Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 81) sur l'inspection du travail, 1947 - Malaisie (Ratification: 1963)

Articles 3(2) and 5(a) of the Convention. Duties entrusted to labour inspectors and cooperation with other government services. In response to its previous comment, the Committee notes the Government’s indication in its report that in accordance with section 27 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 [Act 670], any labour officer is designated as an enforcement officer for the purpose of this Act. One of the functions of the enforcement officers under this Act is to identify trafficking victims among any persons found or rescued (including workers) before an Interim Protection Order (IPO) or Protection Order (PO) is granted by the Magistrate and the person is placed in a place of refuge. The enforcement officers are required to investigate the circumstances of the rescued persons to determine whether they are victims of trafficking. The Government indicates that, up until July 2024, the Department of Labour conducted 42 enforcement operations involving anti-trafficking in persons and anti-smuggling of migrants. In addition, the Government indicates that the Social Security Organization (SOCSO) enforces the Social Security Act in Malaysia for all employers and employees, including migrant workers. To enhance compliance, the Government indicates that SOCSO has introduced measures such as joint inspection activities with the Labour Department and the Immigration Department, and requiring migrant workers’ registration with SOCSO as a precondition for the issuance of work permits. The Government also references public awareness campaigns aimed at preventing forced labour, including a seminar held in Penang in May 2024, attended by 200 participants from various sectors, a seminar for university and college students about employment rights, a plantation sector roadshow and pamphlets outlining migrant workers’ rights in five languages. Additionally, the Department of Labour (DOL) has implemented training programs to strengthen labour inspectors’ skills. With reference to its comment under the Forced Labour Convention, 1930 (No. 29) and the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee requests the Government to continue to provide detailed information on actions undertaken by labour inspectors when elements of forced labour or trafficking are detected, on the number of such cases, including details of cases in which foreign employees were employed without prior approval from the Director-General of Labour, in violation of section 60K of the Employment Act. The Committee requests the Government to provide information on the outcome of these cases after they are submitted to the competent authorities. The Committee further requests the Government to provide additional information on concrete actions undertaken by the labour inspectorate in the enforcement of employers’ obligations towards migrant workers, including those in an irregular situation, such as the payment of wages, social security and other benefits.

Articles 3(2), 8, 10 and 16. Functions entrusted to inspectors. Number of labour inspectors. Workplaces inspected as often and as thoroughly as necessary. In response to its previous comment, the Committee notes the Government’s indication that currently, the Department of Labour (DOL) in Peninsular Malaysia has 392 inspectors (246 women); Sabah has 106 inspectors (42 women); and Sarawak has 137 inspectors. The Committee notes that the number of inspectors in the DOL has increased in all regions. In addition, the Government indicates that the Department of Occupational Safety and Health (DOSH) employs 1,109 inspectors (305 women), while the Social Security Organisation (SOCSO) has 248 inspectors. With regard to inspection activities, the Government indicates that, as of July 2024, 14,757 inspections were carried out by the DOL in Peninsular Malaysia, while DOSH inspectors conducted 7,162 workplace inspections and 125,832 machinery inspections during the same period. In relation to the functions performed by labour inspectors, the Government informs the Committee that: (i) DOL inspectors are responsible for inspecting workplaces to ensure compliance with labour laws and regulations, and for monitoring working conditions to protect employees' rights and welfare; (ii) DOSH inspectors conduct regular inspections to ensure compliance with occupational safety and health (OSH) regulations, identify and assess workplace hazards and risks, and ensure that workplaces adhere to safety standards and regulations; and (iii) SOCSO inspectors ensure that employers comply with social security contribution and insurance requirements and verify the proper registration of employees under SOCSO schemes. The Committee also notes the Government's reference to the time allocated per inspection conducted by the DOL and DOSH. While taking note of this information,the Committee requests the Government to continue to provide information on the total number and distribution of labour inspection officers in Peninsular Malaysia, Sabah and Sarawak, deployed under the DOSH and the DOL. It also requests the Government to continue to provide statistic information on the number and the frequency of inspections performed in each field of supervision.

Article 7. Training of labour inspectors. Further to its previous comment, the Committee notes the Government’s reference to the training provided to labour inspectors, including two sessions of a 5–day course on Fundamentals of Labour Laws for 50 officers, two sessions of a 3–day training on Labour Inspection and Complaint Investigation Methods for 60 officers, two sessions of a 3–day workshop on Private Employment Agencies for 35 officers and a 3–day workshop on Foreign Workers under Section 60K of the Employment Act for 14 officers. It also notes the Government’s reference to the SOCSO’s annual training for enforcement officers, including courses on enforcement routines, legal updates, and law enforcement case processing, along with motivational training. In addition, the Government indicates that officers are required to attend at least one course annually. The Committee takes note of this information, which answers its previous request.

Article 13. Preventive measures in the area of occupational safety and health. The Committee notes the Government’s indication that in 2022 the injury rate (per 1,000 workers) was 11.86 in mining and quarrying, 6.15 in construction and 3.82 in manufacturing, among other sectors. The Committee also notes that the Government indicates that DOSH officers conduct proactive inspections to identify and address imminent dangers to workers' health and safety, and, depending on the risk, may issue directive letters, improvement notices, or stop–work orders. The Committee requests the Government to provide detailed information on the preventive action taken by the labour inspectorate in critical sectors, including the mining and quarrying, manufacturing and construction sectors, with a view to remedying defects observed in enterprises, layout or working methods, including the number of measures with immediate executory force in the event of imminent danger to the health or safety of workers. It also requests the Government to continue to provide statistics on the number of occupational accidents and fatalities with a breakdown by sector.

Articles 20 and 21. Obligation to publish and communicate an annual report on the work of the labour inspectorate. The Committee notes the Governments reference to the annual labour inspection reports published on the websites of the DOLs of Peninsular Malaysia, Sabah and Sarawak and on the website of the DOSH. The Committee notes the information provided by the Government that for the upcoming annual report, all departments and agencies will be responsible for providing the relevant data and insights pertaining to their specific areas of operation. The Committee once again requests the Government to provide information on the progress made in establishing cooperation of different departments regarding reporting and data collection, as well as the measures taken to ensure the preparation of a consistent annual report, containing information on each of the subjects listed in Article 21 of the Convention.