Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation, which read as follows:

The Committee notes the Government’s report and the discussion which took place at the 1998 Conference Committee on Malaysia’s application of Article 6, paragraph 1(b), of the Migration for Employment Convention (Revised), 1949 (No. 97), raising similar problems to those considered under this Convention.

  Article 1, paragraph 1, of the Convention.  In its previous comment, the Committee drew the Government’s attention to the fact that the transfer of foreign workers, working in the private sector, from the Employee’s Social Security Scheme (ESS) to the Workmen’s Compensation Scheme was not in conformity with this provision of the Convention. A review of the two schemes had in fact shown that the level of benefits in case of industrial accident provided under the ESS was substantially higher than that provided under the Workmen’s Compensation Scheme. In this respect the Committee notes with interest that the Government has now reported that it is envisaging reviewing the present situation regarding the coverage of foreign workers under the ESS and that it is proposing amendments to the Social Security Act of 1969 in this regard. The Committee hopes that in its next report the Government will be able to indicate the progress made in amending the Social Security Act in order to ensure that foreign workers will receive the same workmen’s compensation benefits as those paid to nationals in conformity with this provision of the Convention. Please supply copies of the proposals made or the amended law, if adopted, in the next report.

The Committee hopes that the Government will make every effort to take the necessary steps in the near future.