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3.2 International Work or service
Legal Framework “All work or service” refers to all types
of work, service and employment, In addition, Malaysia has ratified
occurring in any activity, industry or Convention no.182 (Worst Forms of Malaysia agreed to ratify the
The legal framework in sector, including in the informal Child Labour), Convention no.98 ILO Protocol to C29 of 2014
economy. Forced labour can occur in
Bargaining),
Convention
Malaysia is based on a both the public and private sectors. (Collective (Equal Remuneration) and (ILO P29), and the guiding National Action Plan on Forced Labour (2021-2025)
no.100
number of international and Convention no.138 (Minimum Age) and principles contained in P29
regional Conventions that Convention no.131 (Minimum Wage) will be applied to this NAPFL.
Malaysia has ratified. Any person which have provide useful guidance in
determining Malaysia’s obligations with
The definition applies to all workers. respect to the protection of the rights of
This refers to adults as well as migrant workers.
These include (but are not limited to) ILO children, regardless of their
Convention 29 on Forced Labour which nationality and legal status.
Malaysia ratified in 1957, the Protocol to Further, the ACTIP aims to effectively
Prevent, Suppress and Punish Trafficking deter and punish human trafficking, to
in Persons, Especially Women and Menace of any penalty provide assistance to victims and to
Children (Palermo Protocol) and the The “menace of any penalty” refers to promote cooperation and collaboration
ASEAN Convention against Trafficking in a wide range of penalties used to within the region.
Persons Especially Women and Children compel someone to perform work or
(ACTIP). service, including penal sanctions
and various forms of direct or indirect The Convention specifically underlines
coercion, such as physical violence, the need to prevent human trafficking,
psychological threats or the non- including trafficking for labour
ILO C29 defines “forced or payment of wages. The “penalty” may
compulsory labour” as “all work or exploitation, through establishing a
service which is exacted from any also consist of a loss of rights or coherent legislative framework and
person under the menace of any privileges (such as a promotion, enacting policies and programmes to
penalty and for which the said transfer, or access to new prevent trafficking in persons at national
person has not offered himself employment). levels. In addition, the Convention
voluntarily”. Involuntariness stresses the importance of regional and
National Action Plan on Forced Labour (2021-2025) This definition consists of the following to the free and informed consent of a
international cooperation to eliminate
human trafficking.
The terms “offered voluntarily” refer

elements:
worker to enter into an employment
relationship and his or her freedom
to leave the employment at any time.
For example, an employer or recruiter
could interfere with this freedom by
9 This explanation of the definition is taken from “The new
making false promises to induce a
Protocol and Recommendation at a glance” http://www.ilo.org/
worker to take a job that he or she
wcmsp5/groups/public/---ed_norm/---declaration/documents/
would not otherwise have accepted.
9