Rights of Migrant Workers under Malaysian Employment Law

• Author: Zuraini Ab Hamid - Siti Fazilah Abdul Shukor - Ashgar Ali Ali Mohamed
• Position: Assistant Professor at International Islamic University Malaysia ('IIUM'). Ph.D. in Law (IIUM) - Ph.D. candidates at International Islamic University Malaysia; Lecturer at Universiti Tunku Abdul Rahman. MCL (IIUM) - Professor at International Islamic University Malaysia. Ph.D. in Law (UPM)
• Pages: 359-360

Migrant Workers in Malaysia 359

XI JEAIL 2 (2018)

Zuraini Ab Hamid

∗

& Siti Fazilah Abdul Shukor

∗∗

&

Ashgar Ali Ali Mohamed

∗∗∗

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 trafcking’ by the Malaysian

authority. This paper identies 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.

Keywords

Migrant Worker, Forced Labour, Human Trafcking, Exploitation, Malaysia

Rights of Migrant

Workers under Malaysian

Employment Law

∗ Assistant Professor at International Islamic University Malaysia (“IIUM”). Ph.D. in Law (IIUM). ORCID: https://orcid.

org/0000-0001-7829-8714. The author may be contacted at: zurainihamid@iium.edu.my/ Address: Ahmad Ibrahim

Kulliyyah of Laws, International Islamic University Malaysia, 50728 Kuala Lumpur, Malaysia. This research was

supported by the International Islamic University Malaysia Research Initiative Grant Scheme (RIGS17-015-0590).

** Ph.D. candidates at International Islamic University Malaysia; Lecturer at Universiti Tunku Abdul Rahman. MCL (IIUM).

ORCID: https://orcid.org/0000-0003-3504-4102. The author may be contacted at: sitifazilah@utar.edu.my/ Address:

Faculty of Business and Finance, Jalan Universiti Bandar Barat, 31900, Kampar, Perak, 31900, Malaysia.

*** Professor at International Islamic University Malaysia. Ph.D. in Law (UPM). ORCID: https://orcid.org/0000-0003-3468-

0115. The author may be contacted at ashgar@iium.edu.my/ Address: Ahmad Ibrahim Kulliyyah of Laws, International

Islamic University Malaysia, 50728 Kuala Lumpur, Malaysia.

DOI: http://dx.doi.org/10.14330/jeail.2018.11.2.05

NOTES & COMMENTS