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Freedom of 20112 Case Country: Freedom of Association Document: The complainant alleges that the Government refuses to allow migrant domestic workers to establish organizations to defend their interests. The Government submitted its observations in a communication of 29 October In its communication 19555 10 Aprilthe complainant states that foreign domestic workers are the most marginalized group of migrants in the country: The complainant states that migrant workers are entirely at the mercy of their employers and have no access to mechanisms for their protection, leaving them vulnerable to violence and abuse.
The complainant indicates that following several widely reported cases of abuse of Indonesian domestic workers, it decided to organize domestic workers by registering an association of domestic workers under the Societies Act. The aims and objectives of the association were to obtain reasonable wages, hours of work and other conditions of employment; to promote a spirit of mutual respect and pindaa between the association and employers; to aid domestic workers in investing their earnings; and to organize educational activities and professional trainings on skills, safety, and the labour law.
The complainant further states that it held an inaugural meeting, formed a committee, drafted a constitution and submitted the requisite documents for registration of an association of migrant domestic workers to the Registrar of Societies on 8 May On 23 Julythe Registrar rejected the application without providing any reason pindaaan doing so.
With respect to migrant workers in general apart from migrant domestic workersthe complainant states that pekerjaann Department of Trade Union Affairs has ruled that they may join trade unions representing other workers at their respective enterprises.
However, the work permits issued by the Immigration Department stipulate, as a condition of employment, that migrant workers may not join a “persatuan”, or association, which is interpreted by employers to also mean a “kersatuan” – or trade union.
Most employers consequently prevent migrant workers from joining trade 1955. In this regard, the complainant annexes copies of an employment contract pekerrjaan it is stipulated that the migrant worker shall not participate in any activity connected with a Malaysian trade union. Furthermore, migrant workers supplied by labour contractors are not treated as employees of the workplace where they physically work and therefore may not join a trade union, and, since unions are only permitted to organize workers employed within similar industries or at the enterprise level, migrant pekefjaan employed by labour suppliers cannot join any of the existing trade unions in the country.
In its pekerjasn of 29 Octoberthe Government 2021 that the rights of foreign workers, including their right to join a trade union, are protected under the same law that applies to all workers – the Employment Act, pkerjaan, the Industrial Relations Act,and the Trade Unions Act, However domestic workers, whether foreign or local, are exempted from pindaaan scope of the Employment Act.
As concerns the 23 July rejection of the complainant’s application by the Registrar of Societies, the Government states that the Registrar reached its decision for the following reasons: The Government indicates that all applications before the Registrar of Societies are referred to other agencies, including the Royal Malaysian Police, for further recommendation, in order to ensure that the national interest is ensured.
Furthermore, regular meetings and workshops are conducted, in concert with the social partners, in order to improve the existing policies to promote decent work for all – including foreign domestic workers.
To date more than 20 meetings have been held between the Government and the social partners on labour issues, including those pertaining to migrant workers. The Committee notes that the present case involves allegations of the refusal of freedom of association rights to migrant workers, including migrant domestic workers, in law and in practice. The complainant alleges, firstly, that various stipulations in the labour legislation lead to the effective exclusion of migrant workers from its coverage.
In particular, the complainant asserts that, while the Department of Trade Union Affairs had ruled that migrant workers may join trade unions representing other workers at their respective enterprises, the work permits issued by the Immigration Department stipulate, as a condition of employment, that migrant workers may not join a “persatuan”, or association, which is interpreted by employers to also mean a “kersatuan” – or trade union.
In addition, since migrant workers supplied by labour contractors are not treated as employees of the workplace where they physically work, they are unable to join any of the existing trade unions in the country – which may only organize employees within similar industries or at the enterprise level.
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Moreover, the right to organize has been further obstructed for migrant domestic workers who are excluded from the minimum working 0212 set out in the Employment Act and who have recently been denied the exercise of their organizational rights due to the refusal by the Registrar of Societies to register the newly created association for migrant domestic workers that had been constituted by the Malaysian Trade Union Congress MTUC.
The Oindaan notes the Government’s ppindaan that the freedom of association rights of migrant workers are protected under the same laws that apply to all workers – the Employment Act,the Industrial Relations Act,and the Trade Unions Act,while domestic workers, whether foreign or local, are excluded from the Employment Act. In this regard, migrant workers would, according to the Government, be guaranteed the right to form and join a trade union under the Trade Unions Act.
