Page 38 - NAPFL FINAL

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The Anti-Trafficking in Persons and Anti- Since 2013, the Minimum Wage Orders
Smuggling Act 2007 (ATIPSOM) under the National Wages Consultative
criminalises offences of forced labour as Council Act 2011 have applied to both
a form of exploitation under trafficking Malaysians and migrant workers. The
in persons and the ATIPSOM forms the minimum wage extends to all workers
basis for the NAPTIP. ATIPSOM defines covered by the Employment Act 1955,
trafficking to include all actions involved Sarawak Labour Ordinance (Cap 76) or
in acquiring or maintaining the labour or Sabah Labour Ordinance (Cap 67)
services of a person through coercion except domestic workers.
and proving the element of coercion is
central to making a case of trafficking or
forced labour under the ATIPSOM. The Act is applicable to “Any person,
However, it does not acknowledge that irrespective of his occupation, who has
forced labour could occur using abuse of entered into a contract of service with an
vulnerabilities and deception. employer” except for the employee not
included in the Act or Ordinance, i.e. a
domestic worker or a manual labourer.

The Immigration Act 1959/63
(Immigration Act), supplemented
by the Immigration Regulations While there are legal provisions to
1963, governs Malaysia’s border prohibit and criminalise forced
controls and security. This includes labour in Malaysia, the
the power to issue Visitors Passes background study for the NAPFL,
to temporary migrant workers and however, points to a number of
12 months permits to migrant constraints in the application of the
workers passing medical exams. legal framework.

Immigration authorities also hold the
power to detain foreigners who enter
Malaysia without valid documentation.
National Action Plan on Forced Labour (2021-2025) documentation on employers and
places
Act
The
Immigration
for
responsibility
for
applying
expressly forbids changing employers.