Perceptions of the Rights and Welfare of Foreign Workers in Peninsular Malaysia

Abstract

The Malaysian government has implemented numerous policies and laws to regulate and monitor the employment of foreign workers in the country. This study examines key issues related to relevant labour laws in Malaysia addressing the welfare and rights of foreign workers, primarily workers’ wages and deductions, levy and repatriation costs, insurance and medical benefits, passport retention, discrimination by employers and access to complaint mechanisms. Secondly, this study draws on several survey findings that indicate the existence of forced labour indicators that may amplify the vulnerability of foreign workers to abuse and exploitation. A survey was conducted to obtain perspectives on the rights and welfare of foreign workers in Peninsular Malaysia using a convenience sampling approach to collect relevant data. The study was undertaken among foreign workers with Visitor’s Pass (Temporary Employment) (Pas Lawatan Kerja Sementara, or PLKS) and employers of PLKS holders. The survey findings suggest that several aspects of foreign workers’ rights and welfare are not effectively protected, with some indicating the presence of forced labour indicators. In addition, two other findings are highlighted to indicate further the areas in which there is a lack of protection for the rights and welfare of foreign workers. The study provides several recommendations and suggests further qualitative studies to gather in-depth perspectives of foreign workers and employers. The findings can help develop effective policy and legal intervention strategies to improve the rights and welfare of foreign workers in Malaysia.