project csr

GMUL 5063 Ethics, Law & Corporate Social Responsibility

INTRODUCTION

Foreign worker are people who work in a foreign country without initially intending to settle

there and without the benefits of citizenship in the host country. Some of foreign worker are

recruited to supplement and assist the workforce of a host country for a limited term or to

provide skills on a contractual basis that the host country seeks. Others are recruited directly by a

private employer, which may need to certify that it cannot find workers among the countries own

citizens. Host countries may also import foreign workers for jobs their citizens refuse to do.

Large influxes of foreign workers can awaken xenophobia, particularly when the host country's

population is ethnically and culturally homogeneous and the foreign workers' culture and

appearance are significantly different or when economic downturns heighten the tendency to

assign blame to others.

Foreign workers are empower a group of foreign nationals who legal right to work in a country

where they have been officially recruited (Zehadul et al., 1999). Miller (1991) define that

foreign workers as these person come from a welter of nationality groups, living and working

with diverse legal status in a particular country, meanwhile K. Rajkumar (2001) defined the

foreign worker as a general an employee who is a non-citizen. Malaysia is the biggest employer

of migrant workers in South East Asia. Foreign workers are one phenomenon that has long time

occurred in Malaysia, the large number of foreign workers in Malaysia is at result from the lack

of availability of labor in Malaysia. This evolution of labor force has been influenced by many

factors, for example changes in population size and labor force participation rate. However,

population growth depends on rate of natural increase and net migration.

The rate of natural increase is determined by both fertility and mortality rate. Net migration is

determined by outward (emigration) and inward migration. Until recently, migration has not

been important in providing labor force to the country until the nineties. Foreign workers from

migrants to Malaysia then helped ease the tight labor condition. The coming of migrant workers

contributes to the rising economic development but, on the other hand, the migrant workers

emerge as a social problem. Communication conflicts arise due to cultural differences and

problems of adapting to Malaysian culture. differences first produce prejudice but later on

increase to stereotyping and, accordingly, to a negative discourse.

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The Larger Foreign workers in Malaysia are from Indonesia, based on data BNP2TKI, the

number of legal workers Indonesia in Malaysia reached 1.9 million people, this data no included

the number of illegal worker, majority of Indonesian workers working in the informal sector.

Most of them work in manufacturing, plantations, and the household sector and others. The

number of Indonesian workers not only provides many benefits for Malaysia orders but in the

order hand also infrequently cause new problems that can ruin the relationship between

Indonesia and Malaysia.

The largest number of workers in the informal sector it can raised problem and issue among

Malaysia and Indonesia government. The issue of Indonesian workers in Malaysia is a very

complex issue, with many aspects of the conflict of interest. Work system, undocumented

workers, and violence against the domestic workers are the current Indonesian worker issue in

Malaysia. The emergence of a lot of Indonesian labor issues caused by Malaysia has no legal

framework or a particular law to protect workers especially for domestic worker. Even worse, the

Malaysian government has upheld discrimination against housemaids and plantation workers,

both of whom are excluded from the newly-issued regulation on minimum wages.

Migrant workers have been objects of exploitation, physical abuse, violence and rape in line with

the emergence of care giving industries and the privatization of health care, which are part of the

neo-liberal capitalism which has damaged Malaysia’s economic system and raised inequalities

among Indonesian women migrant workers. Despite a Letter of Intent between Malaysia and

Indonesia has been sign in 2010, but in fact the protection of Indonesian labor in Malaysia is still

not realized its full potential, especially for the protection of domestic workers, it is because

there is no point-specific points that govern the protection of domestic workers that agreement.

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LAWS RELATING TO THE EMPLOYMENT OF FOREIGN WORKERS IN

MALAYSIA

In malaysia there are some sectors that allow foreign workers, foreign workers are allowed to

work on the construction, plantation, service (domestic servants, hotel industry, trainers and

instructors) and manufacturing sectors. other than that which is allowed only as an employee is a

citizen of Bangladesh, Indonesia, Pakistan, the Philippines and Thailand. Foreign workers are

grouped into several 2 major categories: unskilled/semi-skilled foreign workers and the

expatriate group. The main institution involved in regulating the recruitment of foreign workers

are the Department of Immigration and Department of Human Resource, and for the illegal

foreign worker are under the Immigration and the Police.

From the two main institutions they are formed two separate institutions that are designed to

meet the needs of ecpatriate and unskilled/semi-skilled foreign worker. The Technical

Committee on Foreign Employment or in Malay language called by Jawatan kuasa Teknikal

Pengambilan Pekerja Asing duty on aplications from potential employers of the unskilled/semi-

skilled foreign workers, and the Expatriate Committee or in Malay language called by

Jawatankuasa Pegawai Dagang duty on aplications for expatriate employment. Various laws

and policies have been instituted by the government of Malaysia to organize and manage

everything related to foreign workers. Policies that has been taken by Malaysia government

including :

a. Employment of foreign workers is a temporary measure to help Malaysian employers

overcome labour shortage.

b. Employment of Foreign workers is allowed only after the employer had proven that effort

to get local candidates had failed or that no local is available or interested to fill the

vacancies.

c. The employment is limited to a maximum of 5 years after which the employer is

responsible for the repatriation of the forreign workers back to their home countries.

d. Foreign workers should be provided with suitable living accommodation with separate

blocks for male and female foreign workers.

