The Human Resources Ministry has amended the Workers’ Minimum Standards of Housing and Amenities (Amendment) Act 2019 which was due to come into effect on 1 June 2020 in Peninsular Malaysia and the Federal Territory of Labuan. The date was however extended to 1 September 2020 whereby a three months grace period was provided to the employer.
The purpose of the act is as follows:
- Cover all sectors of employment;
- Lay down minimum standards of housing and facilities for employees in line with international standards;
- Deal with the element of forced labour;
- Protect the rights and welfare of employees in relation to the accommodation;
- Improve control in terms of employee safety and health;
- Create a more systematic and conducive accommodation for workers for the purpose of the national development plan
OVERVIEW OF THE ACT
- Does not require employers to provide accommodation to employees but employers who provide need to comply with this Act.
- Does not require the employer to provide accommodation for employee’s dependents only individual employees who are not accompanied by family.
- Applicable not only to foreign workers but to all employees under the Employment Act 1955.
One of the crucial requirement to be complied with under the Act is that all accommodation and centralized accommodation provided must obtain an Accommodation Certificate from the Director-General of Manpower. The application for accommodation certificate must be made online at the following website: http://akta446.mohr.gov.my.
DOCUMENTS TO BE PREPARED PRIOR TO APPLICATION
|If building an accommodation building||Certificate of Completion and Compliance (CCC) from local authorities ( PBT).|
|If a temporary building or non-residential building|
Approval of Building Permit for a limited period from local authorities,Approval to Change Building Conditions or Building Renovation Approval from PBT.
|If the building is a rental||Approval or permission from the local authority (if applicable)|
APPLICATION AT JTKSM (STATE OFFICE OR DISTRICT OFFICE NEAR ACCOMMODATION)
- 2 copy of the Application Form (AC1) can be downloaded from the website
- Processing on behalf of the Director-General of Manpower as in the following table (next slide)
- Company Registration (SSM)
DOCUMENTS TO BE ATTACHED (WHICH EVER IS APPLICABLE)
Certificate of Completion and Compliance (CCC)
- Building Permit Approval for a limited period
- Approval to Change Building Conditions (if applicable)
- Building Renovation Approval (if applicable)
- Building Rental Agreement For rented buildings
- Floor plan
- Pictures of the exterior and interior of the building (bedroom, living room, kitchen, toilet and bathroom
Section 24 E
An employer is required to inform the DG of such accommodation occupied by his employee within 30 days from the date an employee occupies the accommodation. Failing to do so is an offence and the employer shall, on conviction, be liable to a fine not exceeding RM10,000
SECTION 24J SAFETY & HEALTH
- To provide separate accommodation to employees of the opposite gender;
- To take necessary preventive measures to ensure employees’ safety and well-being;
- To take fire safety measures in accordance with the relevant written laws;
- To ensure that the electrical wiring systems comply with safety requirements in accordance with the relevant written laws;
- To ensure that the employees receive the necessary medical assistance
- To take preventive measures to contain the spread of infectious disease
No employer or centralized accommodation provider shall use any building as accommodation if the building is unfitting for human habitation in accordance with the relevant written laws. Failure to adhere to this shall upon conviction be liable to a fine not exceeding fifty thousand ringgit.
SECTION 24 L APPOINMENT OF PERSON IN CHARGE OF ACCOMADATION
An employer or a centralized accommodation provider shall appoint at least one person in charge of accommodation who will be responsible for the safety and well-being of the employees and the management of the accommodations and amenities.
It shall be the duty of the person in charge of accommodation:
- To ensure that employees comply with the disciplinary rules as may be determined by the employer
- To visit and inspect the accommodation at least twice a month and keep a record of the inspection as may be determined by the Director-General in the place of employment
- To ensure an employee is taken to a clinic or hospital if the employee complains of his health or appears to be unwell or suffering from any disease or medical condition and keeps a record of complaints as may be determined by the Director-General in the place of employment.
SECTION 24K MAINTENANCE
An employer and a centralized accommodation provider shall ensure that every accommodation provided for employees is maintained as directed by the Director-General.
SECTION 24M NOTICE TO VACATE ACCOMMODATION
If an employee resigns under a contract of service or his employment is otherwise terminated by not less than four weeks’ notice, the employee shall vacate the accommodation upon the effective date of his resignation or the date the contract of service is terminated.
If an employee is terminated by less than four weeks’ notice or terminated with immediate effect, the employee shall vacate the accommodation within four weeks from the date of the notice or the date the contract of service is terminated.
SECTION 24N DEPENDENT’S
The employer is not obligated to provide accommodation for employees’ dependents.
Display notices in the Malay language and the spoken language of employees in relation to the rights and freedoms of workers in accordance with the law.