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The Anti-Trafficking in Persons and Anti- Since 2013, the Minimum Wage Orders These include limited awareness of the
Smuggling Act 2007 (ATIPSOM) under the National Wages Consultative legal provisions among workers
criminalises offences of forced labour as Council Act 2011 have applied to both (Malaysians, migrant workers, refugees,
a form of exploitation under trafficking Malaysians and migrant workers. The asylum-seekers, stateless and The ’Palermo Protocol’ defines
in persons and the ATIPSOM forms the minimum wage extends to all workers undocumented persons) and in the trafficking in persons as “…the
basis for the NAPTIP. ATIPSOM defines covered by the Employment Act 1955, private sector; unclear legal definitions recruitment, transportation, transfer,
trafficking to include all actions involved Sarawak Labour Ordinance (Cap 76) or of forced labour; limited protection for harbouring or receipt of persons, by
in acquiring or maintaining the labour or Sabah Labour Ordinance (Cap 67) victims of forced labour except when means of the threat or use of force National Action Plan on Forced Labour (2021-2025)
services of a person through coercion except domestic workers. human trafficking can be proven under or other forms of coercion, of
and proving the element of coercion is ATIPSOM; limited number of abduction, of fraud, of deception, of
central to making a case of trafficking or prosecutions; challenges in the the abuse of power or of a position
forced labour under the ATIPSOM. The Act is applicable to “Any person, coordination of enforcement of the of vulnerability or of the giving or
However, it does not acknowledge that irrespective of his occupation, who has multiple pieces of legislation relevant to receiving of payments or benefits to
forced labour could occur using abuse of entered into a contract of service with an forced labour and limited reporting and achieve the consent of a person
vulnerabilities and deception. employer” except for the employee not redress systems for workers. having control over another person,
National Action Plan on Forced Labour (2021-2025)
included in the Act or Ordinance, i.e. a for the purpose of exploitation.
Exploitation shall include, at a
domestic worker or a manual labourer. minimum, the exploitation of the
This leads to, for example, widespread prostitution of others or other forms
confiscation of migrant workers’ legal of sexual exploitation, forced labour
The Immigration Act 1959/63 papers and other practices that can or services, slavery or practices
(Immigration Act), supplemented amount to forced labour. In addition, the similar to slavery, servitude or the
by the Immigration Regulations While there are legal provisions to legislative framework is challenged by removal of organs.”
1963, governs Malaysia’s border prohibit and criminalise forced different definitions and provisions
controls and security. This includes labour in Malaysia, the between federal legislation and state
the power to issue Visitors Passes background study for the NAPFL, level legislation, in particular the
to temporary migrant workers and however, points to a number of Sarawak Labour Ordinance and the
12 months permits to migrant constraints in the application of the
workers passing medical exams. legal framework. Sabah Labour Ordinance.

The differences in, e.g. age limits and
Immigration authorities also hold the minimum wage, and the differences in
power to detain foreigners who enter the interpretation of migration
Malaysia without valid documentation.
regulations in different states leads to
National Action Plan on Forced Labour (2021-2025) documentation on employers and legislation and practices was highlighted
places
Immigration
Act
The
varying practices in different parts of
applying
for
responsibility
for
and
harmonisation
of
Malaysia
expressly forbids changing employers.
in the background study.
8
8 For more in-depth analysis and guidance see also ILO (2018)
Situation and gap analysis on Malaysian legislation, policies and
programmes, and the ILO Forced Labour Convention and
Protocol https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-
bangkok/documents/genericdocument/wcms_650658.pdf; ILO &
MEF (2019)
Business responsibility on preventing and addressing forced
labour in Malaysia https://www.ilo.org/wcmsp5/groups/public/--
-asia/---ro-bangkok/documents/publication/wcms_717944.pdf