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
SUMMARY

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... (see full summary)

 
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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 Malaysias 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
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