7 Out of 10 Employers Did Not Provide Proper Worker Housing
Are You Hiring?
Find candidates in 72 Hours with 5+ million talents in Maukerja Malaysia & Ricebowl using Instant Job Ads.
Hire Now
The Labour Department's (JTK) inspections found that about 10,961 or 73.9% of employers did not comply with the Workers' Minimum Standards of Housing and Amenities Act 1990 (Act 446). The checkups took place from February 1 to April 15, 2021.
According to Deputy Human Resources Minister Datuk Awang Hashim, the JTK has carried out inspections on 14,835 employers across Malaysia, which covered 95,870 employee accommodation units.
He said that 3,874 (26.1%) of all inspected employers met the criteria as others failed to comply with the act. The department also inspected 616,216 workers. 572,518 of them were foreign workers, while the other 43,698 were local workers.
The minister said that the JTK had opened a total of 625 investigation papers covering various offences, including:
- Non-compliance with local authority (PBT) laws,
- Accommodation not certified by the Director-general of JTK, and
- Not providing rest and dining areas to workers.
.jpg)
Majority of employers failed to comply with Act 446.
According to Awang, employers should provide safe and conducive accommodation facilities for all workers, locals and foreigners.
He added that JTK provides the guidelines and will prosecute employers who did not comply with the prescribed act. So far, JTK has issued:
- 7,886 compliance instructions,
- 2,417 improvement instructions for accommodation units, and
- 34 employee transfer orders.
The minister said that all employers must abide by the law to protect their employees' safety and lives. This action also coincides with the current COVID-19 situation as many positive cases happen among foreign workers because of the lack of good sanitation facilities and improperly managed accommodation.
Employers asking for more time
The Malaysian Employers Federation (MEF) has pleaded for 1-3 years to fulfil Act 446's requirements because many companies are still recuperating from the pandemic.
MEF's executive director, Shamsuddin Bardan, stated that the government gave employers limited time to comply with Act 446 when the government enforced it on September 1, 2021.
He said that it was tough for employers to fulfil the requirements because of the lack of funds. The lack of funds itself was a result of the pandemic and its restrictions. Shamsuddin added that most of the regulations under Act 446 involve many costs, and even today, many organisations are still financially unstable.
He said that making arrangements for workers' housing usually involved negotiating with the Labour Department and the PBT in the area, which consumes time. According to him, it takes a year to improve existing staff quarters, and it will take two to three years to build new accommodation and provide the required amenities.
He urged JTK not to issue fines against employers who have already sent in their applications under the act.
MTUC's response
Malaysian Trades Union Congress (MTUC) deputy president Mohd Effendy Abdul Ghani stated that employers had long been taking advantage of foreign employees. He said that this situation only became apparent once the COVID-19 pandemic hit, which caused a surge of clusters among foreign workers.
Effendy said that the lack of government enforcement has caused many employers to be careless with workers' housing, primarily when it involves foreign workers.
He called for improved monitoring and stricter enforcement against employers who did not comply with Act 446. He added that MTUC was prepared to work with the government to conduct inspections on foreign workers' housing.
Sources: FMT & Malay Mail
Articles that might interest you
Low Monthly Wage Has Become the Norm for Local Fresh Graduates
HR Guide: How to Create a Hybrid Workplace Arrangement
Hybrid Workplace Arrangement: What It Is, The Good and the Ugly