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Employment Service Convention, 1948 (No. 88) - Malaysia (RATIFICATION: 1974)

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Malaysia (ratification: 1974)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1, 3 and 6 of the Convention. Contribution of the employment service to employment promotion. The Committee welcomes the information provided in the Government’s report on the application of the Convention. The Government reports that it provides a free public employment service through JobsMalaysia, an online system of the Ministry of Human Resources that aims to improve occupational mobilization and ensure the optimization of the workforce through systematic job-matching (Article 6). JobsMalaysia provides jobseekers with career counselling and information regarding job vacancies, as well as advertising vacancies notified by employers. It also holds regular job fairs and open interviews, as well as awareness-raising activities in collaboration with educational institutions and other government agencies, such as the Education Service Commission Malaysia and the Public Service Department, among others. The Government reports that, as of July 2019, there were 16 JobsMalaysia centres and 69 JobsMalaysia points of service have been established, with 146 staff throughout the country. During the period covered by the Government’s report, JobsMalaysia received 287,287 applications from jobseekers, notified 693,796 vacancies, and placed 49,789 persons in employment. The Committee notes that, in its supplementary report, the Government indicates that in response to the COVID-19 pandemic, the Ministry of Human Resources (MOHR) through the Social Security Organization (SOCSO) has introduced the website www.myfuturejobs.gov.my to allow unemployed persons to access the various job initiatives available. Other services include job placement, career counselling and Active Labour Market Programmes. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee requests the Government to continue to provide detailed, up-to-date information regarding the nature, scope and impact of the activities conducted by JobsMalaysia, as well as on the manner in which the Government ensures the best possible organisation of the employment market. The Committee also requests the Government to continue to provide information on the various measures adopted to address and mitigate the negative impact of the COVID-19 pandemic on the labour market. The Government is further requested to continue to provide updated statistical data on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the offices, disaggregated by age and sex.

Articles 4 and 5. Participation of the social partners. The Government indicates that it conducts monthly programmes with the active involvement of the Malaysia Employers Federation and the Malaysian Trades Union Congress, such as graduate employability programmes, outreach programmes and programmes concerning job opportunities for groups in vulnerable situations. It adds that this process enables these organizations to provide their comments and suggestions aimed at further improving the operation and development of JobsMalaysia. The Committee recalls that Articles 4 and 5 of the Convention require that suitable arrangements be made through advisory committees for the co-operation of representatives of employers and workers in the organization and operation of the employment service and in the development of employment service policy. The Committee requests the Government to communicate further information regarding the manner in which it ensures co-operation and consultation with representatives of employers’ and workers’ organizations in the organisation and operation of the employment service as well as in the development of employment service policy. It further requests the Government to provide information on measures taken or envisaged to establish advisory committees at the national, regional and local levels as envisaged in Article 4(2) of the Convention.

Articles 7 and 8. Employment measures targeted to the needs of particular categories of applicants for employment. The Committee notes that the programmes conducted during the reporting period include programmes for persons belonging to disadvantaged groups. The Committee requests the Government to provide updated detailed information, including statistical data, disaggregated by sex and age, on the nature and impact of programmes or other measures taken or envisaged to meet the employment needs of particular categories of jobseekers, including young persons and persons with disabilities, as well as other groups that may encounter difficulties in entering or remaining in the labour market, including but not limited to women, older persons and long-term unemployed persons.

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Articles 1 and 3 to 7 of the Convention. Contribution of the employment service to employment promotion. Participation of the social partners. The Committee notes the Government’s report which contains general information on the application of the Convention. The Committee requests the Government to provide further information on the manner in which the efficient operation is ensured of a free public employment service which has a network of employment offices that are sufficient in number to meet the needs of employers and workers throughout the country. It also requests the Government to provide further details on the consultations held with the social partners concerning the organization, operation and development of the employment service. Please also provide information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices.

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The Committee notes the information provided by the Government in reply to its earlier comments, and in particular, that concerning a special programme to register all handicapped workers and handicapped job-seekers. It would be grateful if, in its next report, the Government would supply additional information on the following points:

Article 7, subparagraph (a), of the Convention. The Government states that there is no specialization by occupations and by industries within the employment offices due to the tight labour market and the small number of registrants involved. The Committee recalls in this connection that in the observations made in November 1989 by the Malaysian Trades Union Congress on the application of the Convention, the organization expressed concern about the lack of such specialization. The Committee therefore would be grateful if the Government would indicate, in its next report, what measures have been taken or envisaged with a view to facilitate within the various employment offices specialization by occupations and by industries, such as agriculture and any other branch of activity in which such specialization may be useful, in accordance with this provision of the Convention.

Article 10. With reference to its previous comments, the Committee asks the Government once again to supply a copy of the working paper entitled "Increasing the Transparency in the Labour Market" which has not been received in the ILO. Please also indicate any other measures taken or contemplated in order to encourage full voluntary use of employment service facilities and to give effect to this Article.

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The Committee takes note of the information supplied by the Government in its reports received in 1991 and 1992, which contain the Government's comments concerning the observations made in November 1989 by the Malaysian Trades Union Congress on the application of the Convention.

Articles 3, 4 and 10. The Committee notes, in particular, the Government's statements according to which the Manpower Department constantly reviews the existing network of employment offices, and that the programmes and activities of the employment offices are constantly reviewed by the tripartite National Labour Advisory Council. It also notes that the tripartite Labour Market Information Technical Committee set up under the auspices of the National Labour Advisory Council has already started functioning and discussed, among other matters, a working paper entitled "Increasing the Transparency in the Labour Market" which touches upon the need to make more transparent the activities of the employment service so that more employers and workers could use the employment service facilities. The Committee would be grateful if the Government would supply a copy of this working paper with its next report.

Article 7. The Committee had noted in its previous comments from the above-mentioned communication of the MTUC that there is still no specialisation by occupation and by industries within the employment offices required under this Article and that the needs of special categories of applicants are yet to be adequately met. It also notes a brief indication in the Government's report, according to which special attention is provided for the registration and placement of handicapped people. The Committee would be grateful if the Government would describe in more detail the arrangements made for disabled persons and indicate, in its next report, measures taken or envisaged to give full effect to this Article, giving particulars concerning the occupations, industries and, eventually, other special categories of applicants for which specialised arrangements have been made.

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The Committee notes that the Government's reply has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the information supplied by the Government in its report. It also noted the observations made in November 1989 by the Malaysian Trades Union Congress concerning the application of Articles 3, 4, 7 and 10 of the Convention. These observations were sent to the Government by the Office on 24 November 1989, for such comments as might be judged appropriate. The Committee observes that no comments have been communicated by the Government so far. It hopes that the Government will include in its next report any comments it considers appropriate in order to enable the Committee to examine the questions raised by the above-mentioned organistion in substance at its next session.

[The Government is asked to report in detail for the period ending 30 June 1991.]

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The Committee has noted the information supplied by the Government in its report. It has also noted the observations made in November 1989 by the Malaysian Trades Union Congress concerning the application of Articles 3, 4, 7 and 10 of the Convention. These observations were sent to the Government by the Office on 24 November 1989, for such comments as might be judged appropriate. The Committee observes that no comments have been communicated by the Government so far. It hopes that the Government will include in its next report any comments it considers appropriate in order to enable the Committee to examine the questions raised by the above-mentioned organistion in substance at its next session. [The Government is asked to report in detail for the period ending 30 June 1990.]