EMPLOYEES’ MINIMUM STANDARDS OF HOUSING, ACCOMMODATIONS AND AMENITIES (ACCOMMODATION AND CENTRALIZED ACCOMMODATION) REGULATIONS 2020​​

EMPLOYEES’ MINIMUM STANDARDS OF HOUSING, ACCOMMODATIONS AND AMENITIES (ACCOMMODATION AND CENTRALIZED ACCOMMODATION) REGULATIONS 2020​​

The Human Resources Minister Datuk Seri M. Saravanan had stated that the continuous enforcement of the Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446) is crucial to ensuring efforts to eradicate elements of forced labour and human trafficking in the labour industry. In conjunction with this, sixth-three (63) charges will be foisted on firms failing to comply with the Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446). 

The Employees’ Minimum Standards Of Housing, Accommodations And Amenities (Accommodation And Centralized Accommodation) Regulations 2020​ is applicable to all employers and centralized accommodation providers who provide accommodation or centralized accommodation.​ Any employer or centralized accommodation provider shall provide accommodation in accordance with the minimum requirements for classes of the building as specified in the Schedule and contravention of this shall be amount to an offence and on conviction be liable to a fine not exceeding thousand ringgit or to imprisonment for a term not exceeding six months or to both.​ 

The following are the key regulations to be taken into account by the employer or centralized accommodation provider:-

  1. BASIC AMENITIES WHICH SHALL NOT BE SHARED (REG 4)​
  • A single bed with a measurement of not less than 1.7 square meters, and if a double-decker bed is provided, the space between the two beds shall not be less than 0.7 meters.​
  • A mattress with a minimum thickness of not less than 4 inches, a pillow and a blanket.​
  • A locked cupboard of not less 0.35 meters length, 0.35 meters width and 0.9 meters height, for the safe custody of the employees’ valuables including passport which may be accessible by the employees at any time.​
  • Penalty – fine not exceeding RM 1,000 or imprisonment not exceeding 6 months or both​

2. SIZE OF FLOOR AREA FOR BEDROOM AND SLEEPING AREA (REG 5)​

  • For the purpose of accommodation not in a form of a dormitory, any employer or centralized accommodation provider shall provide a bedroom with a floor area of not less than 3.6 sqm for each employee. ​
  • For the purpose of accommodation in a form of a dormitory, any employer or centralized accommodation provider shall provide a bedroom with a floor area of not less than 3 sqm for each employee.​
  • Penalty – fine not exceeding RM 1,000 or imprisonment not exceeding 6 months or both​

3. WATER & ELECTRICITY SUPPLY ​

  • Any employer or centralized accommodation provider shall ensure that there is water and electrical supply in accommodation.
  • Penalty –  fine not exceeding RM 1,000 or imprisonment not exceeding 6 months or both​

4. MINIMUM REQUIREMENTS FOR CLASSES OF BUILDINGS SUBREGULATION 3(1) ​ 

CLASSES OF BUILDINGS​MINIMUM REQUIREMENTS ​
An Accommodation Or   A Centralized Accommodation Not In A Form Of A Dormitory​One rest area​One dining area with chairs and tables ​Bedroom ​One Kitchen area​Bathroom and toilet with the ration of 1 toilet; 6 employees​Fan for each rest area, dining area and bedroom ​Lamp for each rest area, dining area, bedroom, kitchen area, bathroom and toilet ​One area to hang out clothes​One first aid kit ​Dustbin ​
An Accommodation Or A Centralized Accommodation In A Form Of A DormitoryOne rest area​One dining area with chairs and tables ​Sleeping area​One Kitchen areaBathroom and toilet with the ration of 1 toilet; 15 employees​Fan for each rest area, dining area and bedroom ​Lamp for each rest area, dining area, bedroom, kitchen area, bathroom and toilet ​One area to hang out clothes​One first aid kit ​Dustbin

TYPE OF BUILDING THAT CAN BE USED AS ACCOMMODATION​ 

  • Terrace House​
  •  Shop House ​
  •  Bungalow ​
  • Apartment / flat ​
  • Village house ​
  • Office shop ​
  • Cabin​
  • SoHo / SoFo ​
  • and others authorized by the local authority​

STEPS TO PREVENT  CONTAGIOUS DISEASE​

Employers and Providers of centralized accommodation must ensure that :​

  • the employee  health  is checked at the expense of the employer​
  • the employees are brought  to the hospital if necessary​
  • The  employees are quarantine when instructed  common areas  are decontaminated regularly ​
  • employees are immunized at the expense of the employer​
  •  measures to prevent and control infectious diseases such as Covid-19 are taken​
  • reference to the Health Medical Officer is made if there are symptoms of infectious diseases such as Covid-19 and others​

RECORDS THAT NEED TO BE PREPARED AND KEPT BY EMPLOYERS AND CENTRALIZED ACCOMMODATION PROVIDERS FOR JTK INSPECTION​

  • list of names of employees occupying the accommodation ​
  • records of accommodation maintenance ​
  • health records of employees occupying the accommodation ​
  • employee accommodation inspection  schedule by the employer or centralized accommodation provider ​
  • record book of employee health complaints at the accommodation​
  • The format of the above information record will be determined by JTKSM

It is to be noted that effective July 1, 2021, employers are required to obtain a worker accommodation certificate from the Department of Manpower Peninsular Malaysia (JTKSM) as a prerequisite before bringing in foreign workers in the country.​ This certificate must be submitted to the Malaysian Immigration Department (JIM) at the Visa With Reference application stage.

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