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e. Foreign workers are not allowed to bring spouses or to marry while in employment in

Malaysia (except for expatriate).

f. Employer must be responsible and accountable for the behaviour and action of the

foreign workers under his employment.

g. Foreign workers must not violate the laws and rules of Malaysia.

The legislation that applicable to foreign worker including:

Employment Act 1955 (Peninsular Malaysia)

PART XIIB - EMPLOYMENT OF FOREIGN EMPLOYEES

60K. Duty to furnish information and returns

(1) An employer who employs a foreign employee shall, within fourteen days of the

employment, famish the nearest office of the Director General with the particulars of the

foreign employee in such manner as may be determined by the Director General.

(2) An employer or any specified class or classes of employers, whenever required to do

so by the Director General, shall furnish returns of particulars relating to the

employment of a foreign employee in such manner and at such intervals as the Director

General may direct.

Under the Section 60K of the Employment Act 1955 an employer who employs a foreign worker

needs to register the foreign worker with the nearest Labour Department within 14 days of

employment. The employer must fill up Form PA 2/29 for this purpose.

60L. Director General may inquire into complaint

(1) The Director General may inquire into any complaint from a local employee that he is

being discriminated against in relation to a foreign employee, or from a foreign

employee that he is being discriminated against in relation to a local employee, by his

employer in respect of the terms and conditions of his employment; and the Director

General may issue to the employer such directives as may be necessary or expedient to

resolve the matter.

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(2) An employer who fails to comply with any directive of the Director General issued

under subsection (1) commits an offence.

Under the Section 60L of the Employment Act 1955, foreign workers can complain to the

Director General of Labour if they feel that they are being discriminated againts and they can

also make claims for unpaid benefit or wages under Section 69 of the same Act.

60M. Prohibition on termination of local for foreign employee

No employer shall terminate the contract of service of a local employee for the purpose of

employing a foreign employee.

Under the section 60M of the employment Act 1955, the employer didn't allow to terminate a

local employee, in order to recruitment foreign worker in their company. Thus, meaning that if

employer want to recruit foreign worker it must be didn't have terminated a local worker.

60N. Termination of employment by reason of redundancy

Where an employer is required to reduce his workforce by reason of redundancy necessitating

the retrenchment of any number of employees, the employer shall not terminate the services of a

local employee unless he has first terminated the services of all foreign employees employed by

him in a capacity similar to that of the local employee.

60O. Permanent resident exempted from this Part

For the purposes of this Part, the term "foreign employee" shall not include a foreign employee

who is a permanent resident of Malaysia.

All foreign workers whose earnings do not exceed RM1.500.00 a month, all manual workers

irrespective of how much they earn per month and workers with a contract of service are covered

by the Malaysian Employment Act 1955. Worker rights including maximum hours of work,

overtime work and rates of payment, annual leave, paid holidays, paid sick leave, wages and

what employer can lawfully deduct from the wage and maternity leave and benefits, all kind of

rights can be found and protected under the Employment Act 1955.

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Sabah labour ordinance and Serawak labour ordinance (Sabah and Serawak state)

Sabah Labour Ordinance and Serawak Labour Ordinance regulates the administration of Labour

Laws in their respective states. The provisions of Sabah Labour Ordinance and the Serawak

Labour Ordinance are similar to the provisions of the Employment Act 1955.

Workmen's Compensation Act 1952

The Workmen's Compensation Act 1952 was amended in August 1996 - Section 26(2) of the

Amended Act deems it mandatory for each employer to insure all the foreign workers employed

by him in respect of any liability he may incur under the Workmen's Compensation Act 1952.

Under the Workmen’s Compensation Act 1952 an employee shall be entitled to at least one

whole day of rest day in a week and the employee shall not work on normal hours exceeding 8

hours a day excluding a period of rest, 5 consecutive hours of work without a period of rest of

not less than 30 minutes and 48 hours in a week. Under certain circumstance and mutual

agreement, hours of work can exceed 9 hours a day but it cannot exceed 48 hour a week.

Workers' Minimum Standards of Housing and Amenities Act 1990

Under the Workers' Minimum Standards of Housing and Amenities Act 1990 foreign workers

deserved proper home facilities, and other amenities accordance with applicable standards.

Industrial Relations Act 1967

The Industrial Relations Act of 1967 is the legal foundation for formally recognizing and

regulating collective bargaining between employers and labor unions in Malaysia. It serves to

protect workers engaged in negotiations from abuse and to prevent the shutdown of production

by strike. Section 4 & 5 of Industrial Relations Act 1967 do not prohibit any employee - foreign

or local to become Union members.

In the event foreign workers are dismisses, they can claim for reinstatement at the Industrial

Relations Department for reinstatement under Section 20 of the Industrial Relations Act 1967.

