LABOUR exploitation issues in Malaysia have been put in the spotlight recently, being a country that employs nearly two million migrant workers on its plantations, factories and construction sites.

Some of the issue that arises in labour exploitation varies from high recruitment fees, facing poor living conditions, mistreatment by managers, outstanding salaries and unlawful overtime.

Furthermore, workers that have been living in poor conditions only started gaining attention from relevant authorities when the COVID-19 outbreak in the factories began, causing investigations to be launched into the workers’ accommodations.

The issue of labour abuse become globalised when the US Customs and Border Protection (CBP) had banned products made by those industrials involved in such allegations.

Regardless of its effect on Malaysia’s economy, the country should have taken proactive measures to tackle this issue as it involves the rights and liberty of one.

Rights in jurisprudence

What are rights?

Sir John Salmond defined a legal right as an interest that is protected and recognised by the law.

This is further explained by John Chipman Gray as a power to make persons do or restrain from doing a certain act, right is the means to enjoy the interest secured.

John A. Ryan in The Living Wage said this right belongs to the individual and its primary end is the welfare of the labourer.

His definition of rights for labour is derived from natural law, which exists in nature.

As a result, regardless of nationality or social status, everyone is entitled to his or her natural right to a living wage and a sufficient rest day.

Rights of Labour

Furthermore, despite being prohibited by international law and most domestic jurisdictions, debt bondage remains one of the most common forms of modern slavery in the world.

Debt bondage is a type of slavery in which victims borrow large sums of money to pay high recruitment fees to their traffickers for jobs abroad.

Later, their passport gets taken away and they are forced to work under contract until they could pay off their debts.

The judiciary has defended the right to contract liberty as codified in statute and case law.

This was further supported by the jurist Pope Leo III who further stressed the point that labour has their own individual right to a living wage.

In his famous Encyclical Rerum Novarum, workmen and employers should make free agreements and in particular, freely agree to wages.

If the workman accepts harder conditions because an employer or contractor will not give him better, he is the victim of coercion and injustice.

Nature of rights

There was an interesting debate about the nature of rights between professor HLA Hart and Neil MacCormick, where Hart defined that rights are legally protected choices while MacCormick argued that rights will protect certain interest of one.

According to Hart’s point of view, a right is enshrined in a legal rule and any individual has the option of exercising his right.

The law is explained in correlative terms provides that when one party has a right, the other party has a corresponding duty.

As a result, when one exercises his right, he chooses whether or not to enforce a rule of law.

In the current issue of labour exploitation which relates to a civil matter, the employee has a right to claim for their rights for instance claiming overdue wages from his employer as the employer owes him a duty in paying him remuneration.

Position in Malaysia

Consequently, Jeremy Bentham believes that the rights consist of those rights given by law.

In Malaysia, the labours’ right was enshrined in the Malaysia Employment Act 1955 which include benefits and protection for their rights.

There are provisions of wages in Part III for the wage period and time of payment of wages to employees.

Besides, provisions of rest days and working hours were included under Part XII as well as penalties for non-compliance with the Act.

The employer must meet their obligations by paying wages and providing benefits for their employees’ hardship.

This would comply with the rights granted in jurisprudence and statutory obligations imposed on them.

Conversely, the allegation of labour issues in Top Glove and Goodyear Malaysian not only deprives the labourers’ right to wages and freedom but also affects their reputation and economic interest.

Malaysia has a clear position on this issue when slavery and forced labour were banned under Article 6 of the Federal Constitution and also ratified the Forced Labour Convention in 1957.

Recently, Human Resources Minister Datuk Seri M. Saravanan made a statement stating that Malaysia is willing to enter into strategic cooperation with the US to address forced labour issues.

Immediate attention is required to comply with global commitment in environmental, social and governance (ESG) as the scenario indicates that companies that are accused of engaging in forced labour practices and modern slavery in the supply chain will be excluded by global businesses.

In my opinion, regardless of external factors such as economic and political reasons, labour rights arise naturally and are fundamental to maintaining the prosperity and welfare of the whole society.

In a nutshell, the rights of workers should be protected as the philosophy behind the entire action is based on the individuals’ natural right.

It was also protected under the enactment of domestic law.

Hence, a significant and crucial step toward addressing the issue of labour exploitation must be taken, as loopholes in the existing law and a lack of enforcement allow employers to coerce workers especially foreigners into forced labour. – Nov 25, 2021

Wong How Yee is a third-year law student at Universiti Kebangsaan Malaysia (UKM) and Dr Nabeel Mahdi Althabhawi teaches law at the same university.

https://focusmalaysia.my/labour-exploitation-in-malaysia-rights-and-liberty/