X Post-arrival

orientation
for migrant workers in
Malaysia
Facilitators’ Guidelines
X Post-arrival
orientation
for migrant workers in
Malaysia
Facilitators’ Guidelines

Fundamental Principles and Rights at Work Branch (FUNDAMENTALS)

Labour MIgration Branch (MIGRANT)
International Labour Organization (ILO)
ii X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Copyright © International Labour Organization 2021

First published 2021

Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright
Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that
the source is indicated. For rights of reproduction or translation, application should be made to ILO Publishing
(Rights and Licensing), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: rights@[Link]. The
International Labour Office welcomes such applications.

Libraries, institutions and other users registered with a reproduction rights organization may make copies in
accordance with the licences issued to them for this purpose. Visit [Link] to find the reproduction rights
organization in your country.

FUNDAMENTALS; MIGRANT

Post-arrival orientation for migrant workers in Malaysia – Facilitators’ Guidelines / International Labour Organization,
Fundamental Principles and Rights at Work Branch (FUNDAMENTALS), Labour Migration Branch (MIGRANT), Geneva:
ILO, 2021.

ISBN: 978-92-2-034559-7; 978-92-2-034559-7 (Web PDF)

Acknowledgements

This publication was elaborated by Ms Liva Sreedharan, Consultant, for the ILO and coordinated by Ms. Hélène Bohyn
(FUNDAMENTALS) and Ms. Maria Gallotti (MIGRANT) from Geneva Office.

Funding for this ILO publication is provided by European Union under the framework of the Project “Global Action to
Improve the Recruitment Framework of Labour Migration (REFRAME)” (GLO/15/69/EUR).

This publication does not necessarily reflect the views or policies of the European Union, nor does mention of trade
names, commercial products, or organizations imply endorsement by the European Union.

The designations employed in ILO publications, which are in conformity with United Nations practice, and the
presentation of material therein do not imply the expression of any opinion whatsoever on the part of the
International Labour Office concerning the legal status of any country, area or territory or of its authorities, or
concerning the delimitation of its frontiers.

The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their
authors, and publication does not constitute an endorsement by the International Labour Office of the opinions
expressed in them.

Reference to names of firms and commercial products and processes does not imply their endorsement by the
International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign
of disapproval.

Information on ILO publications and digital products can be found at: [Link]/publns

Visit our website: [Link]/fairrecruitment

Cover photo © Antonella Bologna

Printed in Switzerland

Photocomposed by Antonella Bologna, Turin, Italy

 X Contents iii

X Contents

Overview vi

Objectives of the Facilitators’ Guidelines vii

Structure of the Facilitators’ Guidelines vii
Tips vii
Suggested training agenda xi

Module 1: Living and working in Malaysia xiv

1.1 Understanding Malaysia 3

1.1.1 Social norms, customs and etiquette in Malaysia 5

1.1.2 Adapting to life in Malaysia 7

1.2 Conditions for living and working in Malaysia 8

1.2.1 Documentation for migrant workers 9

1.3 Communicating with employers and colleagues 13

1.3.1 Communicating with others at the workplace in Malaysia 13

1.3.2 Communicating with those who share the same living space 15

1.4 Taking care of general health and hygiene 16

1.4.1 General health 17

1.4.2 Domestic hygiene 17
1.4.3 Personal hygiene 18

Module 2: Workers’ rights and responsibilities and employers’ obligations 20

2.1 Main employment legislation in Malaysia 23

2.2 Overview of employers’ responsibilities in Malaysia 24

2.2.1 Secure the safety, health and welfare of persons at work 24

2.2.2 Register migrant workers with the Social Security Organization (SOCSO) 24
2.2.3 Organize migrant workers’ health insurance 24
2.2.4 Provide workers with employment-related rights and benefits in accordance
with the law 24
2.2.5 Comply with immigration regulations for the renewal of work permits 24
iv X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

2.3 Overview of migrant workers’ rights and responsibilities in Malaysia 26

2.3.1 Right to a safe workplace 26

2.3.2 Right to healthcare and social security scheme 26
2.3.3 Right to access justice 27

2.4 Rights at work 28

2.4.1 Payment of wages, wage deductions and paid holidays 28

2.5 Joining a trade union 35

2.5.1 The right to join and form a trade union 35

2.6 Sexual harassment 36

2.6.1 What is sexual harassment? 36

2.6.2 Online sexual harassment 36
2.6.3 What to do in the case of sexual harassment? 37

Module 3: Challenges commonly experienced by migrant workers in Malaysia 40

3.1 Workplace conflicts 43

3.2 Labour rights violations 43
3.3 Substandard working and living conditions 44

3.3.1 Substandard working conditions 44

3.3.2 Substandard living conditions 44

3.4 Violence and harassment 45

 X Contents v

Module 4: Seeking help in Malaysia through formal and informal grievance mechanisms 48

4.1 Informal dispute resolution for workplace grievances 51

4.2 Internal worker grievance mechanisms 51
4.3 Formal legal dispute resolution for workplace grievances 52

4.3.1 Labour Court 52

4.3.2 Industrial Court 53

4.4 Accessing service providers for migrant workers 54

Module 5: Money and migration 58

5.1 Understanding the terms of the contract and employment benefits 61

5.2 Setting financial goals and making a budget 62

5.2.1 How to make a budget? 62

5.3 Keeping track of the money 63

5.4 Set up an emergency fund 64
5.5 Remitting home smartly 65

5.5.1 Common options for transferring money abroad from Malaysia 66

5.5.2 Choosing the best money transfer service provider 66

5.6 Speaking to family about remittances 67

Annexes 68

Annex I. Sample of Employment Contract 70

Annex II. Materials for Printing 78
vi X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Overview

© Antonella Bologna
X Overview vii
viii X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Objectives of the Structure of the

Facilitators’ Guidelines Facilitators’ Guidelines
These Facilitators’ Guidelines are designed to The Facilitators’ Guidelines consist of five modules
contribute towards improving and supporting that focus on the most significant aspects
migrant workers’ access to information about of a migrant worker’s life in Malaysia. Each
their rights at work and access to services in module, varying in length, is designed to last
Malaysia. They draw upon a vast amount of approximately half a day, and the complete
publications and stakeholder interviews on post-arrival orientation training course can be
various aspects of labour migration in Malaysia. delivered within two days. However, facilitators
Their aim is to assist facilitators who will conduct using these guidelines are encouraged to tailor
and implement post-arrival orientation training the curriculum and the training materials to their
courses for migrant workers in Malaysia. Their audiences, taking into consideration factors such
specific objectives are as follows: as the number of participants, the composition of
the audience, the sector in which the participants
X To increase awareness among migrant
are working, and the duration of the session. The
workers of their rights and responsibilities
training can be adapted to suit the composition
upon arrival in Malaysia; and
of the audience by selecting or omitting specific
X To increase the stakeholders’ capacity sections within each module as appropriate.
to develop and implement post-arrival The training is divided up into the following five
orientation training for migrant workers modules:
in Malaysia in line with national laws and
international labour standards.

Module No. Content Duration

1 Living and working in Malaysia provides information on ways to facilitate 160 minutes
the process of adapting to life in Malaysia. This module highlights the
psychological and emotional experiences of new migrant workers, as well as
the social norms in Malaysia, and gives advice on communication skills with
others in the country.

2 Workers’ rights and responsibilities and employers’ obligations in 185 minutes

Malaysia. This module focuses on migrant workers’ rights at work.

3 Challenges commonly experienced by migrant workers in Malaysia. This 80 minutes

module addresses the risks of labour rights violations, violence and harass-
ment at the workplace, substandard living and working conditions, and forced
labour – which migrant workers may experience during their stay in the
country.

4 This module, Seeking assistance through formal and informal grievance 65 minutes
mechanisms, takes into account challenges that migrant workers may face
and provides information on ways migrant workers can seek assistance in
these cases.

5 The module Money and migration provides fundamental advice to migrant 110 minutes
workers on the management of their personal finances, as well as on ways to
remit their earnings back home to their countries of origin.
 X Overview ix

Tips for facilitators training course is a safe space for asking questions
and seeking answers. The facilitators are
encouraged to foster an environment conducive
Who should be a facilitator? to open communication and to “read the room” by
considering the composition of those attending
With a few hours of preparation, any trainer who
the training and asking themselves the following
is familiar with the labour migration situation in
questions:
Malaysia should be able to use these Facilitators’
Guidelines and organize a post-arrival orientation X Who are the participants attending the
training course. Preparation involves becoming training?
familiar with the contents of the Guidelines and
Every training session and audience will
the activities contained therein. The facilitator
be different. Consider which countries the
does not have to be a certified trainer or a training
participants come from and the languages
expert. The Facilitators’ Guidelines are designed to
they speak. Ask them how they prefer to
be used by a wide array of stakeholders including
communicate. Facilitators may sometimes
trade union leaders, migrant workers’ leaders, civil
require the assistance of translators or visual
society organizations, consulates and embassies,
aid tools to communicate with their audience
employers and recruiters. A facilitator may adapt
to ensure that their message is clearly
this tool to another language and/or deliver the
understood. In training sessions with a diverse
training with the support of an interpreter when
audience, it may be helpful to seat participants
necessary.
of the same nationality - or who speak the
same language - together so that they can
Be familiar with the work through activities in a common language.
training materials X How many participants will be in the
training?
A facilitator must be familiar with the content of
the Guidelines, as well as the activity materials and The number of participants can significantly
tools designed to support the implementation of impact the way facilitators connect with their
the training – which include quizzes, role-plays audience. Consider ways in which the layout
and case studies. These materials and tools are of the room where the training is conducted
designed to encourage the participation of those can be used to foster and facilitate easy
attending the training course. The Facilitators’’ communication and the sharing of ideas. If
Guidelines also include key resources to provide there is a large group of participants, break
facilitators with further information on labour them up by seating them in small groups in
migration and migrant workers’ experiences in “cabaret style”. Facilitators are encouraged
Malaysia. to view the meeting venue in advance so that
they can envisage how participants may be
Training agenda arranged during the training.
X How can I engage the audience?
The training course is designed to take place over
two days, and a suggested training agenda is Most of the participants attending the training
included in the Facilitators’ Guidelines. However, course will be migrant workers migrating for
the modules are designed in such a way that they work for the first time. Classroom settings
can be adapted to suit a specific context, audience may be unfamiliar and intimidating. Avoid
or purpose. The length of the training can be presenting only from the front of the room or
reduced or extended accordingly. behind a table; walk around and speak directly
to the participants. Facilitators can also help
Read the room build up the participants’ confidence by asking
them questions to encourage a discussion or
The Facilitators’ Guidelines are designed to seek their opinion. The questions may either be
maximize engagement and interaction with the general, such as “Do you have any questions
migrant workers, who must be reassured that the on this part of the module?,” or “How is this
x X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

different from the practices in your home X Avoid expressions that are patronizing such
country?”; or they may be specific and address as ‘the girls who work here’ or statements that
a particular part of the module. Facilitators reinforce stereotypical gender roles such as “it
are also encouraged to recap what has been is the women in the house who will clean”;
presented at the end of the session to ensure
that the participants have followed the flow of X Avoid referring to personal characteristics

the training course. such as sex, religion or racial group when it is

not necessary to do so;

Use inclusive language X Avoid constructing examples that use gender

or other forms of stereotypes;
The way facilitators speak reflects the way they
think about others. Using language and terms X Avoid statements that inaccurately generalize
that are inclusive, people-first and rights-based characteristics of a group of individuals;
will make the audience feel valued and respected.
X Avoid ‘positive’ or patronizing comments
Inclusive language also helps to challenge
based on stereotypes such as, ‘You speak such
discriminatory views, prevents false assumptions
good English!’
being made about people, and avoids reinforcing
negative attitudes towards a group of individuals.1 The following table contains acceptable
When conducting the training course: alternatives to everyday terms that are used in
X Whenever possible, use gender-neutral terms; the context of labour migration in Malaysia.2

Non-acceptable terms Acceptable terms

Alien worker, foreign worker, illegal worker, pendatang Migrant worker

Illegal migrant Undocumented migrant, irregular migrant, migrant with

irregular status

Labour import/labour export Labour migration, cross-border migration, cross-border

movement

Maid, helper, servant Domestic worker

Prostitute Sex worker

Slaves Persons having fallen in a situation of forced labour

1 See ILO: Public attitudes towards migrant workers in Japan, Malaysia, Singapore and Thailand, (2019), available at: https://
[Link]/wcmsp5/groups/public/---asia/---ro-bangkok/documents/publication/wcms_732443.pdf

2 See ILO: TRIANGLE in ASEAN. Labour migration: Inclusive terminology, available at: [Link]
public/---asia/---ro-bangkok/documents/projectdocumentation/wcms_732757.pdf
 X Overview xi

Be prepared to be flexible and do despite a clear presentation. Facilitators

clear with your instructions are encouraged to move around the room to
ensure that participants are on track and to take
Facilitators should not only prepare for the questions if they arise.
presentation of the modules in these Guidelines
Some sessions may not go as planned and
but also understand how the exercises and
participants may express a preference for
activities will work best for their intended
knowing more about one module and spending
audience. Be clear when introducing activities and
less time on the others. Facilitators may need to
materials to participants and, if necessary, repeat
balance content delivery with the participants’
the instructions to smaller groups. Participants
interests.
may be uncertain about what they have to

Glossary of key termS

Coercion Compulsion, whether legitimate or not, by physical force or threat thereof.

Coercion may also be economic in nature, where one uses his or her control over a
particular resource to influence the behaviour of another (See also forced labour).

Country of destination In the migration context, a country that is the destination for a person or a group
of persons, irrespective of whether they migrate regularly or irregularly.

Country of origin A country of nationality or of former habitual residence of a person or group of per-
sons who have migrated abroad, irrespective of whether they migrate regularly or
irregularly.

Culture Term used to describe the symbolic organization of a social group and the values
that the group chooses for itself in its relations with other groups. It may also refer
to an accumulation of customs, beliefs, language, ideas, aesthetic tastes, technical
knowledge, value systems and lifestyles.

Detention Restriction on freedom of movement through confinement that is ordered by an

administrative or judicial authority. There are two types of detention: criminal
detention, having as a purpose punishment for the committed crime; and
administrative detention, guaranteeing that another administrative measure (such
as deportation or expulsion) can be implemented. In the majority of countries,
irregular migrants are subject to administrative detention, as they have violated
immigration laws and regulations that are not considered to be crimes. In many
States, a non-national may also be administratively detained pending a decision on
refugee status or on admission to or removal from the State.

Discrimination A failure to treat all persons equally where no objective and reasonable distinction
can be found between those favoured and those not favoured. Discrimination is
prohibited in respect of “race, sex, language or religion.”

Documented migrant A migrant worker or members of his or her family authorized to enter, to stay and
to engage in a remunerated activity in the State of employment pursuant to the law
of that State and to international agreements to which that State is a party.

Forced/ compulsory labour All work or service which is exacted from any person under the menace of any
penalty and for which the said person has not offered himself/herself voluntarily.

Gender Refers to the set of roles, responsibilities, constraints, opportunities, and privileges
of women and men in any context. Those attributes are learned and socially
constructed, changeable over time and can vary within and between cultures.

Health Health is a state of complete physical, mental and social well-being and not merely
the absence of disease or infirmity.

Hearing The opportunity to be heard or to present one’s side of a case before a tribunal.
xii X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Glossary of key termS

Identity document An official piece of documentation issued by the competent authority of a State
designed to prove the identity of the person carrying it. The most common identity
documents are national identity cards and passports.

Immigration status Status of a migrant under the immigration law of the host country.

Jurisdiction A government’s general power to exercise authority over all persons and things
within its territory, or the geographical area within which such authority may be
exercised. More specifically, it may refer to the legal power or authority to hear and
determine a cause of action.

Labour migration Movement of persons from one State to another, or within their own country of
residence, for the purpose of employment.

Lawful Not contrary to law; conforming to or permitted by law.

Migrant worker A person who is to be engaged, is engaged or has been engaged in a remunerated
activity in a State of which he or she is not a national.

Migration The movement of a person or a group of persons, either across an international

border, or within a State.

Passport A document issued by the competent authority in a State identifying a person as a

national of the issuing State, which is evidence of the holder’s right to return to that
State.

Remittances Monies earned or acquired by non-nationals that are transferred back to their
country of origin.