The Committee recalls, however, that in previous cases concerning Malaysia spanning nearly 20 years, the Committee has commented upon a number of fundamental deficiencies in the legislation and, in particular, recommended that the Trade Unions Act and the Industrial Relations Act be amended so as to bring them into conformity with freedom of association principles.
The serious matters previously highlighted pindaab, in particular: As for the more pekefjaan allegation relating to the refusal to register the association of migrant domestic workers, the Committee notes the Government’s reply that: The Committee recalls that Article 2 of Convention No.
On numerous occasions, the Committee has interpreted this right to include migrant workers and has further stated that domestic workers are not excluded from the application of Convention No. The Committee has further emphasized that all workers, without distinction whatsoever, 1595 they are employed on a permanent pindaam, for a fixed term or as contract employees, should have the right to establish and join organizations of their own choosing Digest, pindaqn.
The Committee considers that the arguments put forward by the Government to explain the Registrar’s refusal to register the association of migrant domestic workers can in no way justify the denial of the fundamental right to organize these workers. The Committee therefore expects that the Government will take the necessary measures, including legislative if necessary, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organizations of their own choosing.
It further requests the Government pekerjaxn take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights. It requests the Government to keep it informed of the progress made in this regard. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:.
The Committee expects that the Government will take the necessary measures, including legislative if necessary, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively pekerhaan the right to establish and join organizations pindan their own choosing. Posted by WH4C at 3: We, the undersigned 89 trade unions, civil society groups pinadan organizations object to the actions of the government of Malaysia in destroying direct employment relationship between the principal, as employer, and their workers, as employees, with the latest amendments to the Employment Act The government re-introduced the Bill with minor changes in June vide Bill No: We would like to address just one of several aspects of the new amendments that is the main bone of contention, i.
The Act also did establish two very important principles of law which are considered sacrosanct to this day. They are, security of tenure — ensuring permanence of employment, and proprietary right to the job — where pkndaan of worker, shall be only with just cause and excuse and by due process.
The employment scenario in the country began to change in the early s. In the government allowed migrant workers for the construction and plantation sector.
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pekerjaan Init was extended to manufacturing and service pindaqn and restaurants sectors and init was extended to all sectors. The issuance of these outsourcing licenses was strangely done by the Ministry of Home Affairs pekerjan, not the Ministry of Human Resources. There are today about registered labour outsourcing companies in the country today. The Star, Feb It opened doors resulting in a direct assault on the basic foundation of labour rights, the undermining dignity of labour, perpetuating the establishment and operation of dehumanized and bonded labour.
The practice, which started with migrant workers, was then extended to local workers. These outsourcing companies recruited local workers and migrant workers, some on fix term contracts, with terms and conditions usually less favourable than that of workers directly employed by principals.
The incidence of principals using workers supplied by outsourcing companies is growing. T pdkerjaan principal company pays the outsource company an agreed sum of money for the number of workers supplied, whether they be local or migrant workers. This practice also saved principal company money that would have ordinarily been expended for workers like peekrjaan cost, insurance, bonus, wage increments, retirement benefits, transportation and accommodation, service awards, and several other benefits.
It also allows them to evade statutory contributions to the Employees Provident Fund and for social security schemes. The principal company also evades all obligations and safeguards in law when workers are hired or terminated, including domestic inquiries and lay-off and termination benefits.
If the principal wants to now get rid of workers, it now merely have to inform the outsource company. These outsourcing companies have been allowed to operate outside the law with no law regulating them. Investors do not want unions to be formed in their establishments. The creation of this new sub-class of workers, who are not considered employees of the principal, also jeopardizes existing employment relationship between the principal and their current worker-employees, likewise the relationship with their trade unions.
Trade unions are being weakened, and their bargaining powers for better rights and benefits for workers are slowly eroding by the increasing presence of workers who are not employees of the principal, and also by the loss of security of tenure ;indaan by short-term contracts. Outsourcing of work is when principal employer outsources some specified work or operations which are not their core operation, to another company who carries out the work for the principal using their own employees under their own control and supervision.
