Lastly, SUHAKAM hopes for better recognition of domestic employees and suggests
that the Minister uses his powers under Section 102 to make better regulations
to ensure that the process of recruiting migrant workers – whether for domestic
purposes or otherwise - is ethical and in line with human rights standards. This
would include transparency in written contracts that clearly explain the terms of
employment and conditions of work. It must also be in a language the worker
understands. The government must also ensure that domestic workers have access
to some form of complaints mechanism especially when their rights are allegedly
violated, or their contracts breached. The mechanism must be equipped with an
adequate mandate to resolve the issue, including a provision to impose penalties
on employers. To this end, the government must expeditiously amend laws and
policies to strengthen the overall protection of domestic workers and migrant
workers.
As such, SUHAKAM salutes the proposed new laws and amendments (in the
Accommodation and Employees’ Housing Bill 2018 and Employees’ Housing
Regulations 2018, Workers’ Minimum Standards of Housing and Amenities Act 1990
and Employment Act 1955) that will help uphold workers’ rights. They will also be a
milestone in the long journey to ratify ILO conventions concerning the Abolition of
Forced Labour, 1957 (No. 105), Discrimination (Employment and Occupation), 1958
(No. 111), Employment Policy, 1964 (No. 122) and Labour Inspection (Agriculture),
1969 (No. 129).
With these amendments, Malaysia is taking a step forward to achieving the
fundamental principles in the ILO Declaration on Fundamental Principles and
Rights at Work. However, SUHAKAM hopes that improvements in the Trades Union
Act 1959 and Children and Young Persons (Employment) Act 1966 for freedom
of association, effective recognition of the right to collective bargaining and the
effective abolition of child labour will also be looked into.
f)
62
Older Persons Bill
SUHAKAM attended a meeting on 3 May 2018 called by the Ministry of Women,
Family and Community Development (MWFCD) on the development of a specific
Act for older persons in Malaysia. At the meeting, the researchers from the
University of Malaya presented the outcome of their studies on the magnitude
and consequences of elder abuse and neglect in the country as well as the gaps
in the existing national laws relating to older persons in Malaysia.
SUHAKAM
ANNUAL REPORT 2018