Malaysia- 1st- Workers’ rights

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.1

Action: Conduct a study that addresses the gaps between labour laws and national policies, and international labour standards including challenges faced by the government and businesses on ratifying international conventions

Output indicator(s):

• Provide evidence, insights and recommendations on Conventions below:
• C87 – ILO Freedom of Association & Protection of the Right to Organize Convention, 1948;
• C97 – ILO Migration for Employment Convention (Revised), 1949;
• C189 – ILO Domestic Workers Convention, 2011; C
• 190 – ILO Violence and Harassment Convention, 2019;
• ICESCR.

Collaborative partner(s): KESUMA

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.2.

Action: Align the Employment Act 1955 [Act 265], the Sabah Labour Ordinance [Cap 67] and the Labour Ordinance Sarawak [Cap 76] on the issue of forced labour, consistent with ILO Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29).

Output indicator(s):

• Multistakeholder consultations are organised to support the legislative harmonisation process.
• Legal provisions are revised or introduced that ensure all three labour laws equally address the prevention and protection against forced labour and the provision of remedy.

Collaborative partner(s): KESUMA; State governments and agencies

No.: L1.3

Action: Enhance protection of the rights of workers, including the participation of workers in trade unions, to guarantee decent work, social protection, training opportunities and job security in the Just Energy Transition.

Output indicator(s):

• Tripartite dialogues are convened to address human and labour rights challenges related to the Just Energy Transition.
• Revisions to labour rights protection frameworks are proposed that consider transition-related impacts.

Collaborative partner(s): KESUMA; Ministry of Energy Transition and Water Transformation (PETRA); energy sector; trade unions.

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

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.: L1.8

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

SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.10

Action: Strengthen social security initiatives for all workers and make self-employment insurance schemes mandatory through automatic subscriptions for workers in the informal or gig sector.

Output Indicator(s):

• Increased number of informal or gig workers contributing to the Employees Provident Fund (EPF) and enrolled in a self- employed scheme under Social Security Organization (SOCSO).

Collaborative Partner(s): KESUMA

No.: L1.11

Action: Enhance the protection of gig workers from unfair labour practices, through the enactment and implementation of a Gig Workers Bill.

Output Indicator(s):

• Legal or regulatory KESUMA reform measures are enacted to address labour vulnerabilities of gig workers.
• Basic worker rights are secured in the form of social security benefits such as health insurance and retirement plans, work injury compensation, the right to unionise and collectively bargain and anti- discrimination protections.

Collaborative Partner(s): KESUMA

No.: L1.12

Action: Promote equitable access to employment for vulnerable workers including women, persons with disabilities and older persons.

Output Indicator(s):

• Engagement sessions with vulnerable workers are organised to identify targeted solutions that increase their access to a living wage, nondiscriminatory career promotions and other work benefits.

Collaborative Partner(s): KESUMA, KPWKM

No.: L1.13

Action: Provide financial and technical support for the professionalisation of trade unions.

Output Indicator(s):

• Number of trade KESUMA unions receiving financial and technical support to enhance their skillsets for them to represent their members more effectively.

Collaborative Partner(s): KESUMA

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.: L2.6

Action: Adopt good labour practices expected by the global marketplace including standards set by the ILO, IOM and UNICEF. Companies are encouraged to join industry- or sector-specific collectives or associations that proactively subscribe to international human rights standards and provide certification or support services to their members to achieve those standards.

No.: L2.9

Action: Promote the implementation of the minimum wage and encourage the provision of a living wage – in line with international guidance by ILO – as a matter of corporate responsibility and commitment, alongside family-friendly policies and other employment benefits (including annual and medical leave, health coverage, and employment injury insurance) among the company’s suppliers and business partners.

No.: L2.11

Action: Promote the meaningful and active participation of workers, trade union representatives, and civil society actors in social dialogue, company-led sustainability initiatives, multistakeholder engagements, and social audits. Their selection should be conducted through transparent and fair processes to ensure credibility and effectiveness. Businesses must also safeguard against any form of reprisals for their participation.

No.: L2.12

Action: Demonstrate that no restrictions, penalties, sanctions or any other forms of retaliation or reprisal are imposed on or taken against workers for joining and participating in a trade union of their choice. This means genuinely safeguarding workers’ fundamental right to freely associate and organise without fear of discrimination, harassment or unfair treatment by employers.

• UNGP PILLAR 3

No.: L3.2

Action: Establish an industry-based funding mechanism for purposes of worker remediation in cases of violations of the ILO Indicators of Forced Labour.

Output Indicator(s):

• Tripartite engagement sessions are convened to develop and pilot a sectoral compensation scheme for high-risk sectors.

Collaborative Partner(s): KESUMA business association; trade unions

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.: L3.4

Action: Publish labour rights KESUMA grievances received by State-led judicial and non-judicial mechanisms on a regular basis.

Output Indicator(s):

• A database of grievances and their outcomes is developed and publicised and made easily accessible.
• Information is updated regularly and the data disaggregated by key labour factors such as gender, age, nationality, and employment status.

Collaborative Partner(s): KESUMA

No.: L3.5

Action: Produce national guidelines containing a common standard to be met for the remediation of worker grievances concerning the types of labour rights violations.

Output Indicator(s):

• Standard guidelines are developed, applicable to all sectors, in line with international standards.
• The national guidelines developed are disseminated widely among workers in all sectors.

Collaborative Partner(s): KESUMA; business associations; trade unions

No.: L3.7

Action: Establish grievance mechanisms with the active participation of workers, centring gender and diversity in the formation of grievance committees or departments and related remediation processes.

Output Indicator(s):

• Grievance mechanisms are established or revised to include workers in the design and application.
• Adequate and up-to-date anti-discrimination and gender sensitivity training for all personnel are conducted, especially those handling grievances and remediation processes.
• Independent, gender-sensitive investigations of violations are provided, addressing gender-linked power imbalances during dispute resolution processes.

Collaborative Partner(s): Businesses

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: 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