PROTECTION AGAINST EXPLOITATION OF MIGRANT WORKERS

SCITEPRESS, 2018

The contribution of foreign workers into the rapid development of Malaysia is enormous. Nevertheless, the workers have complained of exploitation and deprivation of their rights by their employers. This study aims to examine the extent to which the allegation and claim are true. It investigates the manner of the said exploitations based on the standards of International Labour Organization (ILO) and Malaysian law. The Qualitative investigation revealed that the rights of foreign workers as clearly set out those Malaysian domestic laws are breached. It therefore concludes that there is a need for Malaysia to take necessary measures in ensuring to stop exploitation and rights of the foreign workers are restored and preserved.

International Journal of Business and Technopreneurship, 2017

Malaysia has profited extraordinarily from the employment of migrant workers in a few financially imperative areas. Amid the most recent two decades, these workers have given the labour that has fuelled the nation's development as an upper-centre wage nation. However, guaranteeing that migrant workers get reasonable treatment keeps on demonstrating troublesome, with reports of mishandling in a few major industries. In light of late improvements in international trade and more scrutiny examination of worldwide supply chains, there has been expanded weight from the global group to order approach and institutional changes that will better ensure the rights of migrants. The International Labour Organization (ILO) has been giving specialized help to the government and social accomplices to reinforce labour migration administration in Malaysia. Key territories of work have included contributing inputs to draft enactment and reciprocal agreements, enhancing the accumulation of labour migration statistics. The insurance of workers employed in a nation other than their nation of root has dependably had a critical place among the exercises of the ILO, since more than whatever other specialists they are at risk to misuse, especially on the off chance that they are in an unpredictable circumstance and are casualties of the trafficking of people. This paper concentrates on the migrant worker, assurance of whether Domestic Law or ILO Convention and the current insurance that is accessible in Malaysia's employment laws.

International Journal of Engineering Business and Social Science

It has become undeniable phenomenon that the demand of migrant workers has arises in this globalization era. Better condition of working has triggered people movement to get better job and salary outside their countries. One of the major sending and receiving region of migrant workers is Southeast Asia. Two main destinations of Indonesian migrant workers are Hong Kong and Malaysia. It is becoming increasingly difficult to ignore that Indonesian migrant workers often face human rights abuses when they are working abroad, for instance, retained legal document, exceeded working hours, human trafficking resulted in physical violence. In Malaysia, Indonesian migrant workers mostly become the victims of human trafficking, physical abuse and excessive working hour. Meanwhile in Hong Kong, the violation of the rights of migrant workers are the excessive of working hours as well as physical violence. This paper argue that Malaysia and Hong Kong are two main countries which has shown signific...

Migrant workers are often discriminated in almost every aspect of life. Using doctrinal research methodology, this article discusses direct and perceptive discrimination against them. This article concludes that physical discriminations are mostly happened because ineffective enforcement of the law, abuse of powers and human-trafficking problem. Besides, perceptive discrimination happened due to the claim that migrant workers contribute to the crimes hike in Malaysia whereas it is unsupported based on statistic given by The Royal Malaysian Police. Intisari Diskriminasi terhadap pekerja migran di Malaysia berlaku hampir dalam setiap aspek kehidupan mereka. Penelitian ini dilakukan melalui metode penelitian doktrinal dan membicarakan mengenai diskriminasi secara langsung (fisik) dan diskriminasi berdasar persepsi terhadap golongan migran. Kesimpulannya adalah diskriminasi secara langsung terjadi karena ketidakefektifan undang-undang, relasi kuasa dan perdagangan manusia. Sedangkan diskriminasi berdasar persepsi terjadi karena adanya klaim bahwa pekerja migran menyebabkan peningkatan jinayah padahal hal ini tidak didukung oleh data dari Royal Malaysian Police. Kata Kunci: diskriminasi, pekerja migran, tingkat jinayah.

Journal of Contemporary Asia, 2014

Proceedings of the Third International Conference on Public Management 2014, 2014

Based on data from the National Agency for the Placement and Protection of Indonesian Workers (BNP2TKI), in 2013 there were about 6, 5 million Indonesian migrant workers (IMW) working in 142 countries around the world, and there are 6 countries which are the favorite host country destination namely Saudi Arabia, Malaysia, Singapore, Hong Kong, Taiwan and the United Arab Emirates. An increased number of IMW working abroad does not mean that they have good protection as well. In 2013 there were approximately 20 thousand cases affecting migrant workers such as job out of contract, underpayment, violence, sexual abuse, death penalty etc. Malaysia is the country which is considered as the most unsafe for IMW, on the contrary, Hong Kong is considered as the most secured and friendly host country for IMW. This study aims to identify policy differences between Malaysia and Hong Kong in treating IMW. The method used in this study is a qualitative method. Informants are migrant workers who are or have worked in Malaysia and Hong Kong. The results shows that Hong Kong has policy named ordinary employment listed in chapter 57 which contains clear and unequivocal rights and obligations of the IMW, meanwhile Malaysia does not have a labor policy that protects the IMW, they even treats IMW discriminatively.

