By Glorene A Das

Approximately one out of three workers in Malaysia is a migrant worker. Labour policies therefore have wide reaching consequences on the rights of workers in Malaysia where a significant number of workers are open to violence and abuse that reflect modern day slavery while others perish or die as a consequence of exploitation.

Malaysia receives its migrant labour workforce from 16 different countries including Nepal. According to a statement by The Sun Daily (13 June 2016), there were 461 deaths of Nepali migrant workers in 2015, 70% of whom die in their sleep due to massive heart attacks or sudden cardiac arrests while others die from work stress that lead to living unhealthy lifestyles that include risk of workplace accidents, depression and suicides. Many of these overworked workers undergo depression as they are unable to send money home to their families. The falling ringgit is also a contributing factor to this anxiety.

Tenaganita in its work with migrant workers over the years has seen a systematic erosion of the rights of migrants in Malaysia. Migrant workers experience breaches of their contracts, they are forced to work overtime, they are paid below the minimum wage, they have no sick leave, no insurance and lack medical benefits. The Employment Act states that a worker should work for 8 hours a day with anything additional being considered as overtime work. Migrants in Malaysia however are expected to work for a basic of 12 hours a day with overtime payment given only for work beyond the 12 hours. The lack of enforcement of the written contract between the migrant and his employer leaves the migrant with no choice but to work long hours. Based on Tenaganita’s investigations, Nepali security guards have constantly stated that they work for as long as 18 hours a day. Some even work for 48 hours straight with no time for rest. If the worker chooses not to work the long hours, he will lose his job.

We have received many complaints from Nepali workers who experience headaches, dizziness and aches with many falling ill with throat infection and fever due to the fact that they have no additional breaks and are forced to work under the scorching heat during the hottest hours of the day. Nepali migrants are particularly susceptible to the effects of the heat as they come from a country with a much cooler climate. Many are also forced to live in crammed and unhealthy conditions with very little ventilation. Workers are also not aware of the precautions they need to take about the extreme climate in Malaysia compared to Nepal.

Many workers who experience injuries in their workplaces are deported instead of having their medical needs attended to. Last year, the Malaysian government decided to withdraw health subsidies and increase medical fees for non-nationals by 30%. This coupled with migrants not being given a day off for rest to receive medical treatment are all contributing factors to the increase of deaths of Nepali migrants.

Tenaganita as an organization that protects the rights of migrants, refugees and trafficked persons demands for enforcement of labour standards for all migrant workers, protected by the Employment act, as well as the Occupational Safety and Health act and its regulation and guidelines. The right to health, and the right of standardized working hours and decent wages for all workers must be realized.

Malaysia has been a member of the International Labour Organization (ILO) since 1957 and has ratified 16 ILO Conventions on labour protection. It is therefore obliged to take all available measures to ensure that laws and policies uphold the fundamental rights of all workers in Malaysia including migrant workers. To achieve this, we must urgently ensure that our labour laws and policies meet international standards and that its implementation is enforced and monitored. The policies must ensure:

(a) migrants are accorded their rights as enshrined in the various legislations;
(b) implementation and monitoring of laws take precedent over profits and gains
(c) the capacity to detect, report, investigate and follow up on labour violations ; and
(d) our system of administration of justice is sensitive to the needs of the victims and their families, and metes out the appropriate punishment on those who exploit workers.

Glorene A Das is the Executive Director of Tenaganita Women’s Force

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