Legal protection of Bangladeshi migrant workers in Malaysia : an analytical study

Abstract

The safety movement of migrant workers working overseas with legal protection has always been in the midst of threats to their rights due to the lack of efficient legal regimes and cooperative agreements among the states. This compelling situation forces the international community to create regulatory frameworks that effectively suppress migrant workers’ protection. Due to the industrial revolution and economic growth, Malaysia has become one of the most important hubs for migrant workers, especially in south and southeast Asian nations. In addition, the number of Bangladeshi legal migrant workers has sharply increased in recent years. The researcher, therefore, aims to conduct an in-depth study to identify, examine, analyse deficiencies, and propose viable solutions in contemporary international law relevant to the protection of migrant workers, regional agreements, and arrangements by the sending and receiving countries. The study also incorporates discussion on relevant national and international legal instruments, namely the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), the Universal Declaration of Human Rights (UDHR), the International Labour Organization (ILO) Convention, the Bangladesh Overseas Employment and Migrants Act 2013, the Prevention and Suppression of Human Trafficking Act 2012, the Emigration Ordinance 1982, and Malaysian Employment Laws. The primary focus of the research is doctrinal, and the researcher employs multidimensional methods of legal research, predominantly qualitative in nature. The researcher uses an analytical approach to examine the efficacy of the aforesaid contemporary international and domestic legal frameworks. The analysis also evaluates various definitions of migrant workers in international law, Malaysian employment law, and Bangladesh