A LACK of prohibitive laws in Malaysia is to be blamed for a high incidence of discrimination in employment and occupation based on gender, nationality, race and disabilities, according to the US Embassy’s 2018 report on human rights practices.

Even in cases with existing laws, enforcement was lacking, leading to many cases where employers “did not respect laws on wages and working hours”.

The report said the Malaysian Trade Union Congress had reported that 12-, 14-, and 18-hour days were common in food and other service industries, and singled out migrant workers who were often made to work under difficult conditions.

“They worked in sectors where violations were common, performed hazardous duties, had their pay withheld by employers, and had no meaningful access to legal counsel in cases of contract violations and abuse.

“Some workers alleged their employers subjected them to inhuman living conditions, confiscated their travel documents, and physically assaulted them,” it said.

The report said employers reportedly restricted workers’ movement and use of mobile telephones; provided substandard food; did not provide enough time off; physically and sexually assaulted workers; and harassed and threatened workers, including with deportation.

According to statistics by the Department of Occupational Safety and Health, 117 workers died, 1,612 acquired a nonpermanent disability, and 80 acquired permanent disability in the first half of last year.

Gender discrimination

The US report also found that women experienced some level of economic discrimination and access to employment, noting that employers also routinely asked women their marital status during job interviews.

“A UN report noted participation in the labour market for women was 46.1%, compared to 78.7% for men,” it said.

The US report said the large quotas reserved for Bumiputera employees for federal government positions and jobs, and for vocational permits and licenses in many industries “greatly reduced economic opportunity for minority groups”.

And while there was a code of practice guiding employers on hiring persons with disabilities for private sector jobs, there was also reluctance among employers to adhere to it.

Migrant workers’ discrimination

The US report noted that migrant workers are tested for 16 illnesses, including pregnancy, and those found pregnant or ill may be deported by their employers.

In these cases, employers were unilaterally able to terminate work permits, subjecting migrant workers to immediate deportation.

Some, including children, were subjected to forced labour plantation agriculture, the fishing industry, electronics factories, garment production, construction, restaurants and domestic households.

Other were also subjected to debt bondage when they are hired through outsourcing agents or recruiters, making them easy to exploit.

“Labor union representatives described a typical pattern involving recruiting agents both in the countries of origin and in Malaysia who imposed high fees, which made migrant workers vulnerable to debt bondage.”

Other problems faced by migrant workers are non-payment of wages and confiscation of their passports by employers, which increased their vulnerability to forced labour.

“The practice was illegal but widespread and generally went unpunished,” the report said, adding that some employers and agents drafted contracts with a provision for the workers to surrender their passports.

“Migrant workers without access to their passports were more vulnerable to harsh working conditions, lower wages than promised, unexpected wage deductions, and poor housing.”

The US report also noted that while the law on worker’s compensation covers both local and migrant workers, there is no protection for migrant domestic workers.

It also cited the lack of manpower in the labour department to enforce labour laws on employers in business and homes that employ domestic help. – March 19, 2019.