Undocumented migrant A non-national who enters or stays in a country without the appropriate documen-
tation. This includes, among others: a person (a) who has no legal documentation
to enter a country but manages to enter clandestinely; (b) who enters or stays
using fraudulent documentation; or (c) who, after entering using legal documenta-
tion, has stayed beyond the time authorized or otherwise violated the terms of
entry and remained without authorization.

Work permit A legal document issued by a competent authority of a State giving authorization
for employment of migrant workers in the host country during the period of
validity of the permit.
 X Overview xiii

Suggested training agenda

Post-arrival orientation training

Day 1

Time Agenda item

9.00am – 9.30am Registration and arrival of participants

9.30am – 9.40am Introduction

9.40am - 10.05am Activity 1 – Yes/No/I don’t know

10.05am - 10.25am Lecture 1.1: Understanding Malaysia

10.25am - 10.55am Lecture 1.2: Conditions for living and working in Malaysia

10.55am - 11.10am Activity 2 – True/ False

11.10am - 11.30am Tea break

11.30am - 11.50am Lecture 1.3: Communicating with employers and colleagues

11.50am - 12.20pm Activity 3 – Role play

12.20pm - 12.40pm Lecture 1.4: Taking care of general health and hygiene

12.40pm-1.40pm Lunch break

1.40pm - 1.55pm Lecture 2.1 : Main employment legislation in Malaysia

1.55pm – 2.15pm Lecture 2.2: Overview of the responsibilities of employers in Malaysia

2.15pm - 2.30pm Lecture 2.3: Overview of the responsibilities of migrant workers in Malaysia

2.30pm -3.00pm Activity 4 - Group discussion

3.00pm - 3.15pm Tea break

3.15pm - 4.00pm Lecture 2.4: Rights at work

4.00pm - 4.20pm Activity 5 - True/false

4.20pm - 4.30pm Lecture 2.5: Joining a trade union

4.30pm - 4.40pm Lecture 2.6: Sexual harassment

4.40pm - 5.00pm Activity 6 - Situation/behaviour/impact technique

xiv X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Day 2

Time Agenda item

9.00am – 9.30am Registration and arrival of participants

9.30am – 10.00am Recap

10.00am - 10.10am Lecture 3.1: Workplace conflicts

10.10am - 10.30am Lecture 3.2: Labour rights violations

10.30am - 10.40am Lecture 3.3: Substandard working and living conditions

10.40am - 10.50am Lecture 3.4: Violence and harassment

10.50am - 11.10am Tea break

11.10am - 11.40am Activity 1 – Case study

11.40am - 11.50am Lecture 4.1: Informal dispute resolution for workplace grievances

11.50am - 12.00pm Lecture 4.2: Internal worker grievance mechanisms

12.00pm - 12.15pm Lecture 4.3: Formal dispute resolution for workplace grievances

12.15pm - 12.25pm Lecture 4.4: Assessing support services to access justice

12.25pm - 12.45pm Activity 2 – Case study

12.45pm - 1.45pm Lunch break

1.45pm - 1.55pm Lecture 5.1: Understanding the terms of the contract and employment benefits

1.55pm - 2.10pm Lecture 5.2: Setting financial goals and making a budget

2.10pm - 2.40pm Activity 3 – Making a budget

2.40pm - 2.50pm Lecture 5.3: Keeping track of the money

2.50pm - 3.20pm Activity 4 – Identifying needs vs. wants

3.20pm - 3.40pm Tea break

3.40pm - 3.55pm Lecture 5.4: Remitting home smartly

3.55pm - 4.15pm Q & A and participants’ recap of salient points from days 1 and 2 of training
© Joshua Anand/Unsplash
xvi X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Living and
working in Malaysia

© Nasam Thaufeeq/Unsplash
X 1. Living and working in Malaysia 1

X1
2 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Objectives

To provide an introduction of Malaysia to migrant workers, including information about

the social norms, social etiquette and cultural practices of Malaysian society;

To inform migrant workers of – and prepare them for - the emotional and psychological
challenges they may experience as they adapt to life in Malaysia;

To inform migrant workers about the relevant immigration laws governing labour
migration in Malaysia and to prepare them for handling these.

X Recommended agenda

Focus area Timing Activities and

materials

understanding Malaysia 25 minutes Activity – Yes/No/ I

20 minutes don’t know
Lecture

Communicating with 20 minutes Lecture

employers and colleagues 30 minutes Activity – Role Play

Taking care of general health 20 minutes Lecture

and hygiene

Total Time 160 minutes

 X 1. Living and working in Malaysia 3

X 1.1 Understanding Malaysia

Activity

Understanding Malaysia
Duration: 25 minutes
Materials: None

i. The facilitator should divide the hall into three imaginary areas. One section of the
hall represents the answer “YES”, the middle section represents the answer “I DON’T
KNOW”, and the third section represents the answer “NO”;

Yes I don't know No

ii. The facilitator should inform the participants what the three areas/sections represent;

iii. The facilitator should inform the participants that they will be asked a series of
questions and instructed to move to the relevant section of the hall which best
represents their answer;

iv. The facilitator may ask one or two participants “why did you choose to stand in this
specific section?’, or ‘how important it is for you to know the answer to this question?’,
as a way of deepening the discussion.

The purpose of this exercise is to gauge the participant’s understanding of adapting to life
in Malaysia. After the exercise, the facilitator will give a talk to clarify any misconceptions the
participants might have about the country. The exercise may also help facilitators determine which
sections in this unit require more attention.
The facilitator will ask the following questions:
1. Malaysia is hot and humid throughout the year (Answer: Yes);

2. The official language in Malaysia is Tamil (Answer: No);

3. Shouting, raising your voice and speaking loudly is considered impolite in Malaysia
(Answer: Yes);

4. Standing in a queue and waiting for your turn when paying for things at a store is
common practice in Malaysia (Answer: Yes);

5. The currency used in Malaysia is Rupiah (Answer: No);

6. Islam is the official religion in Malaysia (Answer: Yes);

7. Muslims do not consume alcohol and pork (Answer: Yes);

8. It is all right to show up late for appointments in Malaysia (Answer: No).

4 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Understanding Malaysia official religion in Malaysia is Islam but other

religions are widely practised.

Lecture material Language: Bahasa Malaysia or Malay is the

official language in Malaysia. However, other
Malaysia is located in South-East Asia. It has two
languages like English, Mandarin and Tamil are
land masses, separated by the South China Sea.
widely spoken.
Peninsula Malaysia shares a land border with
Thailand. East Malaysia shares land borders with Work week and weekends: The working week
Brunei and Indonesia. The capital city of Malaysia and weekends vary between states in Malaysia.
is Kuala Lumpur and the administrative capital The working week usually begins on Monday
city of Malaysia is Putrajaya. and ends on Friday, with Saturday and Sunday
considered as the weekend. However, the states
Climate: Malaysia experiences hot and humid
of Johor, Kedah, Kelantan and Terengganu
weather throughout the year and has an average
observe the Friday-Saturday weekend.
temperature of 30°C. Rainfall is expected
throughout the year in Malaysia. Public holidays: There are federal public
holidays and state public holidays in Malaysia.
Population: Malaysia has a population of 32.73
Federal public holidays are generally observed
million, of which 3.12 million are non-citizens. It
nationwide. Meanwhile, state holidays are
is a culturally and ethnically diverse country. The

Malaysia map
 X 1. Living and working in Malaysia 5

gazetted by the State Government and observed Below is a list of Federal public holidays in
by individual states. Malaysia:

Federal Public Holidays Date

New Year’s Day 1 January

Labour Day 1 May

King’s Birthday Currently first Monday of June until 2024

Hari Merdeka (National Day) 31 August

Malaysia Day 16 September

Christmas 25 December

Chinese New Year Fluctuates

Wesak Day Fluctuates

Hari Raya Puasa (Aidilfitri) Fluctuates

Hari Raya Qurban (Aidiladha) Fluctuates

Prophet Muhammad’s Birthday Fluctuates

Deepavali Fluctuates

Awal Muharram Fluctuates

Money: The currency in Malaysia is the ringgit. Its norms and practices. This section will discuss
symbol is RM. what is generally considered to be “Malaysian
culture.” It will also discuss a number of social
Traffic: Cars drive on the left-hand side of the
practices that are applicable more specifically to
road in Malaysia. The slow lane is on the left, while
certain sections of Malaysian society.
the fast lane is on the rightmost lane. Generally,
the speed limit on public roads is between 50
km/h and 70 km/h, but it increases to 110 km/h Meeting and greeting etiquette
on motorways. Cars are expected to overtake Greetings play an important role in Malaysian
on the right-hand lane. However, motorists do social life and are often taken as indicators of
not always comply with traffic rules and are not individual politeness, respect and courtesy. An
always aware of pedestrian traffic. Pavements are impolite greeting may cause offence. Below are
generally available to pedestrians when they walk a few pointers:
along the main road, and pedestrian crossings are
sometimes available to make it easier to cross the X Handshakes are generally an acceptable form
road. of greeting across all ethnicities. However,
some refrain from physical contact between
men and women. If you are meeting someone
1.1.1 Social norms, customs from the opposite sex, wait to see if he/she
and etiquette in Malaysia extends a hand before offering a handshake;

X It is also increasingly common, especially since

As Malaysia is an incredibly diverse country, with
COVID-19, for Malaysians to greet each other
different ethnicities, languages and religions,
by putting one hand on the chest and nodding
people are attentive towards each other’s cultural
or bowing slightly;
6 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Elders may be addressed as pakcik (uncle) for used. Culturally, the left hand is reserved for
men and makcik (aunty) for women out of cleansing one’s body;
respect;
X People often eat with their hands; the right
X In formal or work settings, individuals should hand should be used;
be addressed according to their appropriate
titles such as “Mr”, “Miss”, “Mrs” or “Doctor” X Personal and religious dietary restrictions

followed by the family name; are taken seriously. Not everyone consumes
alcohol;
X Among all cultures, it is advisable to greet first
the most senior person - either by rank or age; X Muslims do not consume alcohol and pork;
meat consumed by Muslims also has to be
X Shouting, raising your voice and speaking ‘halal’ or prepared in accordance with Islamic
loudly are considered to be impolite rites. Many Hindus and Buddhists do not
behaviour. consume beef. When gifting or sharing food,
account should be taken of the other’s dietary
restrictions.
Giving and saving face
‘Face’ or muka in Malay refers to the cultural
General etiquette – dos and don’ts
understanding of individual respect, pride,
dignit y and social standing in relation to X When walking past an elder, it is polite to bow
a communit y. Ac tions or words that are or bend slightly so that your head is lowered
disrespectful or embarrass a person may bring below that of the elder’s as a sign of respect;
shame on that person or cause her/him to “lose
face”, while actions or words that show respect X Modesty in clothing is valued. Wearing

and give importance may “give face”. To avoid trousers and long skirts are appreciated but
causing someone to lose face, people in Malaysia not essential;
deliberately set out not to offend others and to
X Take your shoes off and leave them on the
preserve their own social standing within the
front porch before entering a house;
community. As a result, communication may be
subtle, hinting at a point rather than making a X Say ‘please’ and ‘thank you’ when asking for
direct reference. For example, when somebody help;
is asked to do something, she/he may reply “I
will see what I can do” or “let me try” rather than X Do not speak in a loud voice or watch noisy
directly saying “no”. This will allow the person videos on your mobile phone in an open or
making the request and the person turning down public space as it may bother others. Instead,
the request to “save face”. use earphones;

X When speaking to others, avoid looking

Dining and dietary restrictions at your mobile phone unless there is an
Food is an important part of Malaysian culture. urgent need to respond to a phone call or an
The sharing of food and eating together are incoming message;
common practices among Malaysians. However,
X When purchasing and paying for things at a
these social rituals are governed by unspoken
store, wait for your turn in a queue. Do not
rules. Basic etiquette requires the following:
walk to the front of the queue;
X When giving and receiving something,
including food, the right hand should be X Be on time. This is a sign of respecting other
people’s time.
 X 1. Living and working in Malaysia 7

1.1.2 Adapting to Malaysia offers a range of telecommunications

networks that help migrant workers connect
life in Malaysia with family members through phone calls, texts
Migration is both an exciting and stressful and social media. The four main national prepaid
experience for migrant workers. Arriving and network operators are:
adapting to a new environment and country X Digi
can be disorienting, and migrant workers
will experience a range of emotional and X Maxis
psychological reactions to the migration process.
X Celcom
Some of the major challenges that migrant
workers can expect to face upon arrival in X U Mobile
Malaysia are listed below:
Stress: Migrant workers may experience varying
Cu l t u r e s h o c k : M i g r a n t w o r ke r s m a y degrees of stress during their stay in Malaysia.
experience “culture shock”, i.e., the emotional Stress is a feeling of not being able to cope with
and psychological impact of moving from a a specific situation or events. It may be caused by
familiar culture and environment to ones that work demands, personal relationships, financial
are unfamiliar. New migrants can expect to have pressures and other situations. A certain amount
mixed feelings of anxiety, uncertainty, confusion of stress is normal and healthy, and can motivate
and frustration while adapting to Malaysian life. individuals to rise to the challenges they face.
They may be frustrated during their initial weeks When stress becomes overwhelming, it can
or months after arriving in Malaysia because they undermine a person’s mental and physical health
do not understand the local languages or are and disrupt daily life. For example, high levels of
unable to communicate effectively, they do not stress over time can cause shortness of breath,
like the food, and they do not have the support loss of appetite, tensed muscles and a lack of
or comfort of family members and friends. sleep. It is therefore important for everyone to
This feeling of “shock” will be alleviated over manage their stress levels. Exercise, reducing
time as they find their bearings by familiarizing alcohol intake and talking to someone to “let off
themselves with their new surroundings and steam” are all ways of reducing stress levels.
establishing new relationships or connections.
Exclusion and isolation: Migrant workers in
Home sick ne s s: Many migrant wor ker s Malaysia may experience some form of exclusion
experience homesickness.. This is especially and isolation from Malaysian society. This is
common among first-time migrants - even if particularly common among migrant workers
extensive preparations have been made before who work or live in isolated workplaces or
travelling. Homesickness is part of an adjustment accommodation provided by employers, which
process and will look different to different people. separate migrants from local communities. This
Some experience general feelings of sadness, isolation may prevent them from easily accessing
while others become irritated by new things, the goods and services they need and cause
withdraw from socializing and avoid interaction them to be excluded from or rejected by local
with others. Keeping in touch with their family communities. At worst, the local communities’
members and friends in their countries of origin rejection of migrant workers can lead to verbal
will help migrants to manage their homesickness. and physical violence.
8 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Note to facilitator

At this point, the facilitator can ask one or two participants to:
X share an incident in life when they - or someone they know - was under tremendous stress,
and to relate how the stress was dealt with or how the situation was resolved.

The facilitator can then reiterate the importance of exercising, reducing alczohol intake, and
identifying healthy activities that can help reduce stress levels. For some, it might be speaking to
family members back home; for others it might be listening to music. Stress management techniques
differ for every individual. It is important that everyone finds what works best for them.

X 1.2 Conditions for living and working in Malaysia

The Government of Malaysia imposes a number There are specific requirements for migrant
of conditions on migrant workers who live and workers related to the employment of domestic
work in Malaysia: workers in Malaysia:
X Migrant workers are only allowed to be X Only nationals from Cambodia, India,
employed in the manufacturing, construction, Indonesia, Lao People’s Democratic Republic,
plantation, agriculture and domestic work the Philippines, Sri Lanka, Thailand and Viet
sectors in Malaysia. There are also restrictions Nam can be employed in the domestic work
on the specific number of workers per sector;
nationality authorized to work in the various
sectors; X Migrant domestic workers have to be women
aged between 21 and 45 years;
X The employment permit for migrant workers
is known as the Visit Pass (Temporary X The net income of those employing domestic

Employment) (VP(TE)) or Pas Lawatan Kerja workers net income should be at least
Sementara (PLKS) in Malay. The VP(TE) 3,000 ringgit a month. For those employing
specifies which sector a migrant worker is domestic workers from India, the Philippines
employed in, as well as the employer’s name; and Sri Lanka, a minimum net income of 5,000
ringgit is required;
X Migrant workers who hold the VP(TE) must
comply with the following conditions: X Employers who are Muslims are allowed only
to hire migrant domestic workers who are
X family members are not allowed to Muslims;
accompany migrant workers to live in
Malaysia; X Employers of migrant domestic workers have
to:
X migrant workers may not be recruited as
frontline workers; X ensure that domestic workers are
assigned only to domestic chores (not
X migrant workers cannot change including car washing);
employers or employment sectors; and
X provide them with room amenities or
X migrant workers are not allowed to marry accommodation equipped with basic
Malaysian and foreign citizens. facilities.
 X 1. Living and working in Malaysia 9

X provide them with nutritional food and 1.2.1 Documentation

allow proper rest periods, including
sleeping time. for migrant workers
X Employers who employ Muslim migrant
Migrant workers require a number of documents
domestic workers must also respect their to work in Malaysia.
religious sensitivities. They must:
Passport
X allow domestic workers to abide by their
religious convictions, such as praying five A passport is the most important official identity
times a day; document. Under the Malaysian Passport Act
1966, a migrant worker is entitled to hold and
X allow them to observe the fasting month remain in possession of her/his passport. In
of Ramadan; and addition to the original copy of the passport,
migrant workers are advised to keep multiple
X refrain from asking them to do chores that copies of their passport and have one with them
oppose the religion of Islam. wherever they go. They are also encouraged to
take photographs of their passport cover page
and work permit and send them to their families
in their countries of origin.

