Fundamental Rights of Domestic Workers in Malaysia: Special Reference to the Employment Act 1955 and International Labour Organization Convention (ILO) No. 189

Adi, Mohd Nazir Mohd; Noor, Haris; Kamaruddin, Nor Kamariah

doi:10.1166/asl.2017.7659

Cited by 2 publications

(2 citation statements)

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“…It is noteworthy that as of June 1, 2021, domestic workers, who are predominantly women, have been brought under the purview of the Employees’ Social Security Act (Act 4) and the Employment Insurance System (Act 800). Nonetheless, despite their inclusion under the Employment Act of 1955, legal entitlements pertaining to paid leave, rest days, working hours, break hours, and maternity protection do not apply to this group [ 49 ].…”

Section: Background: Migrant Populations In Malaysiamentioning

confidence: 99%

COVID-19 and migrants: lessons for pandemic preparedness from the Malaysian experience

Verghis

2023

Global Health

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Background Aligning with global evidence related to migrants and COVID-19, the pandemic highlighted and exposed long-standing structural inequities in the context of migrant populations in Malaysia who experienced a disproportionate level of exposure to SARS-CoV-2 and COVID-19 morbidity, as well as exacerbated precarity during COVID-19 owing to disruptions to their livelihoods, health, and life. Main body Focusing on COVID-19 and migrant workers in Malaysia, this review addresses two research queries: (i) what are the policy responses of the government toward migrants with regard to COVID-19? (ii) what are the lessons learned from the Malaysian experience of COVID-19 and migrants that can inform pandemic preparedness, especially regarding migrant health policy? The review used Arksey and O’Malley’s methodological framework refined by Levac, Colquhoun, and O’Brien. In addition to the PubMed, Web of Science, Scopus, and EBSCO databases, and Malaysian English language newspapers, including the Malay Mail, Malaysiakini, and the New Straits Times, the search also included reports from the websites of government ministries and departments, such as the Immigration Department, Ministry of Human Resources, Ministry of Health, and the International Trade and Industry Ministry. Conclusion Using the case example of Malaysia and the policy approach toward migrant populations in Malaysia during the height of the COVID pandemic in 2020 and 2021, this paper unravels complex pathways and inter-linkages between the contexts of migration and health which coalesced to engender and exacerbate vulnerability to disease and ill-health for the migrant workers. The lack of coordination and coherence in policies addressing migrant workers during the pandemic, the normalization of cheap and disposable labor in neoliberal economic regimes, and the securitization of migration were key factors contributing to the failure of migration policies to provide protection to migrant workers during COVID-19. The review suggests that policy approaches embodying the principles of Health in All Policies, a whole-of-society approach, and the promotion of safe, just, and regular migration, predicated on equity and inclusion, are integral to a comprehensive and effective response to pandemics such as COVID-19.

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Section: Background: Migrant Populations In Malaysiamentioning

confidence: 99%

COVID-19 and migrants: lessons for pandemic preparedness from the Malaysian experience

Verghis

2023

Global Health

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“…As a result, this legislation does not protect domestic workers’ basic rights such as the rights to get paid leave, rest hours, maternity protection and so on. As such, the domestic workers in Malaysia cannot insist their employers include terms of these basic rights into their contracts (Adi et al, 2017). The amendment of the Labour Law 1996 of Jordan in 2009 recognized domestic workers as labourers.…”

Section: Legal Regulation To Improve Domestic Workers’ Rights In Bangmentioning

confidence: 99%

‘It isn’t “help,” it’s work’: Legal regulation of domestic work in Bangladesh

Rahim

Islam²

2018

Common Law World Review

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Although many households in Bangladesh employ domestic workers, these workers remain outside any legal regulation framework. By evaluating the country’s legal context, this article reveals that existing legal provisions for domestic work are extremely limited and insufficiently safeguard workers’ rights. A new regulation is necessary; this article details the essentials of such legislation. The proposed legislation involves a stakeholder initiative to transform the existing manipulative dependency relationship to a more equitable relationship between the domestic workers and their employers.

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Fundamental Rights of Domestic Workers in Malaysia: Special Reference to the Employment Act 1955 and International Labour Organization Convention (ILO) No. 189

Cited by 2 publications

References 0 publications

COVID-19 and migrants: lessons for pandemic preparedness from the Malaysian experience

COVID-19 and migrants: lessons for pandemic preparedness from the Malaysian experience

‘It isn’t “help,” it’s work’: Legal regulation of domestic work in Bangladesh

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