Journal of East Asia and International Law
Volume 11, Issue 2, 2018, Pages 359-374

Rights of migrant workers under Malaysian employment law (Article) (Open Access)

Ab Hamid Z. , Shukor S.F.A. , Ali Mohamed A.A.
  • a International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws, Kuala Lumpur, 50728, Malaysia
  • b International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws, Kuala Lumpur, 50728, Malaysia, Faculty of Business and Finance, Jalan Universiti Bandar Barat, Kampar, Perak, 31900, Malaysia
  • c International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws, Kuala Lumpur, 50728, Malaysia

Abstract

Labour migration is an important global issue that largely affects the labour market. Malaysia is among the popular destination countries for labour migration in Asia. The number of migrant workers that consist of documented and undocumented workers is increasing every year due to rapid economic development that captivates job seekers from undeveloped countries. In this regard, migrant workers frequently fall into the trap of unscrupulous employers who exploit them for their own interests. These employers do not pay their wages as promised and deny them their employment rights. This case is basically treated as 'forced labour' or 'human trafficking' by the Malaysian authority. This paper identifies the Malaysia's legal framework of the employment of migrant workers. In addition, how to address the infringed rights of migrant workers is discussed in this paper. Although the framework deems comprehensive, it further recommends a stringent and fair law enforcement to combat exploitation towards migrant workers.

Author Keywords

Forced labour Malaysia Exploitation Migrant worker Human trafficking

Index Keywords

[No Keywords available]
Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85058038330&doi=10.14330%2fjeail.2018.11.2.05&partnerID=40&md5=df2c611ec6533df3033420c162670d9f
DOI: 10.14330/jeail.2018.11.2.05
ISSN: 19769229
Original Language: English