X Note to facilitator

At this juncture, ask participants: ‘Who has made copies or taken pictures of their passport?’, and ‘who
have you shared copies or pictures of your passport with?’

The employer or recruitment agent will sometimes Visit Pass (Temporary Employment),
require a worker’s passport for immigration- also known as Pas Lawatan
related processes such as the renewal of the Kerja Sementara (PLKS)
work permit. This requires written authorization
A Visit Pass (Temporary Employment) (VP(TE))
from the migrant worker. Employers and agents
is commonly referred to as a work permit in
often retain the migrant worker’s passport on the
Malaysia. The VP(TE) is issued to migrant workers
pretext of safekeeping.
after they have passed a medical examination at
However, it is an offence under Malaysian a registered clinic within 30 days of their arrival
law for the employer or recruitment agent to in Malaysia . It signifies that the migrant worker
retain a migrant worker’s passport. If a migrant is authorized to work in Malaysia. The VP(TE) is
worker’s passport is lost or stolen, the employer a sticker that is adhered to the migrant worker’s
is required to report this to the police station passport, and it provides basic information such
and obtain a new passport from the relevant as the worker’s sector of work and the employer’s
Embassy or High Commission. It is also common name. The employer is bound to renew the VP(TE)
for law enforcement officials to stop and request on an annual basis, at least one month before it
migrant workers for proof of identity documents. expires.
Those who are unable to produce a passport risk
being arrested and detained under Malaysia’s
immigration laws.
10 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Source: Foreign Workers’ Medical Examination Monitoring Agency (FOMEMA)

Employment contract termination of employment. It also provides

An employment contract governs the relationship the worker ’s duties and the employer ’s
between a worker and her/his employer. It responsibilities. Migrant worker should possess
stipulates the terms of agreement related to the a copy of their signed employment contract. and
employment including: hours of work, wages, it should be in a language that they understand.
rest period, annual leave, and conditions for A copy of the sample employment contract is
contained in Annex I.3

X Note to facilitator

At this juncture, the facilitator can project the sample employment contract contained in Annex I and
run through the contract’s core components with the participants.

3 The Ministry of Human Resources Malaysia (MOHR) has developed a template for a contract of employment between
an employer and a migrant worker and migrant domestic workers. See MOHR: Contract of Employment, available at: https://
[Link]/pdf/Contract_of_Employment_(EU).pdf
 X 1. Living and working in Malaysia 11

X Employment contract terms and conditions checklist

Contract components Is this particular component in

your contract?

Names of employer and worker

Job description

Place of work

Employment start and end dates

Wages and other rates of pay - including overtime

Date and methods of payment

Salary deductions and fees charged to employees

Expected working hours, days and overtime procedures

Holiday entitlement, rest day

Annual leave

Sick leave

Termination of employment

Repatriation of the migrant worker

Insurance or compensation in the event of death,

occupational disease or personal injury

X Note to facilitator

The facilitator should hand out a copy of the above table to the participants. Taking them through
each item, the facilitator can ask:
X Was this item available in your contract?

After running through every item on the checklist, the facilitator can ask participants:
X Was your contract provided in a language that you understand?

X Do you have a copy of your contract?

12 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Activity

Documentation for migrant workers

Duration: 15 minutes
Materials: None

i. The facilitator should ask participants to think about the lecture, particularly about
migrant workers’ documentation and the contents that should be in an employment
contract;

ii. The facilitator should inform participants that they will be asked a series of questions,
and they should either answer “True” or “False” to each question;

iii. The facilitator should randomly select participants to answer each question;

iv. After asking the series of questions, the facilitator should open the floor for additional
questions from the participants.

Questions:
1. Is the migrant worker entitled to hold and maintain possession of her/his passport?
(Answer: True);

2. Does the work permit or PLKS have to be renewed once every two years?
(Answer: False);

3. Should your employment contract contain:

i. Your name? (Answer: True);

ii. Your employer’s name? (Answer: True);

iii. Your employer’s address? (Answer: True);
iv. The place of your employment? (Answer: True);
v. Your job description? (Answer: True);
vi. A prohibition on joining a trade union? (Answer: False);
vii. Your basic wage and other payment including overtime?
(Answer: True);
viii. The date and methods of payment to you? (Answer: True);
ix. Salary deductions? (Answer: True);
x. Expected working hours? (Answer: True);
xi. Annual and sick leave? (Answer: True);
xii. Your entitlements to days of rest? (Answer: True);
xiii. Conditions for terminating your employment? (Answer: True);
xiv. Insurance or compensation in case of injury or death?
(Answer: True); and
xv. Information on repatriation? (Answer: True).
 X 1. Living and working in Malaysia 13

X 1.3 Communicating with employers and colleagues

1.3.1 Communicating X Non-verbal communication is as important

as verbal communication. A relaxed body
with others at the language and maintaining eye contact when

workplace in Malaysia speaking project a willingness to focus and

listen to what others have to say. Keeping a
Migrant workers work in diverse situations in neutral body posture and tone of voice are
Malaysia, often among colleagues of different encouraged;
nationalities and with varying cultural practices,
X Listening and paying close attention to
communication styles and languages. Effective
others when they speak is important. Do not
communication is important at work and in
interrupt or speak over others’ voices. When
workers’ places of accommodation; it is the basis
it is your turn to speak, do so calmly without
for building strong relationships with others,
raising your voice;
improving work productivity and performance,
and avoiding conflict and misunderstanding. X Many people in Malaysia communicate
A number of pointers on communication at the indirectly. When asking for something or
workplace are listed here-below: when expressing disagreement, it is common
X The employer, or the manager, is usually for them to use terms such as “Would you
responsible for assigning tasks to workers. mind …” or “I am wondering …”. This may be
Show respect by acknowledging and following different from cultures which are more direct
their instructions at the workplace. If in their forms of communication:
clarification is required, ask questions politely.
X Learning some Malay or English phrases for
In Malaysia, speaking loudly is considered
greeting people will help to break the ice and
impolite;
ease communication with Malaysians.
14 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Essential Malay phrases

Malay English

Hello Hello

Apa khabar How are you

Selamat pagi Good morning

Selamat petang Good evening

Selamat malam Good night

Selamat tinggal Goodbye

Ya Yes

Tidak No

Mungkin Maybe

Terima kasih Thank you

Sama-sama You’re welcome

Maaf Excuse me

Maafkan saya I’m sorry

Saya tidak ada I don’t have

Kami tidak ada We don’t have

Name saya My name is

Umur saya ialah…..tahun I’m … years old

Saya tidak faham I don’t understand

Saya tidak boleh cakap Bahasa Melayu I don’t speak Malay

Tolong Please

Tolong ulang Can you please repeat

Sekejap Just a moment

Sana There

Sini Here

Satu One

Dua Two

Tiga Three

Empat Four

Lima Five

Enam Six
 X 1. Living and working in Malaysia 15

Essential Malay phrases

Tujuh Seven

Lapan Eight

Sembilan Nine

Sepuluh Ten

X Note to facilitator

The facilitator should hand out printed copies of the above table to the participants.

1.3.2 Communicating X Whenever there is a disagreement, it is

important for the parties involved to provide
with those who share each other with the opportunity to present

the same living space their side of the story, evaluate their different
needs and propose a solution together. A
Living together with people of dif ferent solution to the disagreement should, as far as
nationalities and cultural backgrounds - and who possible, be acceptable to all parties;
speak different languages - requires tolerance
X In dormitories or shared living spaces,
and compromise. Below are some pointers on
everyone has the responsibility to maintain
communication with others sharing the same
the cleanliness and hygiene of public spaces
living space:
such as the kitchen and bathroom. Consider
X Learn to respect differences in cultures, establishing a roster to ensure that the
lifestyles and communication styles. responsibility is shared equally;
Understand that others may not behave in
ways that you expect, so it is important to get X Respect the privacy of others. Even when
to know the people with whom you are living; sharing a tight living space, everyone needs
some time alone and a space of their own;
X If there is something that is bothering you,
speak to your roommate directly in a polite X Respect your roommates’ area and
manner. Avoid discussing the issue behind possessions and do not use their personal
her/his back as this can result in frustration possessions without permission.
and a breakdown in trust;
16 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Activity

Communicating with employers and colleagues

Duration: 30 minutes
Materials: None

i. The facilitator should ask the group for four (4) volunteers and divide them into pairs;

ii. Each pair should then be given the same scenario: “first, someone in the hostel has
used your plate to eat beef and you are unhappy about it because you do not eat beef
for religious reasons; and second, the person did not ask for permission before using
your plate;”

iii. Make each pair enact how they would deal with the situation. Ask the first pair
of volunteers to approach the situation in a composed manner - speaking calmly,
explaining the situation politely and suggesting a solution. Ask the second pair
of volunteers to handle the matter in a rude manner, - speaking loudly as in a
confrontation;

iv. The facilitator should ask the participants watching both scenarios:

a. How do you feel about the two approaches?

b. Which part of each approach do you like?
c. Which approach do you think is more effective in resolving the issue?
d. What suggestions do you have for approaching this situation?
v. The facilitator should end the discussion by reiterating that it is important to learn to
respect different cultures and to compromise with one another. Being tolerant and
communicating politely is key to avoiding disagreements.

X 1.4 Taking care of general health and hygiene

Maintaining good domestic and personal hygiene annually for the first two years. Subsequently they
is important for keeping healthy. Inadequate must have a medical examination on alternate
domestic or personal hygiene can lead to many years – fourth, sixth, eighth, tenth years and so
sicknesses and diseases, including food poisoning, on4- and those who fail these tests are not allowed
pneumonia, skin infections, colds and flu, to renew their work permits.
hepatitis and tuberculosis. Migrant workers are
A number of examples for maintaining good
also required to undergo a number of compulsory
domestic and personal hygiene are listed here-
medical examinations – upon arrival and then
below:

4 FOMEMA: Foreign Worker’s Medical Examinations Programme

 X 1. Living and working in Malaysia 17

1.4.1 General health X Protection from the sun is important. If a

job entails long hours under the sun, wear
X Food and nutrition are key to good health. a hat, a long-sleeve shirt and sunglasses for
Making smart choices on nutrition and food protection;
can help to prevent disease;
X If consuming alcohol, do so moderately. Never
X If the job requires manual labour, consume drink while at work;
food that can fuel the body sufficiently;
X Exercise regularly. This helps to improve
X Have a balanced diet that includes nutritious/ physical and mental health.
healthy food such as fruits and vegetables,
and avoid food with a high sugar and sodium
content; 1.4.2 Domestic hygiene
X Hydrate the body properly by drinking water, X Maintain cleanliness in the living space.
even when busy. Failing to drink enough Domestic work such as sweeping and washing
water can result in adverse effects such as floors, cleaning the toilet, changing and airing
headaches, muscle cramps and dizziness; bed sheets and blankets, and washing the
dishes after meals are examples of domestic

X Box 1.1. COVID-19: Reducing the chances of being infected

The most common symptoms of COVID-19 X Cover your mouth and nose with a bent
are fever, dry cough, and tiredness. Other elbow when coughing or sneezing.
symptoms that are less common and may
affect some patients are aches and pains, X Dispose of used tissue and immediately

nasal congestion, headache, conjunctivitis, wash your hands.

sore throat, diarrhoea, loss of taste or smell, a
X Stay home and self-isolate if you have
skin rash or a discoloration of fingers and toes.
minor symptoms. If leaving the house is
X Regularly and thoroughly clean your necessary, wear a mask to avoid infecting
hands with an alcohol-based hand rub, or others.
wash your hands with soap and water.
X In the event of a fever, cough and
X Maintain at least a 1-metre (3 feet) difficulty breathing, seek medical
distance from others. When someone attention. Call by telephone in advance if
coughs, sneezes, or speaks, they spray possible and follow the directions of the
small liquid droplets which may contain local health authority.
the virus.
Malaysia’s Social Security Organisation
X Avoid going to crowded places. (SOCSO) has designated COVID-19 as an
occupational disease. Workers may be
X Avoid touching your eyes, nose and exposed to the risk of COVID-19 infection on
mouth. Once contaminated, hands can account of the nature of their work and their
transfer the virus to the eyes, nose or exposure to infected persons. Documented
mouth and enter the body. migrant workers are SOCSO contributors
and are entitled to compensation under the
Employment Injury Scheme.
Source: World Health Organization
18 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

work that should be carried out to keep living 1.4.3 Personal hygiene
spaces clean;
X Wash the body often. In Malaysia, it is
X If living space is shared with others, cleaning common for people to shower, brush their
tasks may be divided among those who live in teeth, and wash their hair with soap every
the shared space; day;

X Maintain cleanliness in the areas outside the X Keep fingernails and toenails trimmed and
house or where you live. Removing rubbish clean;
and stagnant water can discourage the
breeding of mosquitoes. Mosquito-borne X Apply deodorant or antiperspirant as
diseases such as dengue fever are common in necessary;
Malaysia;
X Avoid sharing personal hygiene items such as
X If there are communal toilets or laundry toothbrushes and towels;
facilities, it is important to clean them
X Wash hands with soap after going to the toilet
regularly and check for blockages;
as well as before and after preparing food
X The kitchen should be kept clean. Kitchen and/or having meals;
waste should be disposed of carefully to avoid
X Wear clean and neat clothing. Clothes should
pests and rodents;
be washed when they are dirty and dried
X There are designated locations for garbage properly. It is common for people to hang
disposals. Do not dispose of garbage on public their clothes out in the sun to dry;
roads or throw it out of the window.

X Box 1.2. Common infectious diseases in Malaysia

Infectious diseases can have severe health removing containers that can hold water,
and financial repercussions for migrant wearing long-sleeved clothes in areas where
workers. Those common in Malaysia are there are mosquitoes, and applying insect
dengue and tuberculosis (TB). Preventing repellents or using a mosquito net.
infectious diseases requires practising good
personal and domestic hygiene at all times. Tuberculosis
If a migrant worker is suspected of having Tuberculosis (TB) is an infectious disease
an infectious disease, she/he should seek that usually affects the lungs, although it
medical assistance immediately. can also affect other body parts such as
the bones, joints, genito-urinary system,
Dengue intestines, skin and others. TB infection is
Dengue is one of the most common viral usually caused by airborne transmission
diseases in Malaysia. Dengue viruses are from person to person. The most common
transmitted to humans through the bites of symptoms of TB are a cough that lasts for
the striped Aedes mosquito. Dengue does more than two weeks, cough with sputum
not spread directly from person to person. which is occasionally bloodstained, a loss of
Symptoms of dengue fever are aching appetite and loss of weight, fever, dyspnoea,
muscles and joints, a body rash, high fever, night sweats, chest pain and hoarseness of
intense headache, pain behind the eyes, voice.
vomiting and nausea. Prevent dengue by
 X 1. Living and working in Malaysia 19

X Turn away from other people or cover your when you sneeze or cough.
nose and mouth with a tissue/handkerchief

X Note to facilitator

At the end of this section, randomly select participants and ask them to recall three things they
remember from the lesson on taking care of general health and hygiene.

