Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 376, Octobre 2015

Effect given to the recommendations of the Committee and the Governing Body

1. 72. The Committee last examined this case, which concerns the denial of freedom of association rights to migrant workers, including domestic workers, in law and in practice, at its November 2012 meeting [see 365th Report, paras 101–104]. On that occasion, the Committee once again urged the Government to take the necessary measures, including legislative, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organizations of their own choosing. Additionally, the Committee urged the Government once again to take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights, and requested the Government to keep it informed of the progress made in this regard. Recalling the provisions of Convention No. 189 concerning decent work for domestic workers, in particular Article 3 with respect to freedom of association and the effective recognition of the right to collective bargaining of domestic workers, the Committee also invited the Government to consider ratifying Convention No. 189.
2. 73. In a communication dated 2 October 2013, the Government expresses appreciation of the Office’s offer of technical assistance, which was translated in a workshop conducted with the ILO’s regional expert to discuss the three remaining core Conventions which Malaysia has yet to ratify. The Government indicates that even though it has yet to ratify Convention No. 87, Malaysia has always endeavoured to observe and respect the principle of freedom of association as outlined in the 1998 ILO Declaration. According to the Government, this is evidenced by the fact that under the Trade Unions Act 1959, both workers and employers, including foreign workers, have the right to unionize and be members of existing unions, which, in the Government’s view, is very important to ensure greater protection and advancement of worker rights of all workers, including foreign workers. The Government further indicates that at the end of December 2012, 19,437 foreign workers were members of trade unions and that foreign workers, just like any other local workers, have the right to access local labour courts and the Industrial Court. The Government also states that Malaysia had ratified Convention No. 98, the spirit and intention of which are embodied in the Industrial Relations Act 1967, which protects the right of workers and employers to form, join or assist in the formation of their respective unions. The Government further indicates that its stand in respect of unionization of workers is reflected in the National Labour Policy, which recognizes the right of workers to form trade unions in order to promote positive work and productivity attitudes among the workforce and to enter into collective agreements bargaining in consonance with the labour laws of the country.
3. 74. The Government further indicates that despite not having ratified Convention No. 189, it respects the rights of foreign domestic workers employed in Malaysia as demonstrated by the Government’s collaboration with the Indonesian Government in relation to the employment of Indonesian domestic workers in Malaysia. The Government states that in 2011 both countries signed a Protocol to Amend the Memorandum of Understanding for recruitment and placement of Indonesian domestic workers, which protects Indonesian domestic workers by providing terms such as rest days, wages payment through bank account, competency training and passport to be kept by the domestic worker. According to the Government, this mechanism shows that the Government is serious in upholding and respecting the rights of foreign domestic workers.
4. 75. The Committee takes note of the above information provided by the Government. While appreciating the Government’s collaboration with the Indonesian Government and the measures taken to address certain rights and welfare of Indonesian domestic workers, the Committee deeply regrets that despite its previous recommendations, no legislation or policy has been adopted to allow domestic workers to form and join organizations for the defence of their occupational interests, nor has the association of migrant domestic workers been registered. The Committee is therefore obliged to reiterate its recommendation that the Government urgently take the necessary measures, including legislative, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organizations of their own choosing. The Committee invites once again the Government to avail itself of the technical assistance of the Office in this respect. It further urges the Government once again to take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights. The Committee requests the Government to keep it informed of all steps taken in relation to the rights of migrant domestic workers to form and join organizations for the defence of their occupational interests.