Effect given to the recommendations of the committee and the Governing Body - Report No 365, November 2012

Case No 2637 (Malaysia) - Complaint date: 10-APR-08 - Follow-up

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

1. 101. The Committee last examined this case, which concerns the denial of freedom of association rights to migrant workers, including migrant domestic workers, in law and in practice, at its November 2011 meeting [see 362nd Report, paras 87–91]. On that occasion, the Committee urged the Government to take the necessary measures, including legislative if necessary, 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 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.
2. 102. In a communication dated 20 March 2012, the Government indicates that while it has yet to ratify Convention No. 87, it respects and applies its principles, subject to national laws and regulations. According to the Government, evidence of this is provided by the fact that, at the end of December 2011, 11,722 migrant workers had become members of trade unions. The Government further indicates that it still considers that in-depth analysis is needed before any policy allowing domestic workers to form and join associations is adopted and maintains its decision in this regard on the grounds previously communicated to the Committee. The Government indicates that the rights and welfare of domestic workers are addressed by recent amendments to the Employment Act 1955 which are made to ensure that the Government has control over the employment of domestic workers and that their rights are well safeguarded. These amendments include the requirement for employers to pay wages through bank accounts, the requirement for employers to register their domestic workers with the Department of Labour and to report to the same agency if their service is terminated.
3. 103. The Committee takes note of the above information provided by the Government. It deeply regrets that no policy for domestic workers to form and join associations has been adopted and that no progress has been made since it last examined the case to ensure that migrant domestic workers may all effectively enjoy the right to establish and join organizations of their own choosing. The Committee once again urges 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. The Committee invites once again the Government to avail itself of the technical assistance of the Office in this respect. Additionally the Committee 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, and requests the Government to keep it informed of the progress made in this regard.
4. 104. The Committee, once again, recalls 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 invites the Government to consider ratifying Convention No. 189 and recalls more generally that when a State decides to become a Member of the Organization, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including the principles of freedom of association [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 15].