© Melissa Jeanty/Unsplash
20 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Workers’ rights and

responsibilities and
employers’ obligations

© Joshua Anand/Unsplash
X 2. Workers’ rights and responsibilities and employers’ obligations 21

X2
22 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Objectives

Introduce the main legislation in Malaysia related to migrant workers;

Provide practical information to migrant workers about their rights and entitlements at
work, as well as about relevant tools such as mobile applications and social media
platforms to facilitate their access to information;

Increase the migrant workers’ understanding of how their wages are calculated

X Recommended agenda

Focus area Timing Activities and materials

Main employment 15 minutes Lecture

legislation in Malaysia

Overview of employers’ 20 minutes Lecture

responsibilities in Malaysia

Overview of migrant 15 minutes Lecture

workers’ rights and 30 minutes Activity – Group discussion
responsibilities in Malaysia

Rights at work 45 minutes Lecture

20 minutes Activity – True/ False

Joining a trade union 10 minutes Lecture

Sexual harassment 10 minutes Lecture

20 minutes Activity – Situation/ Behaviour/
Impact technique

Total Time 185 minutes

 X 2. Workers’ rights and responsibilities and employers’ obligations 23

X 2.1 Main employment legislation in Malaysia

Malaysia has a number of laws that regulate the workplace in Malaysia. It stipulates the duties
employment of migrant workers and safeguard of employers and employees with respect to
their rights at work. These are lengthy and the prevention against occupational hazards
complex legal agreements. The main legislation and worker protection at the workplace. It also
governing the relationship between an employer makes it incumbent upon employers to establish
and employee consists of: effective self-regulation schemes for safety
organization that are in line with the activities of
Employment Act 1955 the industry or enterprise.

The Employment Act is the main legislation

Passports Act 1966
governing relationships between an employer
and an employee and provides for minimum The Passports Act 1966 provides that all persons
standards of employment-related rights. These who enter and exit Malaysia must hold a passport;
include provisions on payment of wages, rest non-citizens must have a valid visa. The law
days, annual and sick leave, and termination of makes it an offence for any person without lawful
the employment relationship. The provisions of authority to use a passport issued for somebody
the Employment Act 1955 are further detailed in else.
this module.
Private Employment Agencies Act 1981
Employment (Restriction) Act 1968
The Private Employment Agencies Act 1981
The Employment (Restriction) Act 1968 states that regulates private recruitment agencies. It
the employment of a non-citizen in any business provides for the licensing of a company that
in Malaysia must be subject to the issuance of a acts as an intermediary between employers and
valid employment permit. It restricts the validity workers, with a view to recruiting and placing
period of an employment permit to two years. workers in employment.

Factories and Machinery Act 1967 Trade Unions Act 1959

The Factories and Machinery Act 1967 provides The Trade Unions Act 1959 regulates the
for the control of factories with respect to the management of trade unions. It prohibits non-
safety, health and welfare of persons therein, and citizens from holding office in a trade union,
the registration and inspection of machinery. or from being employed as a member of staff
therein.
Industrial Relations Act 1967
Workers’ Minimum Standards of
The Industrial Relations Act 1967 regulates the
relations between employers, workers and
Housing and Amenities Act 1990
their trade unions. It sets the rules for collective The Workers’ Minimum Standards of Housing
bargaining and procedures for handling trade and Amenities Act 1990 stipulates the minimum
disputes, and guarantees freedom of association. standards of housing and amenities for workers
and their dependents provided by an employer or
Occupational Safety and Health Act 1994 centralized accommodation provider.

The Occupational Safety and Health Act 1994 is

the main law governing safety and health at the
24 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X 2.2 Overview of employers’ responsibilities in

Malaysia

2.2.1 Secure the safety, health the plantation sector. This is an annual renewable
hospital and surgical insurance scheme that
and welfare of persons at work covers the cost of treatment at public hospitals.
Without SPIKPA, a migrant worker cannot
It is an employer’s duty to provide a safe and renew her/his work permit. The cost of the
healthy place of work and be responsible for: health insurance scheme may be covered by the
X Providing training and supervision to ensure employer or passed on to the migrant worker
safety and health at work; through wage deductions. If migrant workers
experience wage deductions for health insurance,
X Issuing suitable and adequate protective it is important that they know how much is being
equipment to workers, and ensuring the use deducted each month. They should have a copy
of the personal protective equipment (PPE) of the insurance policy and understand the terms
provided. Examples of personal protective and conditions of their insurance coverage.
equipment are personal protective clothing,
goggles, gloves, leggings, helmets, footwear
and protective ointment or lotions; 2.2.4 Provide workers
X Establishing a safety and health committee in
with employment-related
a workplace with forty or more persons, and rights and benefits in
consulting the safety and health committee
with a view to promoting and developing
accordance with the law
safety and health measures. The employer is responsible for providing
workers with the rights and benefits to which
they are entitled under the law – with respect
2.2.2 Register migrant to wage payments, overtime rates, days of rest,
workers with the Social public holidays, annual leave and termination of
employment.
Security Organization
(SOCSO) 2.2.5 Comply with
Employers who employ migrant workers immigration regulations for
(excluding domestic workers) are responsible
for registering their employees with SOCSO and the renewal of work permits
contributing to the Employment Injury Scheme
Migrant workers in Malaysia hold the VP(TE) /
(EIS). Each migrant worker registered with SOCSO
PLKS, commonly referred to as a “work permit”.
will have a Foreign Workers’ Social Security
It is the employer’s responsibility to facilitate the
Number (FWSS), which is required for making
process of renewing a migrant worker’s work
claims and other matters.
permit and to pay for the migrant workers’ levy.
The cost of this levy cannot be recovered through
2.2.3 Organize migrant wage deductions. The process for renewing the
work permit can start as early as three months
workers’ health insurance before its expiry date. Once the work permit
Employers must organize health insurance for expires, it cannot be renewed online. It should
their migrant workers under the Foreign Worker be noted that migrant workers who do not
Hospitalization and Surgical insurance Scheme have a valid work permit are considered to be
(SPIKPA), with the exception of those who work in undocumented workers. This is in violation of
Malaysian laws.
 X 2. Workers’ rights and responsibilities and employers’ obligations 25

X Note to facilitator

The facilitator should show participants a sample of a work permit. The sample below may
be used

Select five participants randomly and ask them to recall one thing they each remember from
the lesson on employers’ responsibilities in Malaysia.

X Box [Link] of a migrant worker’s VP(TE) or “work permit”

X VP(TE) is valid for a period of 12 months. Representative/Form Company

Employers can apply for a VP(TE) representatives have an endorsed/copy
extension three months before its expiry of the employer’s identity card)
date.
X Security bond in the form of a bank
X Employers must ensure that the guarantee/insurance guarantee/deposit
extension application is made before the (the validity period of a bank /insurance
VP(TE) expires. Any application submitted guarantee is at least 18 months)
after the expiry date will be referred to
the Immigration Enforcement Division for X Foreign Worker Hospitalization and

consideration. Surgical insurance Scheme (SPIKPA) –

except for the plantation sector

What is required to renew a X Slip of Foreign Workers’ Compensation

migrant worker’s VP(TE)? Scheme (FWCS)
X Passport of the migrant worker still valid
X Migrant workers must undergo a medical
for 12 months and above
examination and be certified fit by the
X Application letter to extend the VP(TE) clinic or medical centre registered with
FOMEMA (for the second- and third-year
X Identification document of an employee/ extension only)
company representative (SSM company/
Form 49/Form B and D/Card Company
26 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X 2.3 Overview of migrant workers’ rights and

responsibilities in Malaysia

2.3.1 Right to a safe workplace X Working in a dusty environment will affect

your lungs and may cause breathing-related
All workers are entitled to a safe and healthy problems. You must use safety masks and
workplace, including a workplace that is free from goggles as a basic minimum;
violence and harassment. However, workers also
X Working in a noisy environment can
have a responsibility to ensure the workplace is
lead to permanent hearing damage. You
safe and healthy. They must take care of their own
should therefore use earplugs to block out
health and safety at work, use personal protective
excessively loud sounds.
equipment (PPE) provided by the employer, and
comply with laws and workplace policies on
health and safety.
2.3.2 Right to healthcare
Workers should be instructed to take the
following precautions to protect themselves from
and social security scheme
occupational hazards: Employers should provide employees with
X Be alert at work; health insurance and enrol migrant workers with
the SOCSO’s Employment Injury Scheme (EIS).
X Do not use equipment at work if you not Workers registered with the SOCSO’s EIS are
trained to handle it; entitled to5:

X Use appropriate PPE, which includes goggles, Medical benefit: Employees suffering from
gloves, safety vests, earplugs, masks, boots, employment injuries or occupational diseases
and safety helmets. The amount of time you may receive free medical treatment at SOCSO’s
have to wear PPE depends on the nature of panel clinics or Government clinics or hospitals
the work and its requirements; until they are fully recovered.
Temporary disablement benefit: This benefit
X It is important that you know where the safety
is paid for the period the employee is on medical
exits are located at work;
leave certified by a doctor.
X You must place tools and equipment in safe Permanent disablement benefit: This is a
and appropriate locations, which do not benefit that can be claimed by employees who
obstruct passages; suffer from permanent disability due to an
employment injury.
X It is vital that you understand warning
labels and signs that indicate hazardous or Dependants’ benefit: If an employee dies
dangerous materials; as a result of an employment injury, her/his
dependents are entitled to this benefit.
X Alert supervisors or employers to any hazards
at the workplace; Funeral benefit: The beneficiaries of migrant
workers who die in Malaysia and whose bodies are
X As chemicals enter the body through contact repatriated to their country of origin for burial are
with the skin and eyes, you must wear safety entitled to 6,500 ringgit in funeral benefit. In the
goggles and dress appropriately at all times case of migrant workers who die and are buried
when handling them; in Malaysia, their eligible beneficiaries will receive
2,000 ringgit - or in the case of non-beneficiaries,

5 Employees’ Social Security Act 1969, available at: [Link]

Security%20Act%201969%20-%[Link]
 X 2. Workers’ rights and responsibilities and employers’ obligations 27

the expenses will be reimbursed on the basis of 2.3.3 Right to access justice
the funeral receipt, whichever is lowest.
The law protects the right of migrant workers
Constant-attendance allowance: This allowance to access justice, including the right to legal
is paid to an employee who is so severely representation, and to access avenues for dispute
incapacitated or disabled as to constantly require resolution. The various mechanisms, formal and
the personal attendance of another person. informal, for migrant workers to access justice in
Rehabilitation: SOCSO subscribers have access the event of a dispute with their employers will be
to physical rehabilitation. discussed in Module 4.
Activity

Possible accidents and how to prevent them

Duration: 30 minutes
Material: Printed copies of the following table:

Based on the type of job you do, What might happen as a result What can you do to prevent an
what accidents might occur at of that accident? accident?
your workplace?

i. The facilitator should divide participants into several groups. Each group should be
given a sheet of paper with the above table printed on it.

ii. Participants should be given 20 minutes to discuss the questions and fill in their
answers on the printed sheet.

iii. The facilitator should ask the participants to assemble after 20 minutes, and each
group should select a representative to share its answers with everyone.

iv. The facilitator should reiterate that both workers and employers have a duty to
ensure that work conditions are safe and that the workplace is free from violence and
harassment
28 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X 2.4 Rights at work

2.4.1 Payment of wages, wage Minimum wage

deductions and paid holidays With the exception of migrant domestic workers,
migrant workers in Malaysia are entitled to a
The First Schedule of the Employment Act 1955 statutory minimum wage. The statutory minimum
is the basic legislation that governs the rights at wage in Malaysia is periodically revised. As at
work for employees in Malaysia. It applies to the February 2020, the statutory minimum wage in
following categories of workers6: Malaysia varies in accordance with location.7

X Employees whose monthly wages do not A monthly minimum wage of 1,200 ringgit applies
exceed 2,000 ringgit; to 16 city council areas and 40 municipal council
areas. They are:
X Employees engaged in manual labour;
City council areas: Alor Setar, Ipoh, Iskandar
X Employees engaged in the operation or Puteri, Johor Bahru, Kota Kinabalu, Kuala Lumpur,
maintenance of mechanically propelled Kuala Terengganu, Kuching Selatan, Kuching
vehicles; Utara, Melaka Bersejarah, Miri, Petaling Jaya,
Pulau Pinang, Seberang Perai, Seremban and
X Employees who supervise or oversee other Shah Alam
employees engaged in manual labour;
Municipal council areas: Alor Gajah, Ampang
X Employees engaged in any capacity on any Jaya, Batu Pahat, Bentong, Bintulu, Dungun,
vessel registered in Malaysia; Hang Tuah Jaya, Jasin, Jempol, Kajang, Kangar,
Kemaman, Klang, Kluang, Kota Bharu, Kota
X Domestic workers. Samarahan, Kuala Kangsar, Kuantan, Kubang
Pasu, Kulai, Muar, Kulim, Labuan, Langkawi,
For employees who are not covered under
Manjung, Padawan, Pasir Gudang, Port Dickson,
the Employment Act 1955, the employment
Putrajaya, Sandakan, Segamat, Selayang, Sepang,
relationship is governed by the terms of
Sibu, Subang Jaya, Sungai Petani, Taiping, Tawau,
employment between the employer and the
Teluk Intan, and Temerloh.
employee. With respect to employees’ rights
at work, these guidelines will be based on the
standards set by the Employment Act 1955.

Minimum wage rates

Monthly
Monthly Daily
Daily Hourly
Hourly

Number
Numberof
ofworking daysin
working days inaaweek
week

6 5 4

RM 1,200 RM 46.15 RM 55.38 RM 69.23 RM 5.77

RM = ringgit

6 First Schedule Employment Act 1955, available at: [Link]

7 Minimum Wages Order 2020 P.U.(A)5

 X 2. Workers’ rights and responsibilities and employers’ obligations 29

In areas which were not specified above, the

monthly minimum wage is MYR1,100.

Minimum wage rates

Monthly Daily Hourly

Number of working days in a week

6 5 4

RM 1,100 RM 42.31 RM 50.77 RM 63.46 RM 5.26

RM = ringgit

Payment of wages X Overpayment of wages as a result of the

employer’s mistake.
An employee can expect to be paid her/his wages
on a monthly basis, no later than seven days X Resignation of an employee without serving
after the end of the wage period. For example, the notice period required in the contract.
if a migrant worker is paid on a monthly basis
and receives her/his salary on the last day of the X An advance taken by a worker on her/his
month (e.g. 31 January), the next salary should be wages. In this case, a deduction can be made
paid before the seventh day of the next month to recover the advanced wages. No interest
(e.g. 7 February) The law provides that wages can be charged on the advance.
should be paid into a bank account in the name
X Payment for subscription for membership of a
of the employee.8 However, wages may be paid in
registered trade union.
cash or by cheque at the request of the employee.9
Certain salary deductions are only lawful when
Wage deductions they are made at the request of the migrant
worker and with prior written permission of the
Migrant worker s may experience wage
Malaysian government.12 The circumstances most
deductions during their time in Malaysia.
relevant to migrant workers are:
However, not all wage deductions are lawful. Only
deductions that are authorized by the law should X Deductions for payments to a third party
be made, and migrant workers should be aware (for example payment for non-mandatory
of the reason for any deductions made to their insurance premiums) on behalf of the migrant
wages. 10 The total of any amount deducted from worker.
a migrant worker’s monthly wage cannot be more
than 50 per cent - or half of the wages she/he has X Deductions for the purchase of goods sold by

earned that month.11 the employer to the migrant worker.

The following are lawful deductions of a migrant X Deductions for the rental for accommodation
worker’s wages: provided by the employer.

8 Section 25 of the Employment Act 1955

9 [Link]., section 25(A)

10 Section 24 of the Employment Act 1955

11 Section 24(8) of the Employment Act 1955

12 Section 24 of the Employment Act 1955

30 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Deductions for the cost of services provided It is important for migrant workers to keep
by the employer - such as electricity and a record of wage payments and any wage
transportation to the workplace. deductions made by the employer. The employer
has to provide every worker employed with a
X Deductions for food and meals provided by “payslip.”13 Payslips are important as evidence of
the employer. wages earned and paid in the event of a dispute
with the employer. Encourage migrant workers to
keep their payslips.

X Note to facilitator

The facilitator should project a sample of a payslip to workers. The sample below may be used.
X Go through each entry on the payslip so that workers understand the content;.

X Emphasize that payslips may look different but should contain key information on
payments and deductions.

