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Thursday, May 28, 2020

Workers' Housing Act delay shows employers' lobby has chokehold on gov't

Malaysiakini

MTUC strongly rejects the government’s move to give employers three more months to comply with new laws which are to address the long-standing issue of squalid living conditions of migrant workers, many of whom have been struck with Covid-19.
We simply cannot fathom why Human Resources Minister M Saravanan would grant employers the grace period, especially when many Covid-19 cases currently reported involve migrant workers, not just those at immigration detention centres but also the ones living at construction sites.
It is totally irresponsible for the minister to expect Malaysians to continue living with the risk of foreign workers’ dormitories becoming new clusters of Covid-19 simply because he thinks that employers need more time to comply with laws that were passed ten months ago.
The amended Workers' Minimum Standards of Housing and Amenities Act 1990 which will come into force on Monday was initially endorsed by the Malaysian Employers Federation (MEF) and MTUC.
Subsequently, it was approved by both houses of Parliament in July last year. 
As such, employers had ample time to comply with it, well before the Covid-19 pandemic struck us.
The amendments to the Act are meant to put an end to foreign workers living in cramped, grimy and squatter-like conditions either at “kongsi” on project sites, three-room terrace houses or apartments and shop lots.
Often, as many as 20 people are bundled into a single home in unsanitary conditions and lacking in basic amenities.
This is exploitation of the highest order as migrants build some of the world’s finest apartment buildings in Malaysia, yet they themselves live in the most horrible conditions, often right next to the construction sites.
Saravanan’s statement yesterday was made on the same day Health Ministry director-general Dr Noor Hisham Abdullah said that short and long term solutions must be found to prevent foreign worker’s dwellings from becoming clusters of Covid-19 outbreaks and other virus-related diseases.
The solutions sought by the Health Ministry is rooted in the amendments to the Workers' Minimum Standards of Housing and Amenities Act 1990 passed nearly one year ago.
But with only less than a week to go before the amendments become law, it is very regrettable the government has readily given employers a further three months to comply with the law, despite the Covid-19 pandemic.
We were very pleased when Defence Minister Ismail Sabri Yaakob announced on Tuesday that the government has established the standard operating procedure (SOP) for foreign worker quarters and rumah kongsi in the country to curb the spread of Covid-19 infection and that Saravanan would be announcing the details.
It showed, albeit briefly, that the government recognised the poor living conditions of foreign workers as a potential risk becoming Covid-19 clusters, as what happened in Singapore.
However, much to our dismay, Saravanan (above) not only failed to announce the promised SOP, but he also put on hold the enforcement of laws to directly improve the living conditions of foreign workers in the midst of the Covid-19 pandemic.
This is clearly not right.
We also note that Works Minister Fadillah Yusof had warned yesterday that construction companies that fail to provide proper living quarters for their workers as required by law would face strong action.
He had said that contractors who do not adhere to requirements under the Workers' Minimum Standards of Housing and Amenities Act can be suspended or even have their contractor's registration cancelled by the authorities.
Clearly, it appears that Saravanan does not seem to be speaking the same language as Ismail and Fadillah on the need to prevent the living quarters of migrant workers from becoming hotbeds for Covid-19 infections.
The abrupt postponement in enforcing the laws also shows that the powerful employers' lobby continues to have a chokehold on the government, thereby enjoying a carte blanche in oppressing workers while Putrajaya is willing to sit idly by.
While the government has been quick enough to implement the MCO to contain the deadly virus and is willing to put the economy on hold to save lives, why is the Human Resources minister shielding employers from being penalised for not providing their workers with decent living conditions which clearly carries a risk to public safety due to the Covid-19 pandemic?
Not to mention, that in neglecting these workers, the employers are also committing human rights abuses and contravening international labour conventions and recommendations.
The International Labour Organisation’s recommendation says that employers should provide adequate housing; it does not say anything about employers being given three months to fix housing.
In the current situation, it makes no sense to say that employers should fix housing in three months when the issue is about the need for social distancing because of the novel coronavirus.
The virus will not wait for three months; the workers need to be safe now!
We also ask why is the Human Resources Ministry helping in prolonging the risk factors of Covid-19 outbreaks in the country at the same time when the Health Ministry and its frontline heroes are sacrificing beyond the call of duty to save us from this killer disease.
Therefore, the minister’s decision is disastrous and endangers the entire nation of being exposed to the deadly virus.
In conclusion, we urge Prime Minister Muhyiddin Yassin to immediately intervene and implement SOPs which Ismail said has been drawn up to ensure the living quarters of migrant workers do not become Covid-19 clusters.
We call on Muhyiddin to ensure that the amendments to the Workers' Minimum Standards of Housing and Amenities Act 1990 are enforced from Monday as scheduled.
The failure to do so will be seen as a glaring weakness on the government’s part to contain Covid-19, merely to pander to the whims of unscrupulous employers. 

J SOLOMON is the secretary-general of the Malaysian Trades Union Congress (MTUC). - Mkini

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