Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Migration for Employment Convention (Revised), 1949 (No. 97) - Malaysia - Sabah (Ratification: 1964)

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation which reads as follows:

Article 6, paragraph 1(b).  In its previous comments, the Committee drew to the attention of the Government the fact that the transfer of foreign workers working in the private sector from the Employees’ Social Security Scheme (ESS) to the Workmen’s Compensation Scheme was not in conformity with this provision of the Convention. A review of the two schemes had in fact shown that the level of benefits in case of industrial accident, provided under the ESS, is substantially higher than that provided under the Workmen’s Compensation Scheme. In this respect, the Committee notes with interest that the Government has reported that it is now contemplating a review of the present situation regarding the coverage of foreign workers under the ESS and that it is proposing amendments to the Social Security Act of 1969 in this regard. The Committee hopes that in its next report the Government will be able to indicate the progress made in amending the Social Security Act in order to ensure that foreign workers will receive an equal benefit, including workmen’s compensation benefits, to that paid to nationals, in conformity with this provision of the Convention. Please supply copies of the proposals made or the amended law, if adopted, in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.