13 Employment Regulations 1957, available at: [Link]

country=MYS&p_count=199
 X 2. Workers’ rights and responsibilities and employers’ obligations 31

Working hours and rest day The remaining six holidays are chosen by the
Normal hours of work in Malaysia are 48 hours in employer from the list of public holidays given
one week, or eight hours a day. An employee is in Module 1. If a public holiday falls on a rest day
also entitled to one paid day off a week. (usually a Sunday), the next work day will be a
holiday.
Work carried out in excess of normal hours of
work are considered as ‘overtime work’. The law
Overtime rates15
imposes a limit on overtime work up to a total of
104 hours in any one month.14 Under the Employment Act 1955, an employee
engaged in overtime work is entitled to overtime
Public holidays rates. The calculation of overtime pay can be
confusing and complicated. If an employee is
Every employee is entitled to 11 paid holidays a unclear about how overtime pay is calculated,
year. Five of these are: she/he should approach the employer or
X National Day (31 August) supervisor to seek a better understanding of the
calculation.
X Birthday of the King (First Monday of June)

X Birthday of the Yang di-Pertua Negeri or Ruler

of the state where the employee works

X Labour Day (1 May)

X Malaysia Day (16 September)

An employee who is paid on a monthly basis is

entitled to the following overtime rates:

Working in excess of normal working hours on a normal 1.5 x hourly rate of pay
work day

Working on a public holiday, but normal working hours two days’ wages at the ordinary rate of pay

Working on a public holiday in excess of normal working 3 x hourly rate of pay

hours

An employee who is paid piece rates is entitled to

the following overtime rates:

Working on a rest day at normal working hours 2 x ordinary rate per piece

Working on a public holiday, but normal working hours 2 x ordinary rate per piece

Working on a public holiday in excess of normal working 3 x ordinary rate per piece
hours

14 Employment (Limitation of Overtime Work) Regulations 1980, available at: [Link]

fr&p_isn=48055&p_count=102766&p_classification=01.02&p_classcount=1243

15 Hourly rate of pay refers to the ordinary rate of pay divided by the normal hours of work.
32 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Note to facilitator

Inform the participants about the SaverAsia app and website ([Link]), which allows
migrant workers to access an overtime pay calculator. It also includes a budget calculator and
guidance on finance basics. It also enables migrant workers to compare money transfer services
based on cost, speed and method of transfer to help them make smart choices about sending
money home.a

wants to take leave, she/he must request a leave

Paid annual leave
of absence from the employer. An employee does
Paid annual leave is paid time off from work not have to provide justification for applying for
granted to employees; annual leave days are in leave. The employer may reject leave applications.
addition to rest days and paid holidays.
The minimum requirements for annual leave are
Exercising leave entitlements requires the as follows16:
employer’s permission. When a migrant worker

Years of service Paid annual leave entitlement (for every 12

months of continuous service)

Less than two years eight days

Two years and more but less than five years 12 days

More than five years 16 days

Sick leave If an employee takes paid sick leave, she/he is

required to have a medical certificate (commonly
The Employment Act 1955 provides the minimum
referred to as “MC”) provided by a doctor or
requirements for sick leave as follows17:
dentist and to inform the employer of the

Years of service Paid annual sick leave (for every 12 months of

continuous service)

Less than two years 14 days

Two years and more but less than five years 18 days

More than five years 22 days

16 Section 60E of the Employment Act 1955

17 Section 60F of the Employment Act 1955

 X 2. Workers’ rights and responsibilities and employers’ obligations 33

situation. If employees do not inform or attempt prior consent from the workers or failing to
to inform the employer that they are on sick leave, pay the workers’ wages;
they will be considered to have been absent from
work without permission. Employees who are b. Workers may terminate the contract
absent from work without approved leave may prematurely without giving notice in the
be subject to disciplinary action, including verbal event of a serious illness;
or written warnings and dismissal.18
c. Workers may terminate the contract
It should be noted that some employers require prematurely without giving notice due to
their employees to obtain a sick-leave certificate extenuating circumstances, such as the
from panel clinics and hospitals they have death or serious illness of a family member.
specifically chosen to provide medical treatment
to their employees. Premature termination of
employment without cause
Termination of employment If a migrant worker voluntarily terminates the
Either the employer or employee may at any time work contract without stating the cause and
give notice to the other party of her/his intention giving reasonable notice, she/he is bound – in the
to terminate the employment contract.19 absence of any fault on the employer’s part - to
pay the employer the notice period and other
For a migrant worker, employment in Malaysia compensation as contractually agreed.
is also tied to immigration status. Migrant
workers must have a valid permit issued by the In the event that an employer voluntarily
immigration department to stay in Malaysia. terminates the work contract without cause, he/
she is bound to pay for the notice period and
The conditions under which both parties can any other termination benefits or compensation
terminate the contracts prematurely are as in accordance with the Employment Act 1955.
follows: Upon termination of employment and prior to
Employers: repatriation, migrant workers shall receive all
outstanding remuneration including wages,
a. Employers may terminate a work contract bonus, overtime payments, and other benefits
prematurely without giving notice on the including severance payments.
grounds of gross misconduct, as stipulated
in the Employment Act. Examples of
gross misconduct may include a worker Repatriation
committing a criminal act, such as When the work contract expires - or upon
destroying public property, or leaving her/ termination of an employment contract - - the
his employment without notice. migrant worker must be repatriated to her/
his country of origin. As part of the repatriation
Workers:
process, the cost of the worker ’s return
a. Workers may terminate a work contract airfare should be borne by the employer upon
prematurely without giving notice in the completion of the worker’s contract.
event of harassment, abuse, or a serious
In the event of a premature termination of an
violation of their rights by the employer.
employment contract on account of bankruptcy
Examples of serious violations range from
or the employer’s breach of contractual terms, the
the employer unilaterally changing the
employer is bound to pay for the costs of the
terms of employment without obtaining

18 Section 60F(1) of the Employment Act 1955

19 Section 12 of the Employment Act 1955

34 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Activity

Rights at work
Duration: 20 minutes
Materials: None

The purpose of this exercise is to reinforce the points from section 2. 4 (Rights at work).
Repeating these facts as part of this activity will help remind participants of their rights and
employment entitlements.
i. The facilitator should divide the hall or seminar venue into two imaginary areas. One
section of the hall represents the answer “TRUE”, the other section represents the
answer “FALSE”;

True False

ii. The facilitator should explain to the participants what the two sections represent;

iii. The facilitator should inform the participants that they will be asked a series of
questions,and that they should move to the relevant section of the hall which best
represents their answers;

iv. The facilitator will immediately clarify answers and reiterate points if any participant
responds to questions incorrectly.

Questions:
a. The minimum wage throughout Malaysia is 1,200 ringgit (Answer: False – in some
areas it is 1,100 ringgit and in others it is 1,200 ringgit);
b. Wages should always be paid in cash to employees (Answer: False – wages should
be paid into the employees’ bank account unless they have specifically asked for a
cash payment);
c. An employer can deduct wages for accommodation if she/he has obtained
permission from the relevant government department (Answer: True);
d. All deductions made must be reflected in the payslip (Answer: True);
e. The total amount deducted cannot exceed 50 per cent (half) of a worker’s monthly
salary (Answer: True);
f. Normal working hours are ten hours per day (Answer: False - normal working hours
are 8 hours per day);
g. “Overtime” is any work performed over eight hours a day (Answer: True);
h. Every employee is entitled to 11 paid public holidays in a year (Answer: True);
i. If an employee performs overtime work in excess of eight hours on a normal day,
the employee is entitled to 1.5 times the hourly rate (Answer: True);
 X 2. Workers’ rights and responsibilities and employers’ obligations 35

j. An employee can take sick leave as and when she/he feels like it (Answer: False – an
employee is required to obtain a medical certificate provided by a doctor or dentist
and inform the employer that she/he is on sick leave);
k. In no circumstances can an employee terminate an employment contract
(Answer: False - an employee can terminate an employment contract in the event
of harassment or abuse by the employer. An employee can also terminate the
employment contract if she/he contracts a serious illness or due to extenuating
circumstances, such as the sudden death or serious illness of a family member);
l. The cost of the employee’s return airfare should be borne by the employer upon
completion of the employment contract (Answer: True).

X 2.5 Joining a trade union

It is the right of all workers in Malaysia, irrespective workers to understand their rights with respect to
of whether they are nationals or migrants, to join joining and forming a trade union.
a trade union if they wish to do so. A trade union is
X While it is the right of every worker of
an independent organization or group of workers
Malaysian citizenship to form a trade union20,
from a common establishment, trade, occupation
migrant workers are not allowed to form
or industry - or within similar trades, occupations
a union of their own or to hold elected
or industries. These bodies organize collective
leadership positions in trade unions;21
actions to defend workers’ interests by means of
mechanisms such as collective bargaining. Trade X Joining a trade union is a choice. A worker may
unions also play a key role in promoting good and choose not to join a trade union and cannot
harmonious relations between employers and be forced to do so;
workers at the individual and collective level by
participating in dispute prevention and resolution X Trade unions may collect a subscription fee
mechanisms, where they represent and defend from their members;
workers’ rights.
X An employer cannot prohibit workers from
joining a trade union, or include a clause in
2.5.1 The right to join and the employment contract banning them from
doing so;
form a trade union
X An employer cannot refuse to employ a
Joining a trade union can have a significant impact
person on the basis of her/his trade union
on a worker’s working and living conditions. It
membership;
provides a platform for workers to voice their
grievances collectively, negotiate for better X An employer cannot discriminate against a
employment-related benefits with employers, worker on the grounds that she/he is a trade
and represent individual workers in disputes union member;
with their employers. It is therefore important for

20 Section 4 of the Industrial Relations Act 1967, available at: [Link]

ELECTRONIC/48066/99440/F1841123767/[Link]

21 Sections 28(1) and 29(2) of the Trade Unions Act 1959, available at: [Link]
lang=en&p_isn=10327&p_country=MYS&p_count=199
36 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X An employer cannot dismiss or threaten to leader or representative at the workplace, or

dismiss a worker because of her/his trade the trade union leader or representative in the
union membership or participation in trade relevant trades and industry. The process for
union activities. joining a trade union and the fees for trade union
membership differ between trade unions.
If a migrant worker is interested in joining a trade
union, she or he can approach the trade union

X 2.6 Sexual harassment

Employers are responsible for providing a safe X Non-verbal/gestural harassment: Leering

working environment for workers, including one or ogling with suggestive overtones, licking
that is free from violence and harassment. Sexual lips or holding or eating food provocatively,
harassment can happen anywhere, including hand signals or sign language denoting sexual
at the workplace. A worker should not feel activity, persistent flirting;
embarrassed to talk about or speak up against
sexual harassment. Under Malaysian laws, an X Visual harassment: Showing pornographic

employer is required to inquire into all complaints materials, drawing sex-based sketches or
of sexual harassment. writing sex-based letters, sexual exposure;

X Psychological harassment: Repeated

2.6.1 What is sexual unwanted social invitations, relentless
proposals for dates or physical intimacy ;
harassment?
X Physical harassment: Inappropriate
Every individual has the right to a world of work touching, patting, pinching, stroking,
free of violence and harassment. Under the brushing up against the body, hugging,
Employment Act 1955, “sexual harassment” is kissing, fondling, sexual assault.
defined as any “unwanted conduct of a sexual
nature, whether verbal, non-verbal, visual, Sexual harassment might also occur it an
gestural or physical, directed at a person which employer uses a refusal to submit to such conduct
is offensive or humiliating or is a threat to his as a pretext for not hiring someone. It might also
well-being, arising out of and in the course of his interfere with the employee’s work performance,
employment”. or create an environment that is hostile and
intimidating.
Sexual harassment occurs when a recipient
does not consent to a conduct that is sexual in
nature, which can occur in a number of ways 2.6.2 Online sexual
and take various forms. Both women and men
can be subjected to this - and also perpetrate harassment
it. Similarly, sexual harassment can occur in Sexual harassment can also occur online,
different employment-related situations such through social media platforms and other
as during work-related social functions, work- virtual communication technologies. Online
related training sessions, work-related travel, harassment often has long-term and debilitating
over the phone and through electronic media. consequences on its victims because Information
Some forms that sexual harassment might take posted on social media remains for a long time
are listed below: and appears whenever someone searches for
X Verbal harassment: Offensive or suggestive information. This harassment can take many
remarks, comments, jokes, jesting, kidding, forms - be it sexual comments or advances,
sounds, questioning; attempts to obtain a sexual act, or sexual threats
 X 2. Workers’ rights and responsibilities and employers’ obligations 37

and coercion. It may also consist of spreading details of when, where and how it occurred
rumours online, filming and distributing photos and give the names of any witnesses who
and videos of someone in a sexual act without were present;
their consent, and sending damaging images with
the aim of harming or humiliating an individual. X File a formal complaint using your company’s
policies and procedures. If this is not available,
file a complaint with the police. Seek the
2.6.3 What to do in the case help of trade union representatives or non-
of sexual harassment? governmental organizations for filing a formal
complaint.
If a person is being sexually harassed at work,
It is not easy for a victim of sexual harassment to
there are a number of things she/he can do to
report what has happened. For a migrant worker,
protect herself/himself.
power imbalances between the harasser and the
X Tell the harasser firmly that his/her behaviour victim may play a part in the victim’s reluctance
is not wanted; to report the incident(s). For example, a migrant
worker’s work permit is tied to a specific employer
X If the harassment does not stop, report
and repor ting an incident of harassment
it to the supervisor. If the harasser is the against an employer or supervisor may lead
supervisor, report it to others such as a trade to its termination or cancellation. There are
union representative; organizations in Malaysia that provide support
X Document and record the details of the
services for migrant workers who are victims of
harassment every time it happens. Include violence (box 2.1). A directory of services will be
provided in Module 4.

X Box 2.2. Seeking help for sexual harassment

There are a number of organizations X Women’s Aid Organisation: Hotline:

providing support services to victims of +60379563488 (24 hours)
violence, which can be contacted if assistance
is required. X Women’s Aid Organisation: SMS/
WhatsApp TINA: +60189888058
X All Women’s Action Society: Helpline/ (24 hours)
WhatsApp: +60162374221
X Tenaganita: Hotline: +60123350512 and
+60123395350 (24 hours)
38 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Activity

Sexual harassment scenario

Duration: 20 minutes
Materials: None

i. The facilitator should obtain two volunteers for role-play: one person subjected to
“sexual harassment” and the other responsible for the behaviour;

ii. The facilitator should ask the participants to think about a sexual harassment scenario
that could potentially take place at their workplace. The person responsible for the
behaviour is asked to enact the situation. Afterwards, the facilitator should ask the
person subjected to the behaviour the following questions:

Step 1: Describe what happened;

Step 2: Describe the behaviour that took place;
Step 3: Describe the impact/ effect it had on you;
Step 4: Describe what you want the person to change;
Step 5: State the consequences if the behaviour does not change.
iii. The facilitator should then ask one or two participants to discuss one specific thing that
was said, which made it clear the behaviour was unwelcome.
© Deva Darshan/Unsplash
40 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Challenges commonly
experienced by migrant
workers in Malaysia

© Antonella Bologna
X 3. Challenges commonly experienced by migrant workers in Malaysia 41

X3
42 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Objectives

Provide an overview of the common challenges that migrant workers face in Malaysia

Contribute to the understanding among migrant workers of how they may be affected
by labour rights and human rights violations

X Recommended agenda

Focus area Timing Activities and materials

3.1 Workplace conflicts 10 minutes Lecture

3.2 Labour rights violations 20 minutes Lecture

3.3 Substandard working and 10 minutes Lecture

living conditions

3.4 Violence and harassment 10 minutes Lecture

30 minutes Activity – Case study

Total time 80 minutes

Migrant workers stand to benefit from positive labour migration experiences. Labour migration
can be a way of fulfilling personal aspirations, increasing earnings, and gaining new skills and
knowledge. Despite the gains that can be made from migrating for work, it is important to
highlight that living and working in Malaysia may lead to negative experiences and outcomes.
Negative experiences can vary from minor workplace conflicts to severe labour rights violations.22
Some of these challenges may be resolved through informal interventions, while others may
require migrant workers to engage with formal labour dispute resolution mechanisms.
Providing information to migrant workers on the various challenges they may face not only
helps them to have a a better overall understanding of labour migration outcomes in Malaysia
but also makes them more aware of their rights - and when they may be violated.
When presenting the following sections to the participants, facilitators are encouraged to draw
upon personal experiences with respect to handling or responding to workplace challenges.
This will help to illustrate how the various themes discussed might directly apply to them as
migrant workers in Malaysia.

