59 Firms to Be Charged for Improper Worker Housing Under Act 446
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The Human Resources Minister, M. Saravanan, said that the authorities will bring 59 employers to court for various offences under the Workers' Minimum Standards of Housing and Amenities Act 1990 (Act 446).
Some of the alleged offences are:
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Unsuitable living conditions,
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Failure to provide basic amenities such as beds and mattresses,
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Failure to provide separate units for women,
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Failure to provide sufficient bathrooms.
The minister stated that many of the offenders were from factories making furniture and rubber gloves and factories in the manufacturing sector.
The Human Resources Ministry had investigated 3,452 organisations employing 101,726 personnel between Sept 1, 2020, and Jan 31, 2021.
Saravanan said that the ministry had opened about 124 investigation papers. The ministry had referred 115 of them to the deputy public prosecutor, with 70 to be brought to court soon.
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Act 446 prescribe the minimum standards of housing for workers.
He said that if convicted, the court will fine these employers up to RM50,000 for each offence.
The minister also said that under the Emergency Ordinance, the Human Resources Ministry has the power to instruct employers and those who provided accommodation to replace and repair facilities that did not adhere to Act 446.
If they fail to do so, they could receive an RM200,000 fine or a maximum jail sentence of three years or both.
Saravanan also said that under the Emergency Ordinance, the ministry had inspected 3,256 employers throughout the enforcement of Act 446. It has opened eight investigation papers, and the authorities will issue compounds to those employers.
Act 446
In 2020, M. Saravanan cautioned employers that the government would not hesitate to take action against any employer who failed to adhere to the amendments of Act 446.
The amendments came into force on June 1, 2020, requiring employers to provide enough space for workers' accommodation, basic facilities and safety and hygiene standards.
Based on the amendments, the Labour Department's director-general also has the power to issue instructions to property owners to alter, replace or repair accommodations that do not adhere to Act 446.
The director-general can also immediately transfer workers from "overcrowded and uninhabitable" facilities to temporary accommodation set up by the department.
Source: Free Malaysia Today
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