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MTUC
CONFERENCE ON MIGRANT WORKERS Overview and concerns The MTUC recognizes the positive contributions of
migrant workers in the development of the country and its economy, the
principle that all workers should be treated with fairness, dignity and
equality without distinction whether they are migrant or local. While
the laws of Malaysia do not discriminate against migrant workers, in
practice, the rights of migrant workers are not fully protected. The right of migrant workers to join a trade union
is guaranteed under the Trade Union Act of 1959. However, administrative
practices and unscrupulous employers often discourage migrant workers
from joining trade unions. A series of actions will have to be initiated by
the MTUC to realize an effective mechanism that will give adequate
protection to the 1.5 million documented migrant workers who are working
legally in the country. The MTUC supports State action to manage
migration flows. The presence of undocumented workers in large numbers
has a profound effect on wage rates and terms of employment for
documented migrants as well as for local workers. The undocumented
migrant workers are often forced to work more for less and without the
other basic facilities such as housing, medical care, overtime payment
and so forth. The MTUC expects that employers of undocumented workers
are severely punished, and that undocumented workers themselves are
humanely treated. A number of emerging concerns in Malaysia should be
addressed: " The government has an ad hoc policy on
management of migration. Frequent policy changes by the state lead to
lack of clarity, abuse by different stakeholders and increase the
vulnerability of migrant workers. " The work permit issued to migrant workers
only allows the migrant worker to be employed by one employer. This
policy may create a form of bonded contract where the worker is unable
to move to another job and thus is open to abuse and exploitation. " Contract substitution upon employment in
Malaysia changes drastically the work conditions and lowers wages. It
has been often observed that the contract presented to the worker upon
arrival in Malaysia is considerably less favourable than the contract to
which the worker agreed before departure . " When a worker seeks redress for unpaid wages
or raises other forms of labour dispute or abuse, the employer often
retaliates by canceling the work permit. As a result the migrant worker
loses his or her status in the country and his or her right to stay.
Without a visa, the worker is unable to continue his or her case through
the courts. To enable the worker to pursue his or her case, the
Immigration Department only gives the worker a 3 month special pass at
RM100 per month. The worker is not allowed to work under this pass. " There are various policies and laws that are
discriminatory and thus remove certain rights of the migrant worker and
make him or her unequal compared to the national worker. " Mandatory testing with deportation on the
grounds of having contracted 15 diseases, including pregnancy tests and
HIV/AIDS tests threaten job security, and increase discrimination and
stigmatization. " The Immigration Act (especially Section 6)
provides for penalties including whipping and imprisonment. It
criminalizes migrant workers for an administrative problem. Migrant
workers have difficulty in accessing legal representation and due
process. Basic rights We recognize that migrant workers are workers with
equal rights and dignity. These rights must be protected in laws and
policies. Such laws and policies must be effectively and justly enforced
by the various agencies. Key principles for migration policy should
include non-discrimination and equal treatment of workers - nationals
and migrants alike, respect for basic human rights and labour rights of
migrant workers, protection of migrant workers in both regular status
and irregular situations and regular consultations among government,
employers, workers, NGOs and other representatives of civil society. The
MTUC should actively promote the ratification of the Migration for
Employment (Revised) Convention, 1949 (No. 97), the Migrant Workers
(Supplementary Provisions) Convention, 1975 (No. 143) and the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, and support the ILO Plan of
Action for Migrant Workers. MTUC
actions Based on the above the MTUC resolves to: " Undertake actions to give the migrant
workers all the necessary protection of their rights and dignity. " Organize migrant workers. " Provide the relevant knowledge to migrant
workers to make their tenure in Malaysia as comfortable, peaceful and
productive as possible, e.g. introduction to local unions, religious
customs, taboos, work ethics, etc. " Provide opportunities for skills enhancement
so that they may not only be able to have a better working environment
and benefits but also be better trained and skilled when they eventually
return home. " Monitor the real manpower needs of every
sector and to work closely with the Government to ensure that there is
no excess supply of labour in any sector. " Identify errant and problematic employers
and encourage the authorities to take all the available punitive action
against them. " Work closely with embassies and national
trade unions of sending countries. " Set up a special committee with the
Bar Council and NGOs to review all the laws that
discriminate against migrant workers, that denies them fundamental labor
rights and work towards areas for legal reform and the development of a
comprehensive labour migration and management policy. " Review, together with other national trade
union centers from the sending countries, all MOU's and contracts. " Work out a standard model MOU and contract
for recruitment and employment of migrant workers. " Advocate with the relevant government
agencies, for the issuance of a T-S visa (Temporary Stay) for
all workers who have cases of labor dispute or abuse to enable the
workers to stay and work in the country until the case is settled. " Give special focus on domestic workers.
Propose changes to the Employment Act to recognize
domestic work as work; to develop standardized contracts; and to
organize domestic workers into unions. " Make the changes in order to make sure that
the State does not discriminate. " Review repatriation - the manner in which
this occurs is of concern. " Protect refugees and
undocumented workers who find themselves in an irregular situation.
Root causes must be addressed. " Establish social security mechanisms with
contributions from employees and employers. " Advocate the principle that
payment of any levy should be borne by the employer. " Establish a Tripartite Council to review the
policy on labour migration and management. " Strengthen labour
inspection services to enforce legal conditions of work for migrant
workers. " Reintroduce the EPF for migrant workers
without discrimination vis-à-vis local workers. " Abolish corporal
punishment such as whipping and caning. " Enhance the social image of migrant workers. " Address the specific risks for all migrant
workers, men and women, in certain occupations and sectors with
particular emphasis on dirty, demeaning and dangerous jobs, and on women
in domestic service and the informal economy. Action
by trade unions in sending countries: Trade Unions in sending countries resolve to: " Encourage their Governments to ratify ILO
Conventions protecting the rights of migrant workers. " Encourage Governments to negotiate bilateral
agreements on recruitment, including the elimination of recruitment
agents. " Encourage migrant workers to join existing
unions in the host countries. " Government, NGOs and other stakeholders
should work in close collaboration and cooperation to further the rights
of migrant workers. " Advocate a regulatory framework based on ILO
Conventions and the UN Convention to respond to the issue of migration. " Encourage monitoring recruiting and
employment agencies in both sending and receiving countries to reduce
fraud, malpractice and harassment of migrant workers. " Conduct rights-based and community-based
pre-departure training. " Work with the MTUC to prepare pre-departure
modules. Conditions of service under the Malaysian Employment Act should
be translated into languages of migrant workers. " Develop a system for networking and
information exchange between sending and receiving country trade unions. " Encourage governments to establish
"Pillars" or principles of sending countries which govern
diplomatic relations. APPRECIATION Participants: President,
Secretary General, MTUC Research Committee & MTUC officials, Trade
union leaders from sender countries, [Bangladesh(BMSF), Indonesia(ITUC),
India(HMS & INTUC), Nepal(Gefont & NTUC), Pakistan(PNFTU),
Philippines(TUCP) and Vietnam(VGCL)], ILO, MTUC, FMM, Tenaganita, Suaram,
SUHAKAM (Malaysian Human Rights Commission), Immigration Dept, Royal
Malaysian Police, Legal Consultant, Ministry of Human Resources, Labour
Dept, Representatives of migrant workers, Representatives from embassies
- India, Philippines, Cambodia, Vietnam and Thailand,
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