22 ILO: Risks and Rewards: Outcomes of Labour Migration in South-East Asia - Key Findings in Malaysia
(Bangkok, 2017)., available at: [Link]
publication/wcms_628385.pdf
 X 3. Challenges commonly experienced by migrant workers in Malaysia 43

X 3.1 Workplace conflicts

Workplace conflicts are inevitable when employees X Differences in opinions.

with various personalities, cultural backgrounds
and communication styles come together. They Workplace conflict can be expressed in a variety
may occur between and among employees and of ways such as anger, bullying, incivility,
between employees and employers. Workplace impolite language and communication, as
conflicts arise on account of: well as non-cooperation among colleagues. In
extreme cases, these behaviours can amount to
X Personality differences; violence and harassment. They may also result
in work disruptions, decreased productivity and
X Miscommunication or misunderstandings;
emotional stress. In the case of migrant workers
X Perceived inequities in the distribution of living in employer-provided or centralized
resources and rewards; accommodation, this unresolved interpersonal
tension among colleagues may spill over to the
X Confusion as to the scope of work or the roles living space.
of different employees at the workplace; and

X 3.2 Labour rights violations

As discussed in Module 2, the law in Malaysia X Lack of adequate PPE provided to workers;
provides protection for a wide range of workers’
rights. However, workers may find themselves X Physical abuse;

with employers who do not comply with statutory

X Sexual abuse;
labour rights standards. Violations of the law
take many forms, and migrant workers may be X Verbal abuse including threats by employers
confronted with one or more of them perpetrated to denounce workers to authorities or to not
by their employers or agents. These labour rights pay workers’ wages;
violations may include:
X Contract substitution; and
X Withholding of identity documents;
X Wages below legal minimum wage.
X Inability to take leave from work;
Many migrant workers on a short-term contract
X Inability to leave place of accommodation/
may feel compelled to accept the labour rights’
hostel to go out other than for work; violations and be reluctant to pursue legal
X Excessive work hours; remedies out of fear of retaliation from their
employers. This vulnerability is compounded
X No paid day off; by the constraints they face in accessing legal
remedies, including the fear of termination and
X No payment for overtime work performed; becoming undocumented, the lack of information
or understanding of their rights and redress
X Misinformation about the nature of the job
options, and the absence of legal aid services for
(tasks);
migrant workers.
X Misinformation about payment of wages;
44 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X 3.3 Substandard working and living conditions

Migrant workers may find themselves in working standards set by the Workers’ Minimum Standards
and living conditions that do not match their of Housing and Amenities Act 1990. 23 This Act
expectations or reflect what was promised when stipulates that it is the employer’s duty to:
they were recruited. Substandard working and
X Provide free and adequate running water and
living conditions can negatively affect migrant
electricity;
workers’ physical and mental health. In particular,
unsanitary living conditions can contribute to the X Keep buildings in a good state of repair;
spread of diseases, which prevents individuals
from working and undermines the well-being of X Provide separate accommodation for
the wider community. employees of the opposite gender;

X Take necessary preventive measures to

3.3.1 Substandard ensure the employees’ safety and well-being;

working conditions X Take fire safety measures in accordance with

the law;
Workers may also be exposed to unsafe working
conditions on the job, which can result in injuries X Ensure that the electrical wiring complies with
or deaths. Substandard working conditions can the statutory safety requirements;
include working in conditions that do not comply
with national laws on safety and health, working X Ensure that employees receive the necessary
with defective machinery, a lack of or inadequate medical assistance; and
PPE required for the job, a lack of on-the-job
X Take preventive measures to contain the
training for the task required, excessive working
spread of infectious diseases.
hours without rest days, a dirty or cluttered
workplace, and inadequate or broken warnings Despite this legislation, many workers live in
systems. Some workers also live on the premises accommodation that does not comply with
where they work, which carries workplace hazards these requirements. Migrant workers are often
over to their living space. housed in crowded living spaces that do not
have adequate sanitary amenities, which may
3.3.2 Substandard negatively impact their health and privacy.

living conditions
Employers and centralized accommodation
providers have to comply with the minimum

23 The amendments to the Workers’ Minimum Standards of Housing and Amenities Act 1990, adopted in 2019, only apply to
Peninsula Malaysia and the Federal Territory of Labuan. However, the Governments of Sabah and Sarawak have agreed that
the same provisions will be included in their respective Labour Ordinances.
 X 3. Challenges commonly experienced by migrant workers in Malaysia 45

X 3.4 Violence and harassment

The ILO Violence and Harassment Convention, spreading of rumours or distributing of personal
2019 (No. 190) defines violence and harassment information to others without permission; and an
as “a range of unacceptable behaviours and abuse of power.
practices, or threats thereof, whether a single
Violence and harassment not only occurs at
occurrence or repeated, that aim at, result in,
the workplace but can also happen in other
or are likely to result in physical, psychological,
circumstances, such as:
sexual or economic harm, and includes gender-
based violence and harassment”. X Where workers receive their pay, take a rest
break or a meal, or in sanitary, washing and
The term “violence and harassment” often means
changing facilities;
different things to different people. Women and
men may also perceive the concept differently. It X During work-related trips, travel, training, or
may be caused by employers’ behaviours towards social activities;
their employees or exist between employees.
Some examples of unacceptable behaviours are: X Through work-related communications,
sexual, offensive or insulting remarks; threats including social media platforms;
and intimidating language; racist or sexist
X In employer-provided accommodation; and
remarks and jokes; behaviour that intentionally
humiliates others; bullying and cyberbullying; the X When commuting to and from work.

X Box 3.1. Being stopped by a police officer

Migrant workers often encounter police X The migrant worker should note the
officers in their day-to-day lives in Malaysia. number plate of the police patrol car or
They may meet them on their way to and from motorcycle if stopped;
work, or on their rest days. These encounters
can happen anywhere – near the migrant X A police officer is authorized to ask the

workers’ place of work or accommodation migrant worker for her/his name, address
and in public spaces – and can sometimes and identification document. This is why
lead to arrest and detention. Knowing their it is important for migrant workers to
rights will help migrant workers interact carry with them their passport and also a
with law enforcement officials during these copy of the passport. If the police officer
encounters. asks for more than the migrant worker’s
name, address and identity document,
X A police officer should be in uniform. If she/he should politely ask: “Am I under
a migrant worker is stopped by a police arrest?”
officer in plain clothes, she/he can ask
for a police authority card. The police X A migrant worker is under arrest when
authority card will state the police the police officer says that she/he is, does
officer’s name and ID number. If the not allow her/him to leave, wants to take
police authority card is red, it means that her/him to the police station or handcuffs
the police officer has been suspended her/him;
and has no authority to stop anyone;
X If a migrant worker is not under arrest,
she/he can refuse to follow the police
46 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

officer to the police station or anywhere relevant service providers can be found in
else; this manual;

X If a migrant worker is under arrest, he/ X The migrant worker should inform these
she should not resist and ask: “Why am I contacts that an arrest has occurred, the
under arrest?” An arrest is unlawful when reason for the arrest, the time and place
the person arrested is not informed of of the arrest, and the name of the police
the reason for the arrest. The migrant station to which she/he has been taken;
worker should also ask which police
station she/he will be taken to. X After an arrest, the migrant worker may
be detained up to 24 hours at the police
What happens when a migrant worker is station or in a “lock-up” to assist the
under arrest, and what are her/his rights police investigation;
after an arrest and during detention?
X The police officer must bring the migrant
X The migrant worker has the right to make worker to a magistrate to request for a
a telephone call. She/he is encouraged remand order to extend the detention
to call a family member, friend, beyond 24 hours. The remand order
employer, the embassy or a civil society can last up to 14 days. The police cannot
organization that she/he knows. A list of detain persons beyond 15 days without
charging them with an offence.
Activity

Case study: Madhu (scenario 1)

Duration: 30 minutes
Material: Printed copies of the case study

i. The facilitator should divide participants into several groups. Each group should be
given a copy of the case study below.

ii. Participants should be given 20 minutes to read and identify labour rights violations in
the case study.

iii. The facilitator should ask the participants to gather together after 20 minutes and
choose a representative from each group to share their answers with the whole group.

iv. When participants are sharing their answers, facilitators are encouraged to probe
participants on a potential remedy for the worker in the case study.

v. The participants should be informed that the next Module (4) will provide more clarity
on available remedies.
 X 3. Challenges commonly experienced by migrant workers in Malaysia 47

Case study: Madhu

Madhu is a Nepalese worker who came to work in Malaysia two years ago. His agent in Nepal
told Madhu that he would work in a grocery shop in Malaysia.
Madhu arrived in Malaysia with a passport and had no problems coming through Kuala
Lumpur International Airport. An agent in Malaysia picked Madhu up from the airport and
took Madhu’s passport from him, saying that it would be given to Madhu’s employer. The
agent then sent him to work at an electronics factory in Damansara.
Madhu was surprised that he was not working at the job for which he had signed up. He
contacted his agent in Nepal, but the agent merely told him to listen to his employer in
Malaysia and not cause any trouble. At the electronics factory, Madhu’s employer did not
return his passport. Although Madhu requested many times for his passport to be returned,
the employer only gave Madhu a photocopy of his passport and work permit – telling him
that he could not hold his passport because he would lose it and a lost passport cannot be
replaced.
One day, Madhu had an accident at the electronics factory. He slipped and fell because the
factory’s floor was wet after the janitor had mopped it. He was carrying some heavy boxes
at the time and the boxes fell on his chest and legs. As a result, Madhu had a sore back and
his left foot was swollen. This made it difficult for him to walk and carry heavy boxes while
at work. Madhu’s employer did not attend to his injuries or send him to a clinic, so he had to
visit a doctor himself and pay for his own medical treatment.
Madhu has worked for one year in Malaysia. However, his employer has not paid him during
this time and owes Madhu 15,000 ringgit in wages. Whenever Madhu approaches his employer
to ask for his unpaid wages, the employer threatens to report Madhu to the immigration
officials. Madhu does not know what to do and the situation is making him anxious. He has
not spoken to his family in Nepal for almost a year because he feels ashamed that he has not
sent any money home, despite the fact that if his family had known about his problems they
could have tried to seek help for him in Nepal. He has spoken to some of his colleagues about
his problems and they support him by paying for his food. He does not want to keep living
and working in fear.
Violations in this case are: The worker was deceived about the nature of his job; the employer
withheld the worker’s passport; the employer did not attend to the worker’s injuries and he had
to pay for his own medical fees; the worker’s wages are unpaid, and the employer threatens the
worker whenever he asks for them.

Supplementary resources
X International Labour Organization (ILO): Situation and gap analysis on Malaysian legislation, policies
and programmes, and the ILO Forced Labour Convention and Protocol (Bangkok, ILO), available at:
[Link]
wcms_650658.pdf

X ILO: General principles and operational guidelines for fair recruitment and definition of recruitment
fees and related costs (Geneva, 2018), available at: [Link]
--ed_protect/---protrav/---migrant/documents/publication/wcms_536755.pdf

X ILO: Risks and rewards: Outcomes of labour migration in South-East Asia - Key findings in Malaysia
(Bangkok, 2017).
48 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Seeking help in Malaysia

through formal and
informal grievance
mechanisms

© Antonella Bologna
X 4. Seeking help in Malaysia through formal and informal grievance mechanisms 49

X4
50 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Objectives

Increase the understanding of various formal and informal workplace grievance

mechanisms in Malaysia that are relevant to migrant workers

Provide information on key stakeholders which provide support services to migrant

workers and help them access justice

X Recommended agenda

Focus area Timing Activities and materials

4.1 Informal dispute 10 minutes Lecture

resolution for workplace
grievances

4.2 Internal worker 10 minutes Lecture

grievance mechanisms

4.3 Formal dispute 15 minutes Lecture

resolution for workplace
grievances

4.4 Accessing service 10 minutes Lecture

providers for migrant 20 minutes Activity – Case study
workers

Total time 65 minutes

Grievances and conflicts are an inevitable part of an employment relationship. Depending on

the nature and severity of the case, migrant workers have several avenues for resolving their
workplace grievances. Although workplace grievances can also occur between colleagues,
this module discusses in detail avenues for resolving workplace disputes between employees
and employers.
 X 4. Seeking help in Malaysia through formal and informal grievance mechanisms 51

X 4.1 Informal dispute resolution for workplace

grievances

An informal dispute resolution is often the most with payslips or further proof of overtime
common method used for resolving conflicts work. Being prepared is not about winning an
between colleagues or between an employer and argument; it is to ensure that the negotiation is
a worker at the workplace. Informal processes, focused and geared towards finding a solution.
such as direct negotiation or mediation through During the discussion, it is important to listen
a third party, often allow parties in dispute to to and record the explanation provided by the
resolve the issue quicker and with less expense manager or employer. Seek clarification if the
than the traditional method of “taking a matter explanation is unclear. At times, this process may
to court”. help to clarify misunderstandings or help parties
to reach a compromise. At other times, there may
Negotiation be a breakdown in discussions and parties do not
agree to a solution.
Negotiation is one of the most basic ways of
settling differences, involving communication Bringing in a third party - such as a worker’s
between the employer and the employee in leader or representative at the workplace, a
conflict with the aim of finding a solution. When trade union leader or a civil society organization
a migrant worker is confronted with a difficult - to negotiate on behalf of a migrant worker may
situation at work, the first step she/he can take help to facilitate the process. This is particularly
is to address the issue by speaking directly to the relevant when a migrant worker has difficulties
supervisor or employer. communicating with the employer, or when there
are significant power imbalances between the
When speaking to a supervisor or employer, migrant worker and the employer. The knowledge
it is important to identify and articulate the and experience of a third party who is familiar
problem clearly. This means being prepared by with labour disputes and migrant workers’ labour
knowing all the necessary information and facts. rights are indispensable when attempting to
For example, if a migrant worker approaches a identify solutions in negotiations with employers.
supervisor with a complaint about inaccurate
overtime payments, she/he should be equipped

X 4.2 Internal worker grievance mechanisms

An internal worker grievance mechanism is a for channelling workers’ grievances are written
procedure through which a grievance can be notes to the human resource management,
raised, addressed, investigated and responded complaints boxes and feedback forms. Employers
to - and is established by the employer. Some are also increasingly authorizing other complaints
examples of workplace grievances that can mechanisms such as worker hotlines and worker
be reported are harassment, discrimination, voice apps, and allowing grievances to be raised
non-compliance to workplace safet y and through and received by an external party. If an
health standards, and terms and conditions of internal worker grievance mechanism exists at
employment. the workplace, the following questions need to
be clarified:
A worker grievance mechanism can have various
entry points for submitting complaints to the X How can a worker raise her/his workplace
employer or management. Conventional routes grievance?
52 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X What happens when a worker raises a X What kind of role will a whistle-blower play in
workplace grievance? How will the complaint the investigation?
be investigated?
X How long will it take to investigate a worker’s
X Does the internal workplace grievance complaint?
mechanism ensure the worker’s anonymity?
X How will a worker be notified of the outcome
X Will the worker be penalized for raising a of the investigation?
workplace grievance?
X What are the forms of resolutions that can be
X Will the worker be protected if she/he raises achieved?
someone else’s complaint as a whistle-blower?

X Note to facilitator

The facilitator can ask at this point:

X Do you know who your HR manager is?

X Do you know how you can raise a complaint at work?

If the participants do not know who the HR manager is, the facilitator should encourage them
to find out. If the participants are not aware of their company’s grievance policies, the facilitator
can encourage them to find out this information from the HR manager.

X 4.3 Formal legal dispute resolution for workplace

grievances

A consensus-based process such as negotiation encouraged to bring participants’ attention to

and mediation is – whenever it is possible the main differences between these tribunals and
and effective - ideal for resolving workplace their jurisdictions.
grievances. However, not all workplace grievances
can be resolved informally. When informal
negotiations with employers have reached an 4.3.1 Labour Court
impasse or been ineffective, or when persistent
The scope of employment-related disputes
workplace grievances amount to serious labour
that may be brought before the Labour Court
rights violations, migrant workers can access
include24:
formal dispute resolution mechanisms. Under
Malaysia’s labour laws, there are two avenues X Disputes related to wages, such as unpaid
for formal labour dispute resolution: the “Labour wages or payments due in cash under the
Court” and the Industrial Court. Facilitators are employment contract;

24 Section 77 of the Employment Act, 1955.

 X 4. Seeking help in Malaysia through formal and informal grievance mechanisms 53

X Disputes related to an employer’s decision of What documents and evidence

dismissal for misconduct; are needed when a complaint is
submitted to the Labour Court?
X Claims for indemnity for termination without
notice; Documentary evidence to support a claim include:
X Employment contracts;
X Sexual harassment.25
X Payslips;
The process for referring complaints to the
Labour Court is fairly accessible. Complainants are X Bank payment advice and bank statements;
not charged a fee for filing a complaint. Although
the Court has the discretion to allow that parties X Attendance records or “punch cards”; and
to a dispute are represented by lawyers, trade
X Relevant letters, emails, mobile text messages
union representatives or HR consultants, parties
can appear in person and represent themselves and other forms of communication.
at the hearing.

