Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Malaysia (Ratification: 1997)

Article 3(2) of the Convention. Determination of hazardous work. In its previous comments, the Committee noted the Government’s indication that the Labour Department would hold consultations with the relevant authorities, such as the Department of Safety and Health, in order to determine the types of hazardous work to be prohibited to persons under the age of 18, pursuant to section 2(6) of the Children and Young Persons (Employment) Act of 1966 (CYP Act) as amended in 2010.

The Committee notes with interest the Government’s information in its report that the Department of Occupational Safety and Health has developed a list of types of hazardous work prohibited to young persons under the age of 18 years after consultations with the National Council of Occupational Safety and Health, consisting of representatives of workers’ and employers’ organizations. It also notes the Government’s indication that the list includes: work with machines; work exposed to physical, chemical and biological hazards; and work of a hazardous nature such as construction, timber industry, offshore and water-related activities. The Government further indicates that the list will be incorporated into the amended version of the Occupational Safety and Health Act which is currently undergoing due legal process before being gazetted. The Committee urges the Government to take the necessary measures, without delay, to ensure that the list of types of hazardous work prohibited to young persons under the age of 18 years is adopted in the near future. It requests the Government to provide information on the progress made in this regard as well as to provide a copy, once it has been adopted.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that section 2(2)(a) of the CYP Act allows children to be employed in light work which is suitable to their capacity in any undertaking carried on by their family, but observed that no minimum age for admission to light work had been specified. It noted the Government’s indication that the CYP Act was undergoing revision in order to incorporate a minimum age of 13 years for light work activities.

The Committee notes the Government’s information that the revised CYP Act which contains provisions establishing a minimum age of 13 years for light work activities is undergoing the due legal process and is expected to be tabled by October 2018. The Committee expresses the firm hope that the revised CYP Act, which establishes a minimum age of 13 years for light work activities, will be adopted in the near future. It requests the Government to provide information on the progress made in this regard.

Labour inspection and application of the Convention in practice. The Committee previously noted the statement of the International Trade Union Confederation (ITUC) that child labour in Malaysia can be found primarily in rural areas in agriculture, where children often work along with their parents without receiving a salary. In urban areas, children work in restaurants, shops and small manufacturing units usually owned by family members.

The Committee notes the Government’s information that in Malaysia, it is common that children accompany their working parents after school hours, both in rural and urban areas, primarily because of the need to provide care for children as well as the need for parents to continue working to earn more income. Hence, the act of having children in the parents’ workplace does not necessarily mean that the children are subjected to child labour.

The Committee further notes the Government’s indication that the labour inspectors are undergoing regular training on monitoring of child labour which includes training and better understanding of the provisions related to child labour under the CYP Act and other related legislation in order to enable them to identify child labour. It also notes from the Government’s report that the Labour Departments of Sabah and Sarawak conducted 7,905 and 6,154 statutory inspections on child labour, respectively, and identified two cases of non-compliance with regard to section 6 of the CYP Act (hours of work of young persons). Both the cases were brought to prosecution and a fine of 2,000 Malaysian ringgit (MYR) each was imposed on the employers. The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspectorate, and to continue providing information on the number and nature of violations relating to the employment of children detected by the labour inspectorate. It also requests the Government to continue to take the necessary measures to ensure that persons who violate the CYP Act and other related legislation on the employment of children, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. Lastly, it requests the Government to provide information on the situation of working children, including data on the number of children and young persons below the minimum age of 15 who are engaged in child labour, and information on the nature, scope and trends of their work. To the extent possible, this information should be disaggregated by age and gender.