This outsourcing of work is legal, and the workers of those who are doing outsourced work are protected by the Employment Act. The principle of equal pay for equal work is thus breached. The MOHR Minister, in an attempt to placate the MTUC, trade unions, civil society groups and workers issued an exemption order, effective April 1 stwhich, amongst others, stated: The exempted sections referred to in the said Order merely dealt with ancillary matters like registration of employees when supplied to principal and priority of debt.
All workers that work under the control and supervision of the principal must be the employees of the said principal not some third party. The contractor for labour and their practices should not be allowed in any sectors including the plantation and agricultural sector.
We call for the abolition of precarious employmentand for retention of a just 2-party employment relationship between principals and workersand for the respect of worker and trade union rights.
Akta Pekerjaan 1955 Bahasa Melayu Pdf
For and on behalf. Communication Workers Union Victoria,Australia.
Future In Our Hands, Norway. Garment and Allied Workers Union, India. Labour Behind the Label, UK. National Hazards Campaign of UK. Thai Labour Campaign, Thailand.
Think Centre — Singapore. Workers Assistance Center, Inc. Yokohama Action Research Japan. Clean Clothes Campaign, the Netherlands. Posted by WH4C at 1: Tarikbalik pindaan kepada Akta Kerja Kami, 90 kesatuan sekerja, kumpulan masyarakat awam civil society groups dan pertubuhan yang bertandatangan di bawah membantah tindakan kerajaan Malaysia menghancurkan perhubungan pekerjaan employment relationship terus di antara prinsipal sebagai majikan, dan pekerja workers mereka selaku pekerja employee melalui pindaan terbaru Akta Kerja Kongres Kesatuan Sekerja Malaysia MTUCyang mewakili bukan sahaja lebih kurangpekerja pekedjaan menjadi ahli kesatuan, tetapi juga lebih daripada 12 juta pekerja di Malaysia, telah dengan keras dan secara konsisten menentang pindaan tersebut sejak mula dicadangkan dan dibentangkan di Parlimen melalui Bill No: Tetapi pada Junkerajaan telah membentang semula Rang Undang-Undang ini, hanya dengan sedikit perubahan, melalui Bill No: MTUC telah membantah dengan kuat dan juga telah berpiket di Parlimen pada 3hb Oktobertetapi walaupun terdapat bantahan keras daripada berbagai pihak, Rang Undang-undang kontroversial ini telah diluluskan di Dewan Rakyat pada 6hb Oktoberdan telah akhirnya mulai berkuatkuasa pada 1hb April Akta itu juga pekerjaab mengwujudkan dua princip undang-undang yang masih hingga hari ini dianggap sangat penting.
Ianya adalah jaminan pemilikan kerja security of tenure — yang memastikan kerja tetap, dan hak proprietari kepada kerja proprietary right to the job — dimana, antara lain, pembuangan kerja seseorang pekerja harus dilakukan hanya atas alasan atau sebab wajar just cause and excuse dan melalui pinadan wajar due process.
Hakikat kerja negara ini mulai berubah pada awal an. Padakerajaan telah membenaran pekerja migran untuk sektor pembinaan dan perladangan. Padaini telah dilebarkan kepada sektor pembuatan manufacturing dan perkhidmatan hotel dan restorandan pada tahunianya dibenarkan untuk kesemua sektor.
Ia membuka pintu yang menyebabkan serangan terus kepada asas hak pekerja basic foundation of labour rightsmelemahkan martabat buruh dignity of labour pekerrjaan, mengalakkan pembentukan dan operasi kerja terikat dan tidak berperikemanusian perpetuating the establishment and operation of dehumanized and bonded labour. Realiti ini yang bermula dengan pekerja migrant, kini sudah merangkumi pekerja tempatan. Secara berkesan, syarikat prinsipal dapat mengelak daripada tanggungjawab dan obligasi majikan untuk memastikan hak dan kebajikan pekerja-employee mereka.
Cara ini juga menjimatkan syarikat prinsipal wang yang biasanya akan dibelanjakan untuk pekerja-employee mereka untuk kos perubatan, insuran, bonus, kenaikan gaji, faedah pencen, pengangkutan dan penginapan, awad perkhidmatan dan lain-lain faedah kerja.