2022_A Legal Analysis of Migrant Workers’ Employment Rights Under Malaysian Law
| Format: | General Document |
|---|
| _version_ | 1860798173104046080 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2023-01-08 |
| format | General Document |
| id | 16288 |
| institution | UniSZA |
| originalfilename | A LEGAL ANALYSIS OF MIGRANT WORKERS’ EMPLOYMENT RIGHTS UNDER MALAYSIAN LAW (PHD_2022).pdf |
| person | Cherifi Noura |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16288 |
| sourcemedia | Server storage Scanned document |
| spelling | 16288 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16288 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 2.4.24; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Analysis Copyright©PWB2025 291 Legal 2023-01-08 A LEGAL ANALYSIS OF MIGRANT WORKERS’ EMPLOYMENT RIGHTS UNDER MALAYSIAN LAW (PHD_2022).pdf Cherifi Noura Migrant Migrant labor Foreign workers Employment rights 2022_A Legal Analysis of Migrant Workers’ Employment Rights Under Malaysian Law Migration is an important global issue that predominantly affects the labor market. Malaysia is among the popular destination countries for labor migration in Asia. Like many other countries with labor shortages, the number of documented and undocumented migrant workers in this country keeps increasing every year due to rapid economic development. However, guaranteeing and protecting the rights of migrant workers have proven to be challenging and troublesome as there are various reports of mishandling, denial, and violation of rights by employers. The issues relating to protecting the employment rights of migrant workers have been the subject of attention from various parties. Thus, this study aims to analyze the adequacy of current Malaysian law and policies in protecting the employment rights of migrant workers, with reference to the international standards set by the various international instruments. This study adopted qualitative research. It employed a doctrinal legal research approach to examine the current Malaysian legal framework on the employment rights of migrant workers. In addition, reference was also made to international instruments, particularly on the aspect of the employment rights of migrant workers. In terms of data collection, the study used library research which focused on analyzing primary and secondary sources. Primary sources included statutes, treaties, conventions, case law and interview. A semi-structured interview method was employed to find data on trends and issues in the field research. The respondents comprised of two categories: Bangladeshi and Algerian migrant workers working in Malaysia and academicians having in-depth understanding of migrant workers' issues. Secondary sources included books, journals, reports, conferences papers, and other periodicals. All the above sources were analyzed using content analysis approach based on historical, philosophical, and special reference perspectives. The research disclosed that the current Malaysian legal framework on the employment rights of migrant workers is incomprehensive and inadequate to guarantee and protect their rights in this country. The analysis of the provisions of laws and policies evidently disclosed loopholes and shortcomings in the current Malaysian legal framework, which have negatively affected the rights, interests, and welfare of migrant workers in their employment. This study also found that certain aspects of the current Malaysian legal framework relating to the employment rights of migrant workers do not correspond with the requirement of international standards. This research concluded that it is high time for the government of Malaysia to review the existing legal framework regarding the employment rights of migrant workers. It is recommended that the reform in the aspects of legislative, administrative, and policy amendments should be initiated in line with the requirement of the international standards on the employment rights of migrant workers. Dissertations, Academic Thesis |
| spellingShingle | 2022_A Legal Analysis of Migrant Workers’ Employment Rights Under Malaysian Law |
| state | Terengganu |
| subject | Migrant labor Foreign workers Employment rights Dissertations, Academic |
| summary | Migration is an important global issue that predominantly affects the labor market. Malaysia is among the popular destination countries for labor migration in Asia. Like many other countries with labor shortages, the number of documented and undocumented migrant workers in this country keeps increasing every year due to rapid economic development. However, guaranteeing and protecting the rights of migrant workers have proven to be challenging and troublesome as there are various reports of mishandling, denial, and violation of rights by employers. The issues relating to protecting the employment rights of migrant workers have been the subject of attention from various parties. Thus, this study aims to analyze the adequacy of current Malaysian law and policies in protecting the employment rights of migrant workers, with reference to the international standards set by the various international instruments. This study adopted qualitative research. It employed a doctrinal legal research approach to examine the current Malaysian legal framework on the employment rights of migrant workers. In addition, reference was also made to international instruments, particularly on the aspect of the employment rights of migrant workers. In terms of data collection, the study used library research which focused on analyzing primary and secondary sources. Primary sources included statutes, treaties, conventions, case law and interview. A semi-structured interview method was employed to find data on trends and issues in the field research. The respondents comprised of two categories: Bangladeshi and Algerian migrant workers working in Malaysia and academicians having in-depth understanding of migrant workers' issues. Secondary sources included books, journals, reports, conferences papers, and other periodicals. All the above sources were analyzed using content analysis approach based on historical, philosophical, and special reference perspectives. The research disclosed that the current Malaysian legal framework on the employment rights of migrant workers is incomprehensive and inadequate to guarantee and protect their rights in this country. The analysis of the provisions of laws and policies evidently disclosed loopholes and shortcomings in the current Malaysian legal framework, which have negatively affected the rights, interests, and welfare of migrant workers in their employment. This study also found that certain aspects of the current Malaysian legal framework relating to the employment rights of migrant workers do not correspond with the requirement of international standards. This research concluded that it is high time for the government of Malaysia to review the existing legal framework regarding the employment rights of migrant workers. It is recommended that the reform in the aspects of legislative, administrative, and policy amendments should be initiated in line with the requirement of the international standards on the employment rights of migrant workers. |
| title | 2022_A Legal Analysis of Migrant Workers’ Employment Rights Under Malaysian Law |
| title_full | 2022_A Legal Analysis of Migrant Workers’ Employment Rights Under Malaysian Law |
| title_fullStr | 2022_A Legal Analysis of Migrant Workers’ Employment Rights Under Malaysian Law |
| title_full_unstemmed | 2022_A Legal Analysis of Migrant Workers’ Employment Rights Under Malaysian Law |
| title_short | 2022_A Legal Analysis of Migrant Workers’ Employment Rights Under Malaysian Law |
| title_sort | 2022_a legal analysis of migrant workers’ employment rights under malaysian law |