement of labour laws as per the Employment Act:
i. 8 hours work per day, inclusive of rest hours, with total work hours, including overtime not exceeding 12 hours per day.
ii. Overtime should be optional, not forced, with a maximum overtime of 4 hours per day.
iii. 1 paid rest day per week which workers should be free to use as they wish.
iv. Minimum wage should cover all workers, migrant and local
v. Detailed monthly salary slip to be provided to workers
vi. Monthly deductions should be shown in pay slip
2. Sufficient checks to ensure that employers do not pass off costs (recruitment related or housing, transport or levy) onto migrant workers or recover them by making unlawful deductions
3. Strict implementation of the right to redress, allowing workers to report labour abuses without fear of dismissal, and allowing dismissed workers to stay on and work for other employers while awaiting resolution of disputes at the courts. The right to redress should be completely managed by the MOHR, and not the Immigration Department.
4. Enact legislation for Domestic Workers separate from the Employment Act that clearly regulates the scope of work and responsibilities of employee and employer, working hours, terms and condition, rights, lodging facilities etc
5. There must be maximum implementation of existing mechanisms of labor inspection.
6. Migrant workers right to join unions should be enforced, and not just remain a paper right.
SOCIAL SECURITY
1. Migrant workers should be covered by the Social Security Act (SOCSO) with certain adaptations as it gives a much higher and fairer compensation for accidental injury and death compared to the provisions under the FWCS.
2. A mandatory portable pension scheme similar to the EPF with contributions from migrant workers and employers should be established. It should be part of a multilateral agreement among source countries and Malaysia, and should be operated by the
respective embassies with the cooperation of the Malaysian government.
3. Retrenchment fund scheme for laid-off migrant workers.
ARREST AND DETENTION
1. Enforce Passport Act to ensure migrant workers hold their own passports, and employers/agencies withholding migrant workers passport are brought to task.
2. Combat corrupt practices and misconduct of law enforcement officials (immigration officers, police, RELA) to prevent unwarranted arrest and detention.
3. Decriminalize undocumented status by imposing alternative penalties to the current detention and mandatory whipping for immigration offence in migrant labour employment.
HOUSING
1. Housing standards should follow norms set by organisations such as the ILO whose guidelines are adequate and decent housing, and a suitable living environment, with emphasis on health and safety, adequate ventilation and lighting and affordability.
2. Housing standards should be applicable to all workers, including construction workers, and enforced by the Human Resources Ministry.
3. All housing for migrant workers, including those within municipal councils should come under the jurisdiction of the labor department.
4. Migrant workers should not have their freedom curbed or be “policed” in the accommodation centers except to ensure their safety.
5. Domestic Workers should be allowed the option of staying in their own housing away from their employers’ homes.
Source: Executive Director, North South Initiative, [Malaysian Reg. No. 002073242-X], A-2-7 Pusat Perdagangan Seksyen 8, Jalan Sg Jernih 8/1, 46050 Petaling Jaya, Selangor, Malaysiavia via Migrant Forum in Asia List Serve