Even if they don't belong to any union, for companies that collective agreements foreign workers

can seek redress under Section 56 of the Industrial Relation Act.

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Trade Union Act 1959

The restrictive Trade Unions Act does not allow general unions for workers. Membership of any

trade union is confined to only those who are employees of a particular industry, establishment,

trade and occupation. Example a bank employee could only be a member of a banking union, but

cannot be a member of an airline union or teachers union while a hotel employee, a timber

worker or a laborer could not be members of the same union.

There are three main reasons that explain why workers form and join trade unions. They are to

improve their economic situation, to ensure their rights are protected and for social reasons.

Section 67 of the Trade Union Act 1959 prohibits an organization falling within the definition of

a ‘trade union’ to be registered as ‘society’ or ‘company’, unless such organization is established

only for ‘the regulation of relations between employers and employers or between employees

and employees’ to be registered as society. As specified in Trade Union Act 1959 section 26 the

following categories of people cannot join or be accepted as members of trade unions :

a. Person below age of 16.

b. Student of an educational institution established by or under a written law, unless he is

bona fide employed as an employee and is over 18 years of age.

c. Any person not engaged or employed in the establishment or trade or occupation or

industry in respect of which the trade union is registered.

d. Any public officer a person in the permanent or temporary employment of any goverment

at federeal, state or local levels in Malaysia. (Chan, Abdullah, & Muhammad, 2003)

Occupational Safety and Health Act 1994

An Act to make further provisions for securing the safety, health and welfare of persons at work,

for protecting others against risks to safety or health in connection with the activities of persons

at work, to establish the National Council for Occupational Safety and Health, and for matters

connected therewith.

General duties of employers and self-employed persons have to their employees under the

Occupational Safety and Health Act 1994. The provision and maintenance of plant and systems

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of work have to practicable, safe and without risks to health. In order to making of arrangements

for ensuring, so far as is practicable, safety and absence of risks to health in connection with the

use or operation, handling, storage and transport of plant and substances. The provision of such

information, instruction, training and supervision as is necessary to ensure, so far as is

practicable, the safety and health at work of his employees.

The practicable, means as regards and place of work under the control of the employer or self-

employed person, the maintenance of it in a condition that is safe and without risks to health and

the provision and maintenance of the means of access to and egress from it that are safe and

without such risks. However, the provision and maintenance of a working environment for his

employees that is, so far as is practicable, safe, without risks to health, and adequate as regards

facilities for their welfare at work.

The general duties of employees at work, it has under the Occupational Safety and Health Act

1994. There are four main duties for employee at work, including to take reasonable care for the

safety and health of himself and of other persons who may be affected by his acts or omissions at

work, to co-operate with his employer or any other person in the discharge of any duty or

requirement imposed on the employer or that other person by this Act or any regulation made

hereunder, to wear or use at all times any protective equipment or clothing provided by the

employer for the purpose of preventing risks to his safety and health, and lastly to comply with

any instruction or measure on occupational safety and health instituted by his employer or any

other person by or under this Act or any regulation made hereunder.

Wages Council Act 1947

An Act of wages council 1947 is to provide for the establishment of Wages Councils, and

otherwise for the regulation of the remuneration and conditions of employment of workers in

certain circumstances. Malaysia does not have a minimum wage for all workers the wages

councils though power vested upon the Wages Council act 1947 have established minimum

wages for workers in certain sectors. They are workers who have traditionally found it difficult

to group themselves into unions and fight for their own rights such as Cinema workers, shop

assistants, hotel and catering industry workers and Penang stevedores

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Immigration Act 1959/63

Immigration law is the nation's border gatekeeper. The law determines who may enter,

the duration of stay, when they must leave, whether a person is an alien, their duties and

obligations in Malaysia. The main legislation governing the Malaysia immigration is the

Immigration Act 1959/1963.

In Immigration Act 1959/63 there are four part to cover the law of foreign worker in Malaysia,

including preliminary of foreign worker, admission foreign worker into and departure from

Malaysia, permit foreign worker in Malaysia, such as endorsement of name of wafe and children

on Permits, Passes and Certificates, procedure on Arrival in Malaysia including aircraft arriving

in Malaysia, person not to board or leave vessel until examination completed, and then regulation

about the removal from Malaysia.

RIGHT OF FOREIGN WORKERS

The foreign workers is vital to Malaysia, they are contributed in the society and especially

economic growth of Malaysia. As we know, the shortages of labor in several sector can be

solved by the existence of foreign workers. The foreign wokers are allowed to be employed in

selected sector, this avoid disruption to the economic growth process.

On the other hand, expatriate in Malaysia, they play valuable role in enhancing national

productivity and competitiveness. The expatriate bring them knowledge, skill and experience

which synergize with local talents and enrich Malaysia labour force. Thus, for the foreign

workers that enter Malaysia legally, Malaysia should protect them according to the International

Labour Standard (ILO). The core labor standards according to ILO, those are:

a. Freedom of association refers to the workers are able to join trade unions that are

independent of government and employer influence.

b. The right to collective bargaining: workers may negotiate with employers collectively, as

opposed to individually.

c. The prohibition of all forms of forced labor includes security from prison labor and

slavery, and prevents workers from being forced to work under duress.

