8.2.4 : Employment policy modern slavery
Business responsibility on preventing and addressing forced labour in Malaysia
The International Labour Organization (ILO) provides a foundational Employment policy commitment against forced labour, modern slavery, human trafficking, and child labour through its comprehensive guidance, Business responsibility on preventing and addressing forced labour in Malaysia: A must-read guide for Malaysian employers.
The guide unequivocally defines Forced Labour as "any work or employment wherein the worker is compelled to work against her/his will and that she/he is unable to leave such an abusive situation because of direct or indirect threat or penalty by her/his recruiter or employer". It explicitly prohibits:
- Forced Labour and Modern Slavery: Forced labour is identified as a severe violation of human rights and restriction of human freedom. The guide details various indicators of forced labour, including retention of identity documents (such as passports), restriction of movement, coercion through debt bondage resulting from high recruitment fees, and the withholding, delay, or unlawful deduction of wages.
- Human Trafficking: The document links forced labour to the Anti-Trafficking in Persons and Smuggling of Migrants Act (ATIPSOM) in Malaysia, noting that forced labour is a form of exploitation under this act, and coercion is central to pursuing a trafficking case.
- Child Labour: Within the definition of involuntariness, the guide clearly states that "a child cannot be deemed to give consent" to work, which is a key element in determining forced labour.
The resource mandates that employers must respect their legal obligations to eliminate forced labour in their operations and supply chains, warning that failure to eradicate these practices can lead to imprisonment and fines as it is a serious criminal offence under Malaysian law.
The ILO guide's principles offer an established and internationally recognized framework that can be adopted as a direct policy commitment.
Source :
Law of Malaysia
The organization’s policy commitment against forced labour, modern slavery, human trafficking, and child labour is rigorously anchored in the Malaysian Employment Act 1955 (Act 265). This national legislation forms the mandatory legal framework and foundational policy for ensuring ethical employment practices and eradicating modern slavery indicators across all operations and supply chains.
The Act contains a specific, severe criminal provision under Section 90B (Forced labour) that unequivocally prohibits involuntary work. This section makes it an offence for any employer who "threatens, deceives or forces an employee to do any activity, service or work". Crucially, the law further prohibits a key element of modern slavery and human trafficking by outlawing any action that "prevents that employee from proceeding beyond the place or area where such activity, service or work is done". This clause directly criminalizes the restriction of movement and coercion.
Source :
https://jtksm.mohr.gov.my/sites/default/files/2023-11/Akta%20Kerja%201955%20%28Akta%20265%29.pdf