4.3.2 Industrial Court

How do you file a claim to the Labour Court?
The Industrial Court has the jurisdiction to hear
A complaint may be filed by26:
the following cases:27
X Sending a letter to the nearest Department of
X Workers’ unfair dismissal;
Labour Office;
X Trade disputes between employers and trade
X Sending an email to the Department of
unions;
Labour at jtksm@[Link];
X Applications for the interpretation,
X Visiting the nearest Department of Labour in
amendment or variation of an award or
person;
collective agreement;
X Calling the Department of Labour at 03-8000
X Applications to refer questions of law to the
8000.
High Court;

X Complaints of non-compliance of an award or

collective agreement;

X Cases of victimization in connection with trade

union activities.

Unlike the Labour Court, the Industrial Court is

relatively formal. The proceedings at the Industrial
Count are conducted like a court trial, and parties
to a dispute are required to file pleadings. They
are also usually legally represented.28

25 Disputes related to sexual harassment apply to every employee regardless of earnings. See section 81G of the
Employment Act, 1955.

26 Ministry of Human Resources, Department of Labour Peninsular Malaysia:, available at: Aktiviti Penguatkuasaan &
Khidmat Nasihat, [Link] accessed on: 12 June 2020

27 Sections 8(2A), 26, 20(3) and 56 (1) of the Industrial Relations Act, 1967.

28 Section 27 of the Industrial Relations Act, 1967.

54 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X 4.4 Accessing service providers for migrant

workers

Although the formal mechanisms for dispute claims of unpaid wages and the like. Migrant
resolution are intended to be accessible to workers who work in isolated workplaces or
all, migrant workers may experience practical locations and do not have a rest day will find it
barriers in resolving disputes through the formal more challenging or costly to file complaints in
and informal channels discussed in the previous person at government offices.
section.
Being aware of some of the barriers to accessing
For example, a migrant worker may lack justice can help migrant workers to better prepare
proficiency in Bahasa Malaysia or English – and this and take advantage of available services that can
will affect her/his ability to submit the complaint facilitate the whole process. Malaysia has a
either in writing or in person, or to conduct network of stakeholders with the necessary
effective negotiations with employers. Migrant knowledge and experience to mediate migrant
workers may not have enough information to workers’ access to justice and to provide various
assess their legal options adequately as many support services to them. These stakeholders
sources do not provide details in a language include trade unions, civil society organizations,
they might understand. Furthermore, they may migrant worker networks, embassies and
not have the necessary resources to hire legal consulates, government and law enforcement
advisors, or fail to have key documents such as agencies.
employment contracts and payslips to support

X Note to facilitator

The Information Booklet, with which you have been provided, contains a list of relevant actors who
provide support services to help migrant workers access justice.
Facilitators are encouraged to point participants in the direction of those actors that are the most
relevant to them. This is contingent upon a number of factors, such as the participants’ nationality,
sector of work, and location of workplace.
 X 4. Seeking help in Malaysia through formal and informal grievance mechanisms 55

Activity
Case study: Madhu (scenario 2)
Duration: 20 minutes
Material: Printed copies of the case study

i. The facilitator should divide participants into several groups. Each group should be
given a copy of the case study below.

ii. Participants should be given 20 minutes to read and discuss possible solutions for the
worker in the case study.

iii. Participants will realize that it is the same case used in Module 3. The facilitator should
reiterate that participants focus their time on finding ways for the worker to obtain
access to redress.

iv. In addition to the channels that the worker can use to obtain access to redress, ask
participants to write down the documents that the worker will need to facilitate this
process.

v. The facilitator should ask the participants to gather together after 20 minutes and
choose a representative from each group to share their answers with the whole group.

Case study: Madhu

Madhu is a Nepalese worker who came to work in Malaysia two years ago. His agent in Nepal
told Madhu that he would work in a grocery shop in Malaysia.
Madhu arrived in Malaysia with a passport and had no problems coming through Kuala
Lumpur International Airport. An agent in Malaysia picked Madhu up from the airport and
took Madhu’s passport from him, saying that it would be given to Madhu’s employer. The
agent then sent him to work at an electronics factory in Damansara.
Madhu was surprised that he was not working at the job for which he had signed up. He
contacted his agent in Nepal, but the agent merely told him to listen to his employer in
Malaysia and not cause any trouble. At the electronics factory, Madhu’s employer did not
return his passport. Although Madhu requested many times for his passport to be returned,
the employer only gave Madhu a photocopy of his passport and work permit – telling him
that he could not hold his passport because he would lose it and a lost passport cannot be
replaced.
One day, Madhu had an accident at the electronics factory. He slipped and fell because the
factory’s floor was wet after the janitor had mopped it. He was carrying some heavy boxes
at the time and the boxes fell on his chest and legs. As a result, Madhu had a sore back and
his left foot was swollen. This made it difficult for him to walk and carry heavy boxes while
at work. Madhu’s employer did not attend to his injuries or send him to a clinic, so he had to
visit a doctor himself and pay for his own medical treatment.
Madhu has worked for one year in Malaysia. However, his employer has not paid him during
this time and owes Madhu 15,000 ringgit worth of wages. Whenever Madhu approaches
his employer to ask for his unpaid wages, the employer threatens to report Madhu to the
immigration officials. Madhu does not know what to do and the situation is making him
anxious. He has not spoken to his family in Nepal for almost a year because he feels ashamed
that he has not sent any money home, despite the fact that if his family had known about his
56 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

problems they could have tried to seek help for him in Nepal. He has spoken to some of his
colleagues about his problems and they support him by paying for his food. He does not want
to keep living and working in fear.
There are a number of possible avenues for accessing justice: 1) A complaint may be filed with an
NGO in the source country (Nepal) on the grounds that the migrant worker was deceived as to
the nature of the job he was being offered (Madhu was sent to work in a job which was different
from the one he had been promised by the agent back home). A complaint may also be filed with
a regulating body in the source country (Nepal) which regulates recruitment agencies. The source
country NGO may also be able to help with filing this complaint with the relevant government
agency in the source country. The documents required would include a contract signed in the
source country indicating that Madhu was going to work in a grocery store - or any other proof
of this. 2) A complaint may be filed with the Malaysian labour department - or with a Malaysian
NGO, trade union representative or community organization – on the grounds of the withholding
of a passport and unpaid wages, as well as the non-payment of medical treatment. Madhu opted
for this course of action as he had already voiced his concerns to his employer but nothing had
come of it. The documents required include: medical receipts, the employment contract, proof of
attendance at work and evidence of the non-payment of wages, i.e., bank statements to show that
the company has stopped sending money to Madhu’s account. It would also be relevant to provide
any evidence that he was threatened by the employer, or that the employer refused to return his
passport to him – i.e., an audio recording of the conversation between Madhu and his boss asking
for his unpaid wages and for his passport.

Supplementary resources
X ILO: Report on Review of Malaysia’s Labour Dispute Resolution System (Geneva, 2020), available at:

X International Training Centre (ITC) of the International Labour Organization (ILO): Labour Dispute
Systems: Guidelines for improved performance (Turin, 2013), available at: [Link]
wcmsp5/groups/public/---ed_dialogue/---dialogue/documents/publication/wcms_211468.pdf
© Antonella Bologna
58 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Money and migration

© Danial H./Unsplash
X 5. Money and migration 59

X5
60 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Objectives

Introduce basic knowledge, skills and tools related to the management of earnings,
spending and remittances to mitigate the risks and maximize the benefits associated
with labour migration

X Recommended agenda

Focus area Timing Activities and materials

5.1 Understanding the 20 minutes Lecture

terms of the contract and
employment benefits

5.2 Setting financial goals 15 minutes Lecture

and making a budget 30 minutes Activity – making a budget

5.3 Keeping track of the 10 minutes Lecture

money 30 minutes Activity – identifying needs vs. wants

5.4 Remitting home smartly 15 minutes Lecture

Total time 120 minutes

 X 5. Money and migration 61

Many migrant workers consider labour migration a salary. Understanding how to navigate these
as a strategy for realizing their personal “firsts” and manage money effectively will help
aspirations and financial goals. Migrating for work migrant workers take control of their finances and
will bring many new experiences and “firsts” for attain their goals.
migrant workers. It may be the first time a worker
This module outlines key money management
leaves home, copes without family or friends, lives
habits that may help a migrant worker assess and
abroad, has an employment contract or receives
make financial decisions.

X Note to facilitator

The facilitator can ask participants:

X Is this the first time you are migrating abroad for employment?

X Is this your first job?

X 5.1 Understanding the terms of the contract and

employment benefits

Receiving wages for the first time can be a proud X How often is the worker paid – monthly,
moment and an exciting experience in a worker’s weekly, by piece rate?
life. However, understanding the terms of an
employment contract is crucial to ensure that X Does the contract provide for other monetary

the worker receives the remuneration to which benefits and allowances? What are they?
she/he is contractually and legally entitled. The
X How does the worker receive her/his wages –
employment contract should clearly specify the
in cash or through a bank account?
amount of wages due to a worker and the manner
in which she/he will be paid. Migrant workers X What kind of deductions are made from the
should have a copy of their signed written worker’s wages, if any?
contract, in a language they understand. For
those without a written contract, it is important X Does the worker receive a written record of
that the employer and the worker mutually agree the payment of wages and deductions made?
on the terms of the verbal contract.
X Is the worker paid in compliance with
For a migrant worker, the contract should answer Malaysia’s minimum wage regulations?
the following questions:
A migrant worker can open a bank account
X How much is the worker paid?
in Malaysia. If wages are paid through a bank
X How are the wages calculated? If the worker
account, she/he should have access to the bank
account number, an ATM card and the freedom to
works overtime, how much will she/he earn
access and manage money in the account.
per hour (on normal working days, on weekly
leave days and public holidays)?
62 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Note to facilitator

The facilitator can ask participants to recall five items regarding wages that should be stipulated
in every worker’s contract.

X 5.2 Setting financial goals and making a budget

The first step in taking control of finances is to X If your income fluctuates, take the income
determine how much money can be spent and earned in a particular month as an average;
how much should be saved. This may be achieved
by drawing up a monthly budget, which provides X Some expenses such as rental, union fees

an overview of the amount of money coming in and transportation are fixed. However, other
and going out. expenses like utilities and food costs may vary
from month to month. For variable expenses,
budget the maximum amount that may be
5.2.1 How to make a budget? spent.

X List all income sources – monthly salary, X Calculate your net income, i.e., the money
overtime, bonuses, tips and allowances; left after all expenses are taken into
consideration.
X List all expenditures, differentiating needs
from wants. Examples of expenditure needs X If the net income is negative (when the total
are money spent on debt repayment, rental, expenditure exceeds the total income), it
food, utilities, transportation, remittances and means that expenditure has to be adjusted by
healthcare; reducing spending on “wants”.
 X 5. Money and migration 63

Activity
Making a budget
Duration: 30 minutes
Materials: Blank A4 paper

i. The facilitator should provide one blank sheet of A4 paper to every participant, who will
be asked to make a budget on how they will spend their monthly earnings;

ii. The facilitator should inform participants that for the purposes of this exercise, each of
them receives 1,200 ringgit in total at the end of every month.

iii. As some participants may be new to Malaysia, the facilitator should inform them of the
rough cost of essential food items in Malaysia. For example, a bag of 10kg rice costs 50
ringgit.

iv. Some participants may have a problem writing or making calculations. The facilitator
should be vigilant and assist participants who need help.

v. After 20 minutes, the facilitator should ask participants to gather together and
randomly select a few participants to share their budget items and the amount spent
on each item.

vi. The facilitator should reiterate that it is important for participants to set some money
aside every month for savings and emergencies, after having spent on basic needs and
necessities.

X 5.3 Keeping track of the money

Migrant workers may use their budget as a tool financial plan. Put off big purchases until you
for monitoring income and expenses. Being “good can afford them;
with money” takes time and practice. Planning
ahead may be tedious but gives a worker greater X Small purchases have a way or adding up

control over her/his earnings. quickly and can lead to overspending. Keep
receipts and itemize all the purchases made in
X Refer to the budget frequently when deciding a month to ensure that spending is tracked;
on how to spend money - and what to spend
it on; X Categorize the purchases made at the end of
the month. This will provide an overview of
X Update the budget frequently to reflect the where the money has gone and help identify
actual amounts spent on any given item; spaces for adjusting the monthly budget.
Mobile apps such as Mint, PocketGuard and
X Set a limit for unbudgeted spending. If there is
Clarity Money can be downloaded to help
money left at the end of the month, it may be
keep track of spending;
used for items that have not been budgeted.
However, there should be a limit on such X Set a savings goal and contribute to savings
spending. Stick to this limit; regularly, if possible.
X Plan for big purchases to make sure that
these will not interfere or put stress on your
64 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Box 5.1. Needs vs wants

Having a clear view of personal needs and she/he wants or likes. However, knowing
wants is one of the first steps in planning a how to distinguish between wants and needs
budget and managing finances. It does not helps towards balancing a budget.
mean that a person cannot purchase what

NEEDS WANTS

Needs are an individual’s basic requirements that Wants are goods and services that an individual
must be fulfilled for survival. would like to have.

Needs are limited. Wants are unlimited.

Something you must have Something you wish to have

Needs may remain constant over time. Wants may change over time.

Essential Can do without

Examples: Food, clothing, rental, utilities, debt Examples: Gifts, entertainment.

repayment, remittance, healthcare.

Do needs change over time? experiences or age. For example, if a person

Not everyone has the same needs and wants. is having a child, the need for remitting
A person’s needs do not change over time. money home may be greater than before -
However, personal priorities and values or if a person is ill, health insurance becomes
that people have may evolve because of life an immediate need.

X 5.4 Set up an emergency fund

Emergencies can happen at any time. A migrant a large sum of money. Starting an emergency
worker or her/his family may unexpectedly require fund will help to prepare for emergencies.
Activity

Identifying needs and wants

Duration: 30 minutes
Materials: Printed copies of the table below:

Needs Wants
 X 5. Money and migration 65

Needs Wants

i. The facilitator should request participants to work in pairs and give each pair a printed
copy of the table above;

ii. The participants should be asked to think of at least five things they or their family
have bought or spent money on recently;

iii. The facilitator should ask participants to record the purchased items in either the
“needs” or “wants” column in the table. If both people in the pair give the same answer
– i.e., food - repeat this in the table;

iv. Participants should be given 20 minutes to complete this activity;

v. The facilitator should bring the participants back together in the initial large group and
randomly select some of them to share a number of the item categorizations they have
come up with ;

vi. The facilitator should help participants analyse what constitutes a “need” and a “want”.
She/he should reiterate that needs and wants mean different things for different
people, but participants should ensure that they give priority to “needs”, and that
“wants” are either covered by the money they have earned or set aside as a budget.

