Housing for foreign workers must

PETALING JAYA: The workers’ minimum standards of housing and amenities act 1990 (Act 446) will now be enforced in Sabah and Sarawak, following an amendment to the Act, Human Resources Minister M Saravanan said.

There were previously no laws related to employee housing in Sabah and Sarawak.

“This is just for the duration of the emergency. We will have discussions with the states to see how effective the Act is,” he said.

The Emergency Ordinance (Workers’ Minimum Standards of Housing and Amenities) 2021 was gazetted on Feb 17, which now allows the law to be implemented in Sabah and Sarawak.

Under the Act, it was compulsory for employers to provide accommodation to all their foreign workers and failing to adhere to this new legislation, all offences committed under the Workers’ Minimum Standards of Housing and Amenities Regulations were compoundable.

Earlier this month, Prime Minister Muhyiddin Yassin said the government was in the process of amending Act 446 based on the power granted to it through the Emergency Ordinance.

The amendment will also allow the Director-General of the Labour Department for Peninsular Malaysia to issue instructions to property owners to replace, alter or repair accommodations that do not comply with Act 446.

The Director-General now also has the power to immediately transfer employees from “overcrowded and uninhabitable” premises to temporary accommodations set up by the department.

In addition, his Ministry is collaborating with the tourism, arts and culture ministry to prepare a list of temporary accommodation for workers transferred from accommodation that does not meet Act 446.

The cost of stay at these hotels and centralised labour quarters certified by the Labour Department will be borne by employers, as will all related transport costs.

Saravanan also said all employers have to get their foreign workers vaccinated when the National Immunisation Programme kicks off.

He said the measures would be key in addressing the issue of cramped accommodation for foreign workers, which has been a key factor in the spread of Covid-19 in the country.

“The enforcement (of Act 446) prioritises 75,000 employers employing foreign workers with a focus on three states with the highest number of foreign workers (Selangor, Johor and the federal territory of Kuala Lumpur) as well as three sectors with the highest positive cases; manufacturing, construction and services,” he said.

“Owners of accommodation who fail to comply with the Act can be fined RM200,000, jailed for up to three years or both.”