WORKERS should be treated with fairness, dignity and equality without distinction, irrespective of whether they are locals or migrants. All forms of exploitative and abusive practices against workers are prohibited by international and domestic legislation. Slavery and forced or compulsory labour is prohibited by the Federal Constitution and the Penal Code.
The growing pace of economic globalisation has seen a hike in the number of foreign or migrant workers entering the country. Malaysia has increasingly relied on them to address its labour shortages, especially in the manufacturing, construction and plantation sectors.
Despite the trend, over the past year, to restrict the number of foreign workers and hire local labourers, foreign workers continue to enter Malaysia in large numbers.
Foreign workers hired legally are accorded equal treatment and have the same working conditions as locals, in line with the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The primary objective of this convention is to foster respect for migrants’ human rights.
The Immigration Act provides, among other things, that the employment of a foreign national must be upon the issuance of a valid employment permit.
The employment permit so issued is only valid in respect of the particular employment and, further, the employer specified therein.
Unfortunately, illegal foreign workers are flooding the labour market and they are posing greater risks to public safety and national security as some are engaged in criminal activities. In certain sectors, they are subjected to physical, verbal or psychological abuse.
Exploitation of illegal foreign workers is not uncommon. Poor and hazardous working conditions, excessive and unreasonable demands, excessive working hours, inadequate rest days, non-payment or low wages, forced labour, child labour, sexual exploitation and verbal or physical abuse are some of the usual grouses of these workers. These are often highlighted by the international media, which tarnishes the country’s image and creates tension between the host and the labour-supplying countries.
Hiring an illegal foreign worker or even harbouring such workers is an offence under the Immigration Act. If found guilty, the punishment is a fine of between RM10,000 and RM50,000.
Where it is proven that the person has, at the same time, harboured more than five of such persons, that person shall be liable to imprisonment for a term of not less than six months but not more than five years and shall also be liable to caning of not more than six strokes.
This country has many illegal or undocumented foreign workers. Many refuse to take up the government’s amnesty offers, which would lead to their repatriation or legalisation, because unscrupulous employers keep hiring them.
Vigorous enforcement of the law is required and employers found guilty of hiring illegal workers should be subjected to maximum fines, imprisonment and caning.
The proposal to raise the fine to RM100,000 and to impose caning for each illegal foreign worker employed is commendable.
This will ensure that legally hired foreign workers do not violate the terms of their contracts by absconding and discourage employers from hiring illegal workers.
PROFESSOR DR ASHGAR ALI ALI MOHAMED
International Islamic University Malaysia