Professional Documents
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freedoms set forth in this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status. However, very little is known or understood about their
daily life. Malaysia as the largest importer of labour in Asia, surprisingly, not give a
permission to the migrant workers to join trade union and the workers do not own any
institution to speak out their gruesome experiences and frustrations. That leads to the
question: what rights do the foreign workers have and the attendant question, which part
have the local employer violate? To answer to this question is not as hard to find the best
examples in our local scene as to show the rights of migrants since it is not a mere
practice in Malaysia. But it is can be seen from the fundamental legal principle which
binding the employer and the employee the Malaysia Contract Act 1950. In other hand,
it is a contractual rights of an offeror and offeree. As stated earlier, the two cases were
charged under breach of contract. Yet, the argument is that the temporary have very little
capacity to enforce their rights in the contract. The crucial problems are the language
barrier, the cost of lawyers, inability to remain in the country to fight the case or work as
the employer will openly invite the Immigration Department to cancel their work passes
by citing some criminal charge such as strike, assault, battery, et cetera. Furthermore, the
segregation of task and duties between regular caf barista and caf attendants, between
constructions labour worker and services, who seem to be predominantly foreign
worker. Thus, it is very visible and safe to say that this segregation and division amount
to workplace discrimination and also reinforces stereotype of foreign worker that only
suitable to work in 3D sector dirty, dangerous and difficult. Some of the temporary
have to face a refusal to let them see the company panel doctors even for the
employment injuries caused by non-provision of protective equipment. Sometimes,
these local officers would ask for money from the refugees and threaten to arrest them
if they refuse to pay the money. Some of them being locked out and stranded in a small
room to unsafe working conditions. So, it can be clearly seen that discriminatory labour
practices, including undignified violation of human maybe common things in Malaysia,
but that does not mean we should embrace those practices. In fact, it is an obligation for
us to live in respectful manner and to go all in before Article 8 of Federal Constitution
of Malaysia which provides that all persons are equal before the law and entitled to its
equal protection.
The laws that spell out the immigration policy are the Immigration Act 1959,
Immigration Regulations 1963 and Passports Act 1966. The Immigration Act 1959 is the
key legislation that controls aspects related to entry into or departure from the country,
provisions of visas for legal stay and work. The Immigration Department a component
of the Home Affairs Ministry, outlines the principles of the immigration policy and coordinates the implementation of the policy. The departments which are responsible in
enforcing the law are the Immigration Department, Customs and the Police Force. As
for this legal framework, we believe that it is only just mere interpretation of laws but
what really happened in Malaysia is far from suffice justice to them. The real issue is
does Malaysia have sufficient local laws to address issues surrounding any aspect that
related to the temporary community. Through a series of reflective notes, it is a good
thing to jump into conclusion Malaysia have one of good written laws pertaining to
migrants Yet, very weak enforcement and capacity to embark the legality of all of the
provisions and acts. In fact, there is limited legislative protection for domestic workers.
Legal protection for registered migrant workers include terms and conditions of
employment such as wages, hours, holidays, termination of contract of service, nondiscrimination, freedom of association and access to grievance and redress mechanism.
The number of complaints filed by migrant workers and cases pursued are negligible.
There are many cases but it is not reported because migrant workers fear repercussions
from the employers. In addition, the unlawful and unconstitutional acts at the level of
authority and state can be seen from in on the Fudex case to initiate action on behalf of
the foreign employees, the reaction from the authorities was 'why do you bother, they
are only foreigners'. Such crass lack of concern for the foreign employees as human
beings, and to the laws to be upheld rather than the status of the employee being focused
on by the authorities.
As the conclusion, there are my fellow Malaysians who do anything from exploiting
to denying the rights of other, for the sake of money. Simply because they are migrants,
their hopes and desires are labelled lower, not same in our level, immoral and
parasitical. If in countries such Qatar and other part of Middle East practised the Kafala
system which is slavery system, in Malaysia may not exist by name, but the policy and
practice are still trapped in most of Malaysians minds. A sad and difficult reality but
this is how Malaysias culture rupturing and raping the foreign workers. Between
reality and fantasy, we, Malaysian, under the contributory negligence has managed to
put a moment of pain, trauma, tragedy and loss toward human beings that we called
the politics of temporary.