FIRSTLY, congratulations to M. Kulasegaran on his appointment as Human Resources Minister. For the first time in Malaysian history, a strong advocate of labour rights has been appointed minister for Human Resources. Having worked in the private sector for over 30 years, I would like to highlight some pertinent issues which the new minister needs to tackle.
1. Revive the duties of principal employer: Originally, migrant workers were employed directly by the principal employer but this started to change in 2005 when the Cabinet Committee on Foreign Workers, in a meeting on July 5 of that year, agreed to the recruitment of foreign workers through outsourcing companies (now known as “Contractor for Labour” in the amended Act). Strangely, however, the outsourcing licences are issued by the Home Affairs Ministry and not the Human Resources Ministry. The establishment of outsourcing companies allowed for the re-emergence of the old contract system, resulting in a direct assault on the basic foundation of labour rights, the undermining of the dignity of workers, and perpetuation of the operation of dehumanised and bonded labour. The practice, which started with migrant workers, was then extended to local workers, some of whom are not given EPF and Socso coverage. There is a need to repeal the provisions that deny principle ownership and responsibility of employers towards the wellbeing of their workers.
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