X 5.5 Remitting home smartly

It can be a hassle and an intimidating process to use formal remittance service providers such
for migrant workers - especially first-time as banks, money transfer operators, and licensed
migrant workers - to send money back to their mobile applications. Remittance through formal
countries of origin. There are a large number of channels is more secure and reliable as each
service providers and transfer options on offer. transaction is supported by a receipt.
Informal money transfer service providers are not
This section aims to provide guidance on the
regulated under the law.
factors that should influence a migrant worker’s
Discovering the right option requires time and remittance choices.
research. Migrant workers should be encouraged
66 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

5.5.1 Common options 5.5.2 Choosing the

for transferring money best money transfer
abroad from Malaysia service provider
Migrant workers have a number of options to Shopping around for the right money transfer
send money home through formal channels, and service provider can lead to significant savings
the best methods will depend on how and where for migrant workers. Before transferring funds
the money is going to be sent. internationally, they would be well advised to
compare money transfer services to find one that
Telegraphic transfer: Sending money through
suits their transfer destination and budget.
a bank with a foreign telegraphic transfer
(commonly referred to as “TT”) is one of the There are a few factors that migrant workers
most traditional methods of sending money need to consider when choosing a money transfer
abroad. It moves funds from one bank account company to send money home to their country
to another bank account in a different country. of origin:
This is a service provided by all banks, and has a
Exchange rates: This will determine how many
fixed, destination-based fee that does not vary -
Malaysian ringgit a migrant worker needs to send
irrespective of the amount of money transferred.
to ensure that the recipient receives the same
However, both the sender and recipient are
amount in the currency of the his/her country of
charged a fee for this transfer method.
origin. Exchange rates fluctuate - and different
Western Union: Western Union outlets are widely financial institutions or service providers will have
available in Malaysia and they constitute one of varying exchange rates.
the fastest methods of sending money overseas.
Fees: These are charged by the service provider for
This option allows for money to be sent either as
transferring money abroad. The service provider
cash to an overseas recipient directly or into an
with the best exchange rate does not always have
oversea bank account. A cash-to-cash transfer,
the lowest fee for the money transfer.
where the recipient collects the money transfer at
a Western Union branch directly, can be completed Transfer methods: Some service providers will
within minutes and does not require the recipient only process a transaction in-branch or online.
to have a bank account. This is particularly useful However, there are a growing number of service
for migrant workers whose family members are providers that provide the option of placing
“unbanked”. transfers over the phone or using a mobile
application.
MoneyGram: MoneyGram of fers the same
services as Western Union and its outlets are also Turnaround time for the transfer: Processing
widely available in Malaysia. Fees for transfer times can vary from hours to days. It is therefore
by MoneyGram vary depending on the receiving important to check how long it will take for a
country and the amount being sent. A migrant service provider to complete the transaction to
worker also has to initiate the transaction in avoid delayed transfers.
person.
Minimum amount: Some service providers have a
Mobile phone applications: There are a growing minimum and maximum transfer amount; this will
number of money transfer service providers differ from service provider to service provider.
that provide services through mobile phone
Pick-up services: This refers to the way in which
applications. TransferWise, WorldRemit and Remitly
the recipient can collect the money remitted
are some suggested apps for transferring money
by the migrant worker in Malaysia. Money can
home in a cost-efficient way.
be transferred to a specific bank account in the
recipient’s name, or collected from a money
transfer service provider in person.
Customer service: People make mistakes with
money transfers all the time. These range from
writing down the wrong account number, spelling
 X 5. Money and migration 67

the recipient’s name incorrectly, to providing transfer services during their rest days, service
the wrong bank details . It is important to have providers that operate on weekends and public
a service provider that can provide a responsive holidays and have a 24-hour service helpline are
customer service when a transaction goes wrong. particularly useful.
As migrant workers are likely to access money

X 5.6 Speaking to family about remittances

Migrant workers need the suppor t and help to build stronger relationships and avoid
collaboration of their family members to achieve unwanted surprises. Goals and priorities may also
their personal goals, which may differ from change over time. It is important to re-evaluate
those of their family. It is not uncommon for agreed priorities from time to time.
older members of the family to have priorities
Discuss as a family from time to time:
that are different from those of the younger
family members. In the case of first-time migrant X How and when remittances will be sent;
workers, it may be a new experience for families
X How much remittance is needed each month;
to receive a remittance. It is therefore important
that migrant workers should have a conversation X What the remittance will be spent on; and
with their family about the way in which
remittances are earned and how they should be X Financial goals and how to attain them.
spent. Reaching an agreement in this area will

X Note to facilitator

At the end of this module, the facilitator should randomly select and ask participants what they
remember from each module. The facilitator should also ask if any information in particular
stood out to the participants, and whether they have any remaining questions. After the
facilitator has addressed the participants’ questions, she/he should ask them how they found
the training and try to obtain suggestions on ways in which the training could be made more
effective for future groups.

Supplementary resources
X International Labour Organization (ILO): Save Smart: Migrant Worker Resource Centre financial
education training manual (Bangkok, 2019), available at: [Link]
public/---asia/---ro-bangkok/documents/publication/wcms_761380.pdf

X ILO: Save Smart: Financial planner for ASEAN migrant workers (Bangkok, 2019), available at https://
[Link]/wcmsp5/groups/public/---asia/---ro-bangkok/documents/publication/wcms_761380.pdf

X SaverAsia
68 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

Annexes

© Amandine Cornillon/Unsplash
X Annexes 69
70 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Annex I. Sample of Employment Contract

CONTRACT OF EMPLOYMENT

This CONTRACT OF EMPLOYMENT is made on this day…. month

of……20… between………. (hereinafter referred to as “the Employer”) of
one part and……….. Passport No. ………….. and/or Birth Registration
No. ……… (hereinafter referred to as “the Worker”) of the other part.

WHEREAS the Employer shall employ the Worker in accordance with

the terms and conditions of this Contract of Employment and subject to
the laws, regulations, rules, national policies and directives of Malaysia.

IT IS HEREBY AGREED as follows:

1. Duration of this Contract of Employment

The duration of this Contract of Employment shall be for a

period of …………. year(s) commencing on the day of arrival of
the Worker in Malaysia until such time the Contract of Employment
is terminated in accordance with the terms and conditions of this
Contract of Employment.

2. Wages

2.1 The Worker shall receive a basic wage of RM ……….….

(excluding allowances and overtime). This basic wage shall
comply with the national minimum wage.

2.2 Wages shall be paid by the Employer on a monthly basis

not later than seventh day of the following month.

2.3 The payment of the monthly wages shall be made through a

bank account in the worker‘s name.

1
 X Annexes 71

3. Working Hours

Working hours shall be eight (8) hours per day in accordance with
the labour laws in Malaysia.

4. Overtime

In the event the Worker, upon the request by the Employer, agrees
to work in excess of his normal working hours, the Worker shall be
paid in accordance with the labour laws in Malaysia.

5. Rest Day

5.1 The Worker shall be entitled to one (1) rest day in each week

5.2 In the event the Worker, upon the request by the employer,
agrees to work on such rest day, the worker shall be paid in
accordance with the labour laws in Malaysia.

6. Public Holiday

6.1 The Worker shall be entitled to public holidays in accordance

with the labour laws in Malaysia.

6.2 In the event the Worker, upon the request by the employer,
agrees to work on such public holiday, the worker shall be
paid in accordance with the labour laws in Malaysia.

7. Annual Leave

The Worker shall be entitled to annual leave in accordance with

the labour laws in Malaysia.

2
72 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

8. Levy

The payment of levy shall be borne by the Employer.

9. Medical and Accident Insurance

The Worker shall be insured under the Foreign Worker’s

Compensation Scheme (FWCS) under the Workmen’s
Compensation Act 1952 and if applicable, the Foreign Workers
Health Insurance Scheme (SPIKPA).

10. Deductions

The Employer is entitled to make deduction for not more than 50%
in a month from the Worker’s wages in the event of any monetary
advance in accordance with the labour laws in Malaysia.

11. Accommodation

The Employer shall provide the Worker with reasonable

accommodation with basic amenities in accordance with the
laws, regulations, rules, national policies and directives in
Malaysia.

12. Sick Leave

The Worker shall be entitled to a paid sick leave in accordance

with the labour laws in Malaysia.

13. Renewal of Worker’s Visit Pass (Temporary Employment)

13.1 The Employer shall renew the Worker’s Visit Pass

(Temporary Employment) three (3) months before the expiry
date.

13.2 Any penalty or compound due to the failure of the Employer

to do so shall be borne by the Employer.

3
 X Annexes 73

14. Air Passage

The first travelling expenses from …………….. to any agreed point

of entry in Malaysia shall be borne by the Worker and the
expenses from any agreed point of exit in Malaysia to ………….
shall be borne by the Employer upon completion of this Contract of
Employment.

15. Repatriation

15.1 The repatriation cost of the Worker from his place of work in
Malaysia to his original exit point in ……………. shall be
borne by the Employer under the following circumstances:

(i) at the completion of this Contract of Employment;

(ii) termination of this Contract of Employment by the

Employer other than non-compliance of the terms and
conditions of this contract of employment by the
worker; or

(ii) termination of this Contract of Employment by the

worker due to non-compliance of the terms and
conditions of this Contract of Employment by the
Employer.

15.2 The Worker shall be responsible for all expenses relating to

repatriation under other circumstances that are not
mentioned in Clause 15.1.

The term “original exit point” in this Contract of Employment shall

mean ……….

4
74 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

16. Repatriation in the Case of Death of the Worker

In the event of death of the Worker, the funeral and repatriation of
the remains shall be arranged at the expense of the Employer as
provided for the Workmen’s Compensation Act 1952 [Act 273].

17. Termination

17.1 In the event the Employer intends to terminate this Contract

of Employment, the Employer shall give two (2) months’
notice of his intention to terminate such Contract of
Employment or two (2) months’ wages in lieu of notice to the
Worker, and shall provide air fare to ……….. for the Worker.

17.2 In the event the Worker intends to terminate this Contract of

Employment, the Worker shall give two (2) months’ notice or
indemnify two (2) months’ wages in lieu thereof to the
Employer and the Worker shall bear the cost of air fare to
………….

18. Restrictions

18.1 The Worker shall not participate in any political activities or

activities of those connected with political organizations in
Malaysia.

18.2 The Worker shall not change employment during this

Contract of Employment period and shall not carry or do
other business.

18.3 If the Worker is found by the competent authority concerned

creating social problems or engaging in any illegal,
subversive or criminal activities, the Worker shall be
dismissed from the job and shall be repatriated to ………….
at the Worker's own expenses.

18.4 In the event the Worker marries any person in Malaysia

during the worker’s period of employment under this Contract
of Employment, the Government of Malaysia reserves the
right to revoke the Visit Pass (Temporary Employment) of the
Worker.

5
 X Annexes 75

19. Extension

The Employer and the Worker may agree that the contract of
employment may be extended, subject to relevant laws,
regulations, rules, national policies and directives relating to
employment applicable in Malaysia.

20. Safekeeping of the Passport

20.1 The Employer shall not keep the passport of the Worker in
his/her custody.

20.2 The Worker shall carry the passport all the time. In the event
that the Worker’s passport is lost or damaged, the Worker
shall bear all related expenses.

20.3 The Worker shall submit the passport to the Employer for the
following purposes:

(i) medical screenings;

(ii) application of Visit Pass (Temporary Employment);
(iii) application of Foreign Workers Identity Card; and
(iv) renewal of Visit Pass (Temporary Employment).

The passport shall be returned to the Worker upon completion of

these purposes.

In the event that the Worker’s passport is lost or damaged while in

the custody of the Employer for the above mentioned purposes,
the Employer shall bear all related expenses.

21. Foreign Worker Identity Card

The employer shall ensure that each Worker receives the Foreign
Worker Identity Card (I-Kad).

6
76 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

22. Outstanding Wages

In the event the worker is to be repatriated before the expiry of this

Contract of Employment, the employer shall pay all outstanding
basic wages and all other payments owed to the worker subject to
the relevant laws, regulations, rules, national policies and
directives relating to employment applicable in Malaysia.

23. Amendment

The Employer and the Worker may amend this Contract of

Employment to incorporate any other terms and conditions which
shall be more favourable to the Worker.

24. Time is an Essence

Time whenever mentioned shall be the essence of this Contract of

Employment.

25. Interpretation

In the event there is a conflict of interpretation between the English

text and any text in other language used in this Contract of
Employment, the English text shall prevail.

26. Laws

This Contract of Employment shall be subjected to the laws of

Malaysia.

27. Succession

This Contract of Employment shall be binding of the successor in

title, assigns, personnel, representatives of the parties hereto.

7
 X Annexes 77

28. Language of this Contract of Employment

This Contract of Employment shall be prepared in four (4) original

texts, two (2) each in English and language of the country of origin
of the worker, all texts being equally authentic.

IN WITNESS WHEREOF the parties hereto have signed this Contract of

Employment on the day and year mentioned at the beginning of this
Contract of Employment.

..................................................... ………………………………….
(Employer's Signature) (Worker's Signature)
Name: Name:
NRIC No. Passport No.:
Address: Emergency Contact No.

…………………………………………… I hereby declare details of

(Signature of Witness from Employer) my dependant:
Name: Name:
Address: Address:
Contact No.

…………………………………
(Signature of Witness from Worker)
Name:
Address:

(Note:

For Cambodia workers, they shall request approval with Cambodian Recruitment Agency for the extension
of the Contract of Employment agreed between the worker and the employer. This is upon the request
from the Cambodian Government and was included in the MOU signed on 10 December 2016)

8
78 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

X Annex II. Materials for printing

1. Employment contract terms and conditions

checklist (to be used in section 1.2.1)

Contract components Is this particular component in your

contract?

Names of employer and worker

Job description

Place of work

Employment start and end dates

Wages and other rates of pay including overtime

Date and methods of payment

Salary deductions and fees charged to employees

Expected working hours, days and overtime procedures

Holiday entitlement, rest day

Annual leave

Sick leave

Termination of employment

Repatriation of the migrant worker

Insurance or compensation in the event of death,

occupational disease or personal injury
 X Annexes 79

2. Essential Malay phrases (to be used in section 1.3.1)

Malay English

Hello Hello

Apa khabar How are you

Selamat pagi Good morning

Selamat petang Good evening

Selamat malam Good night

Selamat tinggal Goodbye

Ya Yes

Tidak No

Mungkin Maybe

Terima kasih Thank you

Sama-sama You’re welcome

Maaf Excuse me

Maafkan saya I’m sorry

Saya tidak ada I don’t have

Kami tidak ada We don’t have

Name saya My name is

Umur saya ialah…..tahun I’m … years old

Saya tidak faham I don’t understand

Saya tidak boleh cakap Bahasa Melayu I don’t speak Malay

Tolong Please

Tolong ulang Can you please repeat

Sekejap Just a moment

Sana There

Sini Here

Satu One

Dua Two

Tiga Three

Empat Four

Lima Five

Enam Six

Tujuh Seven

Lapan Eight

Sembilan Nine

Sepuluh Ten
80 X Post-arrival orientation for migrant workers in Malaysia
Facilitators’ Guidelines

3. Activity sheet: To be used immediately after lecture 2.3.3

Based on the type of work you What might happen as a result What can you do to prevent an
do, what sort of accident might of that accident? accident?
occur at your workplace?

4. Case study: Madhu (To be used for activity 3.4 and 4.4)
Madhu is a Nepalese worker who came to work in Malaysia two years ago. His agent in Nepal told Madhu
that he would work in a grocery shop in Malaysia.
Madhu arrived in Malaysia with a passport and had no problems coming through Kuala Lumpur
International Airport. An agent in Malaysia picked Madhu up from the airport and took Madhu’s passport
from him, saying that it would be given to Madhu’s employer. The agent then sent him to work at an
electronics factory in Damansara.
Madhu was surprised that he was not working at the job for which he had signed up. He contacted
his agent in Nepal, but the agent merely told him to listen to his employer in Malaysia and not cause
any trouble. At the electronics factory, Madhu’s employer did not return his passport. Although Madhu
requested many times for his passport to be returned, the employer only gave Madhu a photocopy of
his passport and work permit – telling him that he could not hold his passport because he would lose it
and a lost passport cannot be replaced.
One day, Madhu had an accident at the electronics factory. He slipped and fell because the factory’s floor
was wet after the janitor had mopped it. He was carrying some heavy boxes at the time and the boxes
fell on his chest and legs. As a result, Madhu had a sore back and his left foot was swollen. This made
it difficult for him to walk and carry heavy boxes while at work. Madhu’s employer did not attend to his
injuries or send him to a clinic, so he had to visit a doctor himself and pay for his own medical treatment.
Madhu has worked for one year in Malaysia. However, his employer has not paid him during this time
and owes Madhu 15,000 ringgit worth of wages. Whenever Madhu approaches his employer to ask for
his unpaid wages, the employer threatens to report Madhu to the immigration officials. Madhu does not
know what to do and the situation is making him anxious. He has not spoken to his family in Nepal for
almost a year because he feels ashamed that he has not sent any money home, despite the fact that if his
family had known about his problems they could have tried to seek help for him in Nepal. He has spoken
to some of his colleagues about his problems and they support him by paying for his food. He does not
want to keep living and working in fear.
 X Annexes 81

Activity sheet (To be distributed for activity 5.4)

Needs Wants
 X Post-arrival
orientation
for migrant workers in
Malaysia
Facilitators’ Guidelines

Post-arrival orientation for migrant workers in Malaysia - Facilitators’ Guidelines

Fundamental Principles and Rights at Work Branch (FUNDAMENTALS)

Labour Migration Branch (MIGRANT)

ISBN 978-92-2-034559-7
International Labour Office
4 route des Morillons
CH-1211 Geneva 22 – Switzerland
T: +41 (0) 22 799 61 11

9 789220 345597
ILO

[Link]/fairrecruitment