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d. elimination of the worst forms of child labor: implementing a minimum working age and

certain working condition requirements for children.

e. non-discrimination in employment means they have an equal pay for equal work.

Beside the core labor standard, Malaysia Government should protect the right of the foreign

worker based on the Malaysia Law. Several right those foreign workers have to get based on

Malaysia Law, including

a. Statutory benefits under the Employment Act 1955 such as payment of wages, hours of

work, shift work, overtime work, rest day, rest day pay, paid holidays, annual leave, paid

sick leave etc.

b. Social security coverage under the Workmen’s Compensation Act 1952.

c. Written contract of services stipulating the agreed terms and condition of employment.

d. Legal remedy through the Labour Court or Industrial Court System.

e. Enforce the terms and condition of service in the contract of service through the labour

court.

ISSUES AND CHALLENGES RELATING TO FOREIGN WORKER

In globalization era, the phenomenon international migration happened in each country of the

world. Indonesia's the largest country which has contribution generate labor migration.

Indonesian labor migrant also called by Tenaga Kerja Indonesia (TKI) leaves Indonesia's

country then choose Malaysia as the main destination labor migrant. The majority of Indonesia

labor migrant were lower-skilled or semi-skilled labor migrant which did occupied in Malaysia.

A lower-skilled employee is one who does operations that involve the performance of simple

duties, which require the experience of little of no independent judgment or previous experience

although familiarity with the occupational environment is necessary.

The unskilled employee may only need physical power and familiarity with goods. A semi-

skilled worker is one who does work generally of defined routine nature wherein the major

requirement is not so much of the judgment, skill and but for proper discharge of duties assigned

to him or relatively narrow job and where important decisions made by others. A semiskilled

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worker only work is thus limited to the performance of routine operations of limited scope. In

general foreign workers in Malaysia is divided into three main groups, such as

a. Documented labor migrants

Documented labor migrant means the labor worker enter with legally procedure and get a

valid visa (TEVP) from the Malaysian Department of Immigration. They have the right to

receive protection and benefit when has occupied in Malaysian countries by the Malaysian

labors law and regulation.

b. Expatriate

The expatriates are given work passes. The distinction is also extended to the terms and

conditions of their employment and the exercise of their basic rights such as the right to be

accompanied by their respective family members (dependents) while working in Malaysia.

The expatriates are assured a minimum monthly pay of RM2,500 and minimum tenure of

two years. In addition they are also allowed to take along their immediate family members.

c. Irregular labor migrants

The labor migrant has entering and working in Malaysia without any authorization by

Department Immigration Malaysia. Moreover the migrant usually never fulfill requirement

such as apply work permit, didn't have any identity from origin country to for them under

law, and vulnerable to exploitation and mistreatment.

According to International Organization for Migration (IOM), there are three main reasons

Malaysia's the main destination for Indonesian labor migrants. First, the general of demographic

and economic have imbalances between Malaysia and Indonesia. Second, Network of agencies,

sponsor, and work placement. The network of agencies has a vital resulting in the intensification

of the labor migrant to Malaysia. Third, The linguistic, cultural, and historic relationship between

two countries allow an easier working relationship between employers and Indonesia labor

migrant, compared with labor from other countries. However, The Indonesia labor who has

migrant to Malaysia usually didn't have any skill or knowledge to survive getting the

professional occupation, their majority doing dangerous, dirty, demeaning jobs, also called as 3D

Jobs It has usually conducting sector plantation, domestic, construction, and factory work which

a majority of citizens didn't want to take that occupied.

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Table 1.1: Demography of Indonesia Labour Migrant in Malaysia by Employment Sector

No Employment Sector Number and Proportion of Indonesian

Labour Migrant

1 Plantation 310,000 25,5%

2 Domestic Workers 294,000 24,2%

3 Construction 220,000 18,1%

4 Factories/Industry 200,000 16,5%

5 Services 100,000 8,2%

6 Agriculture 90,000 7,5%

Total 1,214,000 100%

Source: Indonesian Embassy in Malaysia (2005)

Malaysia is the biggest employer of migrant workers in South East Asia. Foreign workers are

one phenomenon that has long time occurred in Malaysia, the large number of foreign workers in

Malaysia is at result from the lack of availability of labor in Malaysia. This evolution of labor

force has been influenced by many factors, for example changes in population size and labor

force participation rate.

Table 1.2: Number of foreign worker in Malaysia by country of origin

(Source: Ministry of Home Affairs)

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Country Number of foreign worker

2010 2011

Indonesia 1,148,050 1,085,658

Nepal 280,063 290,302

India 155,293 173,621

Vietnam 97,721 125,894

Bangladesh 217,238 316,401

Myanmar 130,456 147,339

Philippines 23,238 26,713

Thailand 18,456 21,065

Others 53,953 31,376

Total 2,124,468 2,218,369


The issue of Indonesian workers in Malaysia is a very complex issue, with many aspects of the

conflict of interest. Work system, undocumented workers, and violence against the domestic

workers are the current Indonesian worker issue in Malaysia. The emergence a lot of Indonesian

labor issues caused by Malaysia has no legal framework or a particular law to protect workers

especially for domestic worker. Even worse, the Malaysian government has upheld

discrimination against housemaids and plantation workers, both of whom are excluded from the

newly-issued regulation on minimum wages.

