protections by employment laws (including those governing hours
of work, rest days and compensation for accidents or benefits), and
opportunities for ‘decent work’ are limited.
According to a participant from the Bar Council, the number of abuse
cases reported involving domestic workers is unbelievable. Many of
the workers claimed that their employers (particularly the CEOs of
the companies) failed to pay their salaries (some employers withheld
payment of wages until the completion of their contract, and many
were not given full wages). Many employers also routinely confiscated
the passports of domestic workers, making it difficult for them to
escape. He further highlighted the absence of mechanisms to monitor
workplace conditions of these workers and therefore, suggested that
the government establish an effective mechanism for inspection,
enforcement, monitoring and prompt investigations of any complaints
regarding foreign workers including the domestic workers and to create a
toll-free helpline to receive reports on violations of workers’ rights including
abuses against domestic workers.
c) Right to association
Trade unions can be seen as an important instrument for protecting
workers’ interests and rights. Yet, it was highlighted that less than 10% of
the workers in Malaysia were organised workers. Many workers faced
harassment at the work place such as discrimination, dismissal, lack of
freedom to be a part of an association and many others. Therefore, it
is important to have trade unions in the workplace to ensure that the
rights of workers, for example protections against unfair treatment or job
security, are protected.
Even though the act allows the workers (including the migrant workers)
to join the union, in reality, the workers face various tactics and threats
by employers to keep them out of trade union membership. Many
employers use the suppression strategy to create an atmosphere of fear
and through intimidation to put an end to existing unions. Actions such
as sackings, dismissals and sabotage have prevented union bearers
from being active in dealing with the members’ concerns, organising
meetings and recruiting new members.
40
S UH A KA M A N N UA L R E P O R T 2 0 1 7