Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Malaysia (Ratification: 1961)

The Committee notes the Government’s reports.

Article 4(2) of the Convention. Further to its previous direct request, the Committee notes the Government’s reference to section 29 of the Employment Act 1955 which allows for the provision of housing, food, fuel, water, medical attendance or any amenity or service approved by the Director-General of Labour in addition to wages. Recalling that the Government has expressed on numerous occasions its intention to amend the Labour Ordinance, Sarawak (Cap. 76) and the Labour Ordinance, Sabah (Cap. 67) in order to bring them in line with the Employment Act 1955, the Committee again requests the Government to specify how it is ensured in law and practice that the allowances in kind are appropriate for the personal use and benefit of the worker and his/her family and that they are valued fairly and reasonably. The Committee asks the Government to provide information in its next report on any progress achieved in this regard.

Article 13(1). The Committee notes that the Government in its report refers to section 28 of the Employment Act 1955 which lays down an express prohibition against the payment of wages in taverns or similar establishments or in places of amusement or in shops or stores for the retail sale of merchandise in conformity with Article 13(2) of the Convention. However, in the absence of any provision requiring that the payment of wages should be made on working days only and at or near the workplace, as set forth under Article 13(1) of the Convention, the Committee again requests the Government to take the necessary steps to give full effect to the provisions of the Convention in this respect and report on any developments to this end.

Part V of the report form. The Committee notes the information supplied by the Government in its report with respect to the number of inspections conducted by the Labour Department in 1999 and 2000 in all sectors. It requests the Government to continue to supply all available information on the application of the Convention in practice, including, for example, extracts of official reports or statistical information on inspection visits, the number and nature of violations reported and sanctions imposed.