JTSKM Inspected Almost 20,000 Employers for Act 446 Compliance
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Deputy Human Resource Minister Datuk Awang Hashim said that the ministry had opened 745 investigation papers against employers who committed various violations under the Workers' Minimum Standards of Housing and Amenities Act 1990 (Act 446) between February and June 2021.
He said that some of these employers had been fined and given compounds amounting to more than RM3.4 million after the Department of Labour Peninsular Malaysia (JTKSM) inspected 19,149 employers and 106,824 units of workers accommodation nationwide.
According to him, from the 745 investigation papers:
- 125 cases have been taken to the sessions court, with the prosecution of 55 cases resulted in fines totalling RM361,000.
- Additionally, JTKSM had compounded 291 cases involving compound offers amounting to over RM3 million against employers who committed violations under Act 446.
The deputy minister was overseeing an operation on Act 446 and Movement Control Order (MCO) standard operating procedure (SOP) compliance at a factory.
He said that the employer was found to have committed several offences under the act, namely failing to obtain accommodation certification from JTKSM and the local authority's approval.
Awang added that the employer also failed to ensure that the employees scanned the MySejahtera QR code, an offence liable to an RM10,000 fine under Act 342.
Ang warned employers, centralised accommodation providers and industry players to constantly comply with the acts in place to avoid legal action.
JTSKM takes action against employers in June 6 raid
On June 8, JTKSM stated that it would take action against the employers of 156 undocumented migrants detained in an immigration department raid on June 6 for failing to provide them with sufficient accommodation.
Immigration director-general Khairul Dzaimee Daud described the workers' quarters at the illegal settlement in Cyberjaya as "very dirty" and "extremely unsuitable", adding that the conditions made the spread of Covid-19 easier.
He pointed out the lack of proper drainage and sewage systems, and there was water flowing out of the workers' toilets into their living quarters.
JTKSM is actively taking action on employers flouting Act 446.
A labour department spokesperson said that JTKSM would take action in line with Act 446. The employers could either be fined RM50,00 for each offence under 446 or face harsher penalties under the Emergency Ordinance (Workers' Minimum Standards of Housing and Amenities Act).
The ordinance, gazetted on Feb 17, allows the Ministry of Human Resources to impose these penalties against employers or accommodation owners for failing to provide proper housing for workers:
- Fines of up to RM200,000,
- A jail term of up to three years,
- Or both.
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