Migrant workers have been objects of exploitation, physical abuse, violence and rape in line with

the emergence of care giving industries and the privatization of health care, which are part of the

neo-liberal capitalism which has damaged Malaysia’s economic system and raised inequalities

among Indonesian women migrant workers. Despite a Letter of Intent between Malaysia and

Indonesia has been sign in 2010, but in fact the protection of Indonesian labor in Malaysia is still

not realized its full potential, especially for the protection of domestic workers, it is because

there is no point-specific points that govern the protection of domestic workers that agreement.

Based on that there have a several issue coming up to the public, including in the sociality

problem, documented problem, and employment problem.

Undocumented Issues

Document is one of the important things beside knowledge or skill the Indonesia labor must have

it before doing the migrants. Documented of labor migrant consist of the identity labor such as

passport, visa, and work permit. The major issue of international migrant is the illegal labor

migrant also know as undocumented labor migrant. Foreign workers entered Malaysia illegally

or pendatang tanpa izin.

Undocumented labor is illegal law but legal or the right thing for some people to do it. recently,

the illegal or undocumented labor the major issue for the labor migrant because the labor migrant

can entrances to Malaysia by boot from Batam island, especially in Borneo such as Sabah and

Sarawak the Indonesia labor migrant easily to cross border the Malaysia gate, because of the

geographic between both country with one island. Moreover, For ASEAN citizen member

countries have admitter without visa for tourism purpose to entrance, by it will be making easily

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to migrant labor come in to Malaysia. In generally, the illegal labor migrants will be categories

such as:

a. who have entered the country without proper travel documents and outside authorised

port of entry.

b. Contract defaulters – foreign workers who have changed their work and employers

c. Over stayers, who may or not be in the workforce.

d. Visa abusers, such as those entering malaysia on student or tourist visas engaged in

employment.

e. Holders of counterfeit documents or forged endorsment of official document.

f. Holders of genuine documents obtained fraudulently.

g. Children of immigrants who births are not registered.

h. Refugees who failed renew their IMM13P passes (in the case of Sabah only)

According to the Institute for Ecosoc Rights there are five main factor led to labor migration

becoming the undocumented labor such as firstly, the complexity, impractically, costly, and

length of the time needed to be migrating as a regular or legal migration. Thus, it make the

Indonesia labor thinks better to migrant by undocumented migrants, even thought as a regular

migrant more safety that undocumented migrant. However, they consider as undocumented

migrant more beneficial than documented migrant, as long as their less expensive and more

practical, they will get the job.

Secondly, The Migration law of Malaysia places with a specific employer, thus the

undocumented labor when enter Malaysia have a independency to choose their employer and

type of occupied they did. Third, many labor migrant entrance to Malaysia as a regular labor,

there have an exploitative working conditions, physical and psychology abuse, sexual

harassment, and also non-payment of wages. Thus, it makes the labor migrant think it didn't any

differences between legal or illegal labor migrant.

Fourth, the memorandum of understanding between Indonesia and Malaysia allows for the labor

migrant document to be kipped by the employer. When their leave the employer which it has

make them loss the legal status as labor migrant as the workers. Unfortunately, lose the identity

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document such as passport. Lastly, the Indonesian labor migrant usually didn't know about

procedures of migration ad working condition In Malaysia. Lack of the information about

procedures and working condition have a become problem to renew their status as a labor.

In order to reduce the main issue the Malaysian government have been taken step that related to

the illegal foreign workers are almost similar with the other country that have some problems

with Malaysia, such as the United Stated of America, Australia and Canada. Malaysia will not

recognize the basic rights of illegal foreign workers; if they get caught they will be charged,

sentenced and later deported. However now Malaysia government have legalization program for

the illegal foreign worker, tis program held by Malaysia Home Ministry to decrease the number

of illegal foreign worker in Malaysia.

All illegal foreign workers must have their fingerprint taken and stored in the Malaysia

Immigration Database for future reference and also to make sure that the illegal foreign workers

someday do not re-enter or leave Malaysia under different names or passport. This program

known as 6P, those stand for:

a. Registration - to register information, other personal records and biometric data.

b. Whitening - to filter out every foreign workers registered through this program and

determine if there is a need to maintain them in a particular sector.

c. Forgiveness - if not listed for whitening, or illegal immigrants who voluntarily choose to

return to their home countries they will be forgiven and allowed back on their own costs

without incurring any form of action.

d. Monitoring - inspection to the employer's premises to give advice and at the same time

explain the implications of legal action if found protecting illegal workers that is not

registered with the 6P program.

e. Enforcement - integrated enforcement operations will be implemented on a large scale.

f. Expulsion - expelled from the country and will be blacklisted from re-entry into the

country.