American Scientific Publishers, 2017

Throughout the history migration of people to other countries in search of employment has occurred and it is by no means a new phenomenon. However, the recent movement of labour on temporary basis, first to the Middle East and later within Asia, has left migrant workers the most vulnerable as they are the least protected.

2021

Dependency on migrant workers is a growing situation in Malaysia particularly the ones from Indonesia, the world's largest non-skilled and semiskilled worker importer. Despite their decision to migrate in order to obtain better livelihood, there are various risks faced by Indonesian migrant workers, including exploitation. To this day, the problems faced by women migrant workers are mostly dominated by documents forgery, fraud, overstay, unpaid wages, sexual abuse, involvement in criminal cases, and other rights violations that are not in accordance with the proper work contracts. Indonesian women migrant workers are often segmented to work in production sectors, such as manufacturing, service sectors such as domestic work and the cleaning industry. This study used qualitative research with in-depth interviews and participant observation to access, collect the preliminary data from the government officials, NGOs and unions related to migrant worker's social welfare. The finding indicated that there were several migrant workers' rights that have been agreed upon to provide significant protection for migrant workers in destination countries whether they are related to employment or social security. However, with the different legal ratifications of specific countries, the destination country has the freedom to restrict any access to certain migrant workers' freedoms. In other words, protection is subject to the laws and constitutions of the country which have been formulated locally. However, in the case of migrant workers' rights violations, most parties work together to resolve the issues. This includes establishing nongovernmental organizations to curb issues of social inequality that help all parties involved.

Malaysia's rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia's implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have been breached. This article has identified the relevant policy, legislative and support mechanism (NGO and government) landscape in Malaysia regarding the realisation of the rights of migrant domestic workers in Malaysia to bring claims where their rights have been breached; best practice examples of the relevant policy, legislative and support mechanism landscapes in at least 2 'best practice' MDW receiving countries regarding the realisation of the rights of MDW to bring claims where their rights have been breached; and potential opportunities for policy, legislative and support mechanism reform in Malaysia to further enhance the realisation of the rights of MDW in Malaysia specifically in relation to redress mechanisms for breaches of the rights of MDW. Keywords: migrant domestic worker, breach of rights, policy and legislation, redress mechanisms. Abstrak Pertumbuhan ekonomi Malaysia yang pesat bergantung pada tenaga kerja Malaysia dan tenaga migran, khusunya dari negara-negara ASEAN, dan dari Asia Selatan. Pertumbuhan berkelanjutan yang tinggi dari ekonomi di Malaysia selama lebih dari tiga dekade telah mengakibatkan meningkatnya tenaga migran, karena kebutuhan untuk memenuhi permintaan yang meningkat di beberapa sektor dalam pasar jasa Malaysia. Tujuan artikel ini adalah untuk mengidentifikasi peluang reformasi kebijkan dan legislasi dalam kaitannya dengan implementasi Malaysia akan kewajibannya sebagai Negara penerima migrant domestic worker (MDW) khususnya terkait hambatan MDW dalam melakukan gugatan ketika hak meraka dilanggar. Artikel ini telah mengidentifikasi tataran kebijakan, legislasi dan mekanisme dukungan (terkait realisasi hak-hak MDW di Malaysia dalam melakukan gugatan; contoh praktik terbaik (best practice) tataran kebijakan, legislasi dan mekanisme dukungan yang terkait di setidaknya dua Negara penerima MDW yang memiliki " best practice " dalam merealisasikan hak MDW dalam melakukan gugatan; serta potensi peluang reformasi kebijakan, legislasi dan mekanisme dukungan di Malaysia untuk semakin meningkatkan realisasi hak-hak MDW di Malaysia khususnya dalam mekanisme ganti rugi atas pelanggaran hak-hak MDW. Kata Kunci: migrant domestic worker, pelanggaran hak, kebijakan dan pengaturan, mekanisme ganti rugi Indonesia Law Review (2016) 1 : 1-37

Migration has become a common practice around the world for various purposes and it is not new phenomenon. There is no continent, no region of the world, which does not have its contingent of migrant workers. Population is one of the elements for the formation of a state. When population increases excessively and consequently, living style becomes difficult and they want to move from one place to another place. For the protection of the migrants, there is a set of such international instruments do exist to protect and promote their rights. It is needed to recognize and establish migrant worker's rights in our national migration policy for a safe, humane and right based international migration. In this paper, it is tried to focus on the major problems of that is faced by the migrants because of the violation of human rights.