#Human Resources #Employer

Should Foreign Workers Live Where They Work?

Mohamad Danial bin Ab Khalil
by Mohamad Danial bin Ab Khalil
Nov 27, 2021 at 11:50 PM

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Johor Indian Muslim Entrepreneurs Association Secretary, Hussein Ibrahim, said that allowing foreign workers to reside away from their employment will cause social problems and increase company costs.

Hussein said that Indian Muslim eateries prefer to keep their employees on the second floor since it is easier to manage and more cost-effective.

"If we house them in other locations, they may decide not to come to work and flee without a trace, which ultimately could only lead to more social issues for locals and the government," he stated.

Hussein was referring to the recent amendments to the Workers' Minimum Standards of Housing and Amenities Act 1990 (Act 446). According to him, businesses have only just begun to recover from Covid-19 pandemic restrictions. 

He said that the government must consider that there are not enough foreign workers since most had returned at the beginning of the pandemic. 

Hussein also said that restaurant owners offered all necessities to their foreign workers, which included safe accommodations.

construction workers
The amendments to Act 446 ensure that all foreign workers must have proper accommodation.

"We've made sure there's adequate personal space between workers, a minimum capacity in every room, sanitised amenities, as well as a separate laundry rack," he said.

 

Why Act 446 amendments are important

President of the Malay Chamber of Commerce Malaysia, Abd Halim Husin, said Act 446 amendments are critical in preventing infections.

He said that there were cases of foreign workers who work in different shifts sharing the same bedroom, which is not hygienic and does not meet the human rights standards. 

He added that employers could also help decrease the risk of infection spreading to the local community by providing them with proper housing. 

Recently, the government announced that it is planning to amend laws and add stricter provisions to ensure minimum standards for workers' housing, comparable to the now-defunct Emergency Ordinance.

This includes the authority to require employers to replace, change, or enhance facilities if they are found to be inadequate.

 

Amendments to the Workers' Minimum Standards of Housing and Amenities Act 1990 (Act 446)

Under act 446, the SOPs include:

  1. Providing facilities for washing and sanitising hands

  2. Conducting cleanliness and disinfection practices in common areas.

  3. Avoiding group activities

  4. Ensuring social distancing of at least 1 metre between workers

Companies that do not comply with the Workers' Minimum Standards of Housing and Amenities Act 1990's recent amendments (Act 446) could face a maximum fine of RM50,000.

The Human Resources Minister stated that worker housing placed either within or outside of construction sites must fulfil three primary aspects:

  • Safety

  • Cleanliness

  • Comfort

The employer must also provide enough space for the residents and comply with rules and regulations. If they do not comply with the standard operating procedures (SOPs) under Act 446, they could be fined up to RM50,000.

Before the amendments, Act 446 only covered the mining and plantations sectors larger than 8.09ha. The amendment has extended the act to protect the worker's housing in all industries across Malaysia.

 

Source: The Star

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