Malaysia- 1st- Migrant workers

By Daniel Morris | 13. January 2026

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 1

HUMAN RIGHTS OBLIGATIONS

No.: G1.29

Action: Deliver BHR education and capacity building for state government agencies and businesses to improve enforcement.

Output Indicator(s):

  • Coverage of capacity building sessions successfully conducted at the state level for both the public and private sectors.
  • Scope of BHR issues covered affecting key stakeholders including women, children and youth, older persons, persons with disabilities, Indigenous Peoples, migrant populations, asylum-seekers, refugees, stateless communities, undocumented groups, and other marginalised communities.

Collaborative Partner(s): BHEUU; SUHAKAM; related federal agencies; State Governments

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.4

Action: Streamline case management in the Industrial Court.

Output Indicator(s):

  • Average case disposal time in the Industrial Court is reduced, with updated case management protocols and procedures adopted that are informed by challenges faced by vulnerable groups including migrant communities.
  • Digital tools are utilised to enable cross-border litigation as necessary.

Collaborative Partner(s): KESUMA

FORCED LABOUR, CHILD LABOUR, AND OTHER FORMS OF LABOUR EXPLOITATION

No.: L1.6

Action: Strengthen the implementation of national laws related to public housing and migrant workers’ accommodations, such as the Workers’ Minimum Standards of Housing and Amenities Act 1990 [Act 446] and relevant provisions under the Local Government Act 1976 [Act 171] .

Output Indicator(s):

  • Operational relationships between federal and state agencies and local authorities are effectively aligned through enforcement operations, compliance reviews or joint inspections.
  • Evidence, insights and recommendations are developed based on a survey on Standard Operating Procedures (SOPs).

Collaborative Partner(s): KESUMA ; KPKT; State governments or authorities

No.: L1.7

Action: Address the implementation gaps related to recruitment agencies’ processes and prohibit the charging of recruitment fees or related costs to migrant workers in line with ILO standards.

Output Indicator(s):

  • Enforcement actions are taken against agencies violating recruitment regulations.
  • Up-to-date guidance on the Employer Pays Principle and zero-cost policy is developed for recruitment agencies (and their business partners) and workers.

Collaborative Partner(s): KESUMA

No.: L1.8

Action: Review bilateral agreements or Memorandums of Understanding (MOUs) with countries of origin to include enhanced provisions related to the rights, benefits, and welfare of migrant workers and ensure responsiveness to labour market requirements.

Output Indicator(s):

  • Increase the number of multistakeholder consultations informing bilateral negotiations, ensuring the inclusion of CSOs and workers’ rights advocates.
  • Summary of signed MOUs are published for existing and new agreements.

Collaborative Partner(s): KESUMA

No.: L1.9.

Action: Facilitate documentation for children of migrant workers whether through facilitating safe access to birth registration processes or a joint documentation exercise with the relevant diplomatic missions for undocumented children.

Output indicator(s):

  • Policies or procedures are adopted that enable safe and non-discriminatory access to documentation services for migrant children.
  • Number of migrant families assisted in safely accessing national birth registration services for their children.

Collaborative partner(s): MOHA; National Registration Department

UNGP PILLAR 2

No.: L2.5

Action: Adopt fair recruitment practices expected by the global marketplace in line with the ILO General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs. Responsibilities of businesses in this respect include not charging recruitment fees or related costs to migrant workers; engaging only with licenced and compliant recruitment agencies; providing workers with written contracts; ensuring decent living and working conditions; and overall complying with labour laws and international labour standards.

No.: L2.10

Action: Do not retain migrant workers’ passports, contracts or other identity documents, and respect their freedom to leave, change employment or to return to their countries of origin.

UNGP PILLAR 3

No.: L3.1

Action: Clarify the law to ensure that State-led judicial and nonjudicial complaint and grievance mechanisms can act on grievances from all workers, irrespective of nationality or legal status.

Output Indicator(s):

  • Procedural laws (e.g. KESUMA Employment Act 1955, Industrial Relations Act 1967) are reviewed to reflect that all workers including migrant workers, seeking redress for workplace grievances are able to easily access these mechanisms through the Department of Labour or the Department of Industrial Relations.
  • The right to access remedy is further strengthened through the provision of the right to stay and work in Malaysia during the complaints process as well as interpretation services to support access to due process.

Collaborative Partner(s): KESUMA

No.: L3.3

Action: Enhance the capacity of State grievance-handlers to effectively mediate and address grievances received from workers, including migrant workers and young workers and children.

Output Indicator(s):

  • Increased number of effective trainings at the state level on mediating and addressing worker grievances, with clear learning outcomes.

Collaborative Partner(s): KESUMA; State authorities

No.: L3.11

Action: Launch nationwide worker socialisation and engagement programmes that aim at building worker confidence and trust and encourage the use of non- State and non-judicial grievance mechanisms.

Output Indicator(s):

  • Engagement programmes are organised across Malaysia, starting with high-risk sectors.
  • Engagement programmes have considered specific invisible barriers faced by women, migrant workers, persons with disabilities, young workers and children and other vulnerable communities including language, norms, cultural traditions, and social or gender-linked vulnerabilities.

Collaborative Partner(s): KESUMA; State agencies; businesses; IGOs

No.: L3.12

Action: La Increase social support and interventions for vulnerable migrant and refugee workers, including young workers and children, experiencing domestic violence and labour exploitation.

Output Indicator(s):

  • Access to social support in the form of counselling, legal aid and shelter is increased among migrant and refugee workers, as well as young workers and children.

Collaborative Partner(s): KESUMA; State agencies; businesses; IGOs; labour and children’s rights advocates