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Social Issues

The social problem is a condition that at least some people in a community view as being

undesirable. There have many issues occur during in the sociality such as The language problem,

violence including the sexual harassment. Meaning that the social problem happened when

Indonesia labor migrants cannot be communication such as do not really understand the

Malaysian language or English language. The language problem issue among foreign worker is

not a new issue occurs in migration labors. Furthermore, language is the way of the person to

communication with another person, whether verbal or written. Thus, this is the phenomenon

issue of foreign worker in the global business.

Actually, The language between Malaysia and Indonesia almost the same just the pronunciation

or slang makes differences, sometimes there have the same word, but have a difference

meaning, Indonesian language that word have a good meaning, but Malaysian language have a

bad meaning. Based on that Indonesia labor migrant needs to learn Malaysian Language, because

from the simple thing can make big problem in sociality. Another social problem is

excommunication from the origin citizen, because of lack of the knowledge or skill a few of

Indonesian labor migrant do the wrong way to survival, such as become thief, robber, smuggling

goods. Thus it makes the first impression to Indonesian labor migrant has been worse, not only

that sometimes they feel some people view by side eyes, because the do the job which everybody

didn't want to take that occupied.

Employment Issues

The consistent of economic was impressive and sustain growth to develop country which to

develop country need to global employer. Thus, the policy government open place for the foreign

work in the dirty sectors such as construction, manufacturing, plantation, and domestic worker

service. To occupy that sector the Malaysian government allowed to recruitment of migrant labor

from another country who disposed get lower wages, where the Malaysian citizen didn't prepare

with that wages.

Based on the sector Indonesia labor migrant work there have an employment issue, including the

employer or agency keep passport of the foreign worker with reason to ensure their passport

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didn't loss or broke. According to the Immigration Act 1959/63, any passport of foreign worker

must be keep by their self. Thus, agency or employer who has kept passport of the employee

especially foreign worker it's already not follow the regulation of immigration act of

government.

a. Plantation Sector

The Indonesia labor migrant pace problem in this sector such as wages paid less than

agreed in the contract, having their passport retained by the employer, heavy workloads,

long working hours without compensation or rest, and they get a poor living condition.

b. Domestic Sector

Domestic worker is the most favorite jobs for the Indonesia labor migrant because of

Indonesia labor migrants dominant by female labor migrant. Domestic worker have

limited protection from Malaysian and Indonesia government polices as domestic work is

not covered by Malaysian labor law. The domestic worker issue that pace such as the

violence happened in the domestic workers not only the sexual harassment, but also

physical abuse such as having to sleep on the kitchen floors, or in storage rooms with no

ventilation, working eighteen-hours days have a few rest periods with not having

adequate meal, non-payment of wages or wages paid less then agreement. Furthermore,

their freedom of movement is often restricted.

c. Construction and Services Sector

Construction and services worker describe about the people doing hard job means do the

job by muscle than knowledge, such as build the apartment, build the bridge, or cleaning

service in mall or in the public toilet. The issue in the construction and services pace such

as the passport retain by employers, the work permit system, wages paid less then agreed

in the contract, being trafficking as sex worker, annual leave not granted.

Exploitation and Discriminatory Labor

The major issues occur to Indonesia labor migrant also the foreign worker who got some

exploitation and discriminatory of labor migrant worker, such as foreign worker get non-

payment of wages, moreover wages paid to foreign workers less than what was agreed in the

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contract. Foreign worker need to working with long hours without competition, rest and annual

leave. Moreover, foreign worker also didn't have a good condition poor living as usually.

Trafficking in Persons

Trafficking in persons is an inborn part of the problems facing Indonesian labour migrants, and is

partly responsible for the increase in irregular labour migration between the two countries.

Complaints to the Indonesian embassy in Malaysia concerning this declined, however, between

2005 and 2007. To date, the endorsement of Malaysia’s anti-people trafficking legislation has

not alleviated the crime of trafficking in persons, partly as a result of the need for a basic revision

of the main legislation on labour migrants by the Malaysian Government. Without amending the

legislation to protect labour migrants, it will be difficult to make meaningful progress in the

effort to resolve the problem of trafficking in persons. Little is known about the exact numbers

involved in trafficking because of the clandestine nature of trafficking. According to IOM’s

records of support from 2005-2009, Indonesian women and children are mainly trafficked into

domestic servitude, whereas men are mostly trafficked for plantation work.

Wage Manipulation

The foreign worker reported about their employer and agencies immediately deduct the cost of

their work permit from salaries. In fact, the foreign worker usually already paid for their work

permit in origin countries, meaning that they must be paying twice for the some permits.

Moreover, after a few month of got the first time salaries the foreign worker get some non-

payment or payment of salaries non on time as the contract.

Failure to Provide Contract

Failure to provide contract meaning the manipulate of the contract to the labor migrant, such as

while to assigning contract usually the employer given the renewal contract on the time when

the labor migrant will be going back to origin countries with the English language. Which they

may not be able to read, thus they don't any time to ask or understanding that contract. However,

the labor migrant didn't have any choice just assigning that contract. Unfortunately, that contact

contain about the salaries lower than before.

