PUTRAJAYA – A total of 59 companies, including several subsidiaries of Top Glove, will be hauled to court starting this month for various offences under the Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446).
This will be the first time any employer will be charged in court since the act was amended and enforced September last year to cover all employment sectors providing housing and accommodation for workers.
Human Resources Minister Datuk Seri M. Saravanan said to date, checks have been conducted on 3,452 companies, from which 124 investigation papers (IPs) have been initiated.
He said of the 124, 115 IP have been referred to the Attorney-General’s Chambers, with 70 of them being given the go ahead to be charged in court, involving 59 employers, some with multiple offences.
Saravanan said the majority of the offenders are glove manufacturers.
“The charges will be made under Section 24D, 24H and 24J of the act, as well Regulation 3 and 4 of the Employees’ Minimum Standards of Housing, Accommodation and Amenities (Accommodation and Centralised Accommodation) Regulations 2020.
“Each offence carry a maximum fine of RM50,000,” he told a press conference here today.
Section 24D relates to providing accommodation without a certificate while Section 24H refers to providing housing that is unfit for human habitation, while Section 24J is on failure to provide separate accommodation for employees of different genders.
Regulation 3 refers to the failure to meet minimum requirements for classes of buildings on providing one bathroom and toilet for every 15 workers and Regulation 4 relates to the providing of basic amenities, such as a bed, mattresses and locked cupboards.
“Sometimes, I feel sad that our country is being accused by various quarters of neglecting the well-being of workers, especially during this pandemic, which is why we are taking this strict action today,” he said.
Responding to criticisms over the delay in action, Saravanan said this is due to the lengthy legal process, which has to go through the AGC.
Meanwhile, on the enforcement of the emergency ordinance on offences related to Act 446 beginning February 26, Saravanan said the ministry has been cleared to issue compounds to eight employers.
This is after the ministry conducted checks on 3,256 companies involving 17,576 accommodations.
Under the ordinance, employers and accommodation providers that fail to improve the living conditions of their staff or transfer them to temporary centres during upgrading works, face a maximum fine of RM200,000 or up to three years’ jail.
“We would also like to remind all employers who have not applied for a certificate of accommodation to do so immediately to avoid stern action under Act 446.” – The Vibes, March 15, 2021
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