Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Labour Inspection Convention, 1947 (No. 81) - Malaysia (Ratification: 1963)

Articles 3(2) and 5(a) of the Convention. Duties entrusted to labour inspectors and cooperation with other government services. The Committee previously noted that, since the 2010 amendments to the Anti-Trafficking People and Smuggling of Migrants Act of 2007, labour officers have assumed enforcement functions in this area. The Committee notes the information in the Government’s report that the enforcement role of labour inspectors in the Anti-Trafficking People and Smuggling of Migrants Act is limited to identifying elements of forced labour and trafficking in persons through inspection and other operation activities. The Government also indicates that it provides legal protection to all documented and undocumented foreign workers. The Committee requests the Government to indicate the measures taken to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to provide for the protection of workers in accordance with Article 3(1) of the Convention. It also requests the Government to provide detailed information on actions undertaken by labour inspectors when elements of forced labour or trafficking are detected, on the number of such cases and on their outcome after they are submitted to the competent authorities. The Committee further requests that the Government continue to provide information on actions undertaken by the labour inspectorate in the enforcement of employers’ obligations towards migrant workers, including those in an irregular situation, such as the payment of wages, social security and other benefits.

The Committee is raising other matters in a request addressed directly to the Government.