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Holding of Passports and Work Permit

The holding of passports and work permit by agencies who already support them migrant to get

job in other country already becoming phenomena nowadays. The agencies giving some reason

to the labor migrant to hold their passport and work permit, then just giving the copies to them it

will be make them safety for losses their passport. In fact, the agencies keep their passport to

ensure that worker did not leave. For holding passport and work permit will be making another

issue when the police have get introspection labor migrant.

Job Specification Differs With the Original Offers

In some instances, the labor migrant have reported their have a differences profession with the

original offers from the agent. The agencies offer to sector employment as a administration in

some multinational corporation, but when arrived in destination directly bring to the

manufacturing sector and placing them in construction worker.

Unreasonable Working Hours and Condition

The foreign worker have to work with long hours with a few breaks, performing backbreaking

labor or remaining on their feet the entire time, beginning very early in the morning and working

until late at night, and then they must work every day or the week. Moreover, they got the living

rooms with a poor condition such as living in the storage.

Physical and Verbal Abuse

The physical and verbal abuse always occur in the Indonesia labor migrant because they lack of

knowledge and lack of skill force them to do occupied dangerous, dirty, demeaning also called

by 3D jobs. Thus, it has usually got verbal or physical abuse from other people. For the verbal

abuse such they get the negative speak, and also physical abuse usually they get some beat, kick,

and punched to them, Moreover, The foreign worker have a get sexual harassment or hot iron put

in them bodies.

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The challenges Faced by Foreign Workers

The challenges faced by foreign worker especially for the Indonesia labor migrants when they

arrived in the Malaysia such as

Finding the Job

For the legal or illegal Indonesia labor migrant that has just arrived in destination country the

first time to think what job will be the get it. Furthermore, the legal labor may be easier than the

illegal labor, because they have agencies who already find their job. But for the illegal labor may

find occupied by offer own self with lowers wages, in other side they don't any skill or

knowledge anything so that why several illegal foreign worker get force from the employer.

Work Permit Application

After getting occupied, the second challenge to get the work permit from the destination country.

If lucky can get the corporate provided the paperwork for apply the work permit, and also the

corporate want to pay work permit to us.

Settling Down

After get the visa or work permit, the most important part is finding the affordable

accommodation based on income wages every month. Opening the bank account, sometimes the

officially bank need the over letter from the corporate to open account. It will harder for who

has working as a domestic which the employer didn't provide official letter. and also to choose

the transportation between using bus or buying the vehicle to support work in every days.

CASE STUDY

While the right and law for the Indonesia labor migrant already sign in by the Malaysian

government to protect them in labor sector. The limitation and barriers still occur to Indonesia

labor migrant to obtain fairness what acceptances from employer. In this case provide the

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violence and rape occur to the Indonesia labor migrant who reported by Indonesia embassy. This

case tells about the Nirmala Bonat as an Indonesia labor migrant doing a domestic worker, she

has got the physical abuse as long as on duty in the employer. Unfortunately, the evidence of

incident is often lost, thus it will be making complexity cases and delay in handling case through

legal channels. According to Amnesty International most cases take between 6 months and 2

years to solve in the Malaysian Court System (Amnesty International, 2010)

Case study 1: Nirmala Bonat

Nirmala Bonat, the daughter of subsistence farmers from West Nusa Tenggara, She was a

backbone of her parent for income housewifery. She has agreed to be recruited as a domestic

worker. She was sent to Malaysia in 2003, at that time she was a 19 years. Nirmala has employer

Ms Yim Pek Ha, she was began abusing Nirmala Bonat a few months after commencing

employment. After breaking a mug, Yim as a employer directly through boiling water on her.

Following this, each time Yim seemed displeased with Nirmala. She always attacked Nirmala by

using any object, such as a clothes hanger and an iron mug. Moreover, The seriously attacking

physical attack by Yim by scalding with a boiling water and being burnt by hot iron on her

breast.

Nirmala tried to run away from her employer's house by twice. Furthermore, she was not familiar

with surrounding and uncertain about where must to go, in other word, she made decision return

to employer's house. When the abuse became completely intolerable, Nilmala walked out again

with uncertain where to go. Fortunately a security guard came to her, and then delivery to police

station. Following this, Nirmala's employer, Ms Yim Pek Ha was arrested and Nirmala was

admitted to hospital for medical.

In May 2004, Yim Pek Ha was charged with four counts of voluntarily causing grievous bodily

harm, with prosecution demanding that Yim be sentenced to 20 years imprisonment for each

charger. However in July 2004, Malaysia's High Court, taking into account her asthma and high

blood pressure and child one year of age her care, it has allowed Yim to held under town arrest

with a bail of MYR 85,000 (USD 25,602) and on condition that she hand in her passport and

undertake not to employ any foreign domestic worker.

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Yim was absent from the first day of the hearing in July 2004, reportedly because she was

receiving treatment for asthma in hospital. The judge adjourned the case until the following day.

The next day, the hearing was adjourned for a further two months, resuming in September 2004.

The trial was not a clear case, as Yim had hired a very astute legal team who claimed that the

charges against Yim were defective and that there weakness in the reports of the night Nirmala

was found by the security guard.

Yim’s defense team even suggested that Nirmala could have in inflicted the injuries sustained on

herself. Furthermore, Yim’s defense lawyers tried to establish that Nirmala was suffering from

mental illness; however this was weakened by the testimony of expert witnesses, including a

consultant psychiatrist and other medical officers. At the trial, Nirmala’s testimony was also cut

short by Yim’s defense team who obtained a decision for the trial to be stood down after thirty

minutes. While her case was being heard in the Malaysian courts, Nirmala stayed in the

Indonesian embassy shelter in Kuala Lumpur.In November 2008, Yim Pek Ha was convicted

and sentenced to 18 years jail after being found guilty of three charges of grievous bodily harm

to Nirmala Bonat (The Star Online, 2008). Yim was acquitted of the fourth charge of breaking

Nirmala’s nose with a steel mug.

According to Section 326 of the Penal Code, each offence carries a maximum 20 years jail term

and fine or whipping. In December 2009, Yim’s sentence was reduced to 12 years by Malaysia’s

High Court. However, Nirmala filed a law suit against her former employer at the Malaysian

High Court Registry, seeking special damages for medical expenses, loss of earnings (MYR

28,545 – USD 8,597) and other expenses (MYR 10,616 – USD 3,198) as well as general

damages and costs (New Straits Times, 2010).

Another real case for Indonesia labour migrant about job specification differs from original offer

and agents to obtain proper work authorization.

Case study 2 : Hardiyanti

Hardiyanti was recruited in 2006, when she was 22 the agency promise to give job opportunities

in administrative support in multinational corporate. After three months of training in Indonesia,

her employer brought her to Malaysia. Hardiyanti said I had been filing computer work, as I had

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done in Indonesia. The nature of the job was inputting all the data. when arriving in Malaysia the

agency gives a differs specification job becoming a domestic worker. She fell wily to doing that

because already came to Malaysia. In addition to these office duties, she cleaned and did laundry

for her employer, often beginning her day before 6am and finishing after midnight. However, her

employer had brought her to Malaysia on a domestic worker visa, and she initially assumed that

her employer had obtained the correct permit for her.

In late 2007, she has learned that the immigration enforcement had raided the place where she

worked. They suspected that my employer was operating without a license. The employer began

to have her work from his house. Hardiyanti having feels doubt about whether the work I was

doing would jeopardize my position legally. She was felling not sure what she could do, going to

the Indonesian embassy, but she was scared to ask the embassy whether what my employer was

doing was legal or illegal. After around three or four months in the house, the agency ran away

from her employer.

The police came looking for the domestic worker at my employer’s house. They took the

employer down to the police station. The reason was that the domestic worker had no work

permit. She had been in Malaysia six months with no work permit yet. Because of this incident,

she really started to be fearful.

The police raided my employer’s house twice more, once during the day and once at night. At

the office, she would be getting calls from immigration enforcement, asking some questions

about her employer that she really couldn’t answer. Her employer started asking her to handle all

the files, and she became afraid that if there were any problems with any of the workers, she

would be implicated.

In August 2008, when she was at the Indonesian embassy to renew passports for three of the

workers placed by the agency, she asked about her own situation. She went directly from the

embassy to a shelter for domestic workers. In this case thee employers who fail to obtain proper

work authorization for their workers are likely to engage in other abuses, particularly

withholding of wages.

Based on that case

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CONCLUSION

Increasing economic growth in Malaysia is one of the interesting things for job seekers,

especially for immigrants. In malaysia foreign workers generally come from ASEAN countries

with the largest number of contributors to the workforce is Indonesia. Two-thirds of foreign

workers in Malaysia are from Indonesia who are mostly workers in the plantation sector and

constructions sector.

Foreign workers in Malaysia are protected by the law in force in Malaysia, legislation that

protects foreign workers which are Employment Act 1955 , Sabah labour ordinance and

Serawak labour ordinance (Sabah and Serawak state), Workmen's Compensation Act 1952,

Workers' Minimum Standards of Housing and Amenities Act 1990, Industrial Relations Act

1967, Trade Union Act 1959 , Occupational Safety and Health Act 1994, Wages Council Act

1947, and Immigration Act 1959/63.

Problems faced by the government of Malaysia is the illegal foreign workers, to reduce the

number of illegal foreign workers, the government malaysia do a legalization program for llegal

foreign workers. Many cases happen in Malaysia that involve the foreign worker, for the

example are cases taht happen tu Nurmala Bonat who experience the violance from her

employers and Hardayanti that does not get her permit to work in Malaysia as promised by the

employers.

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project csr

Documents

foreign workers culture

larger foreign workers

foreign country

number of indonesian

largest number of workers

coming of migrant workers

majority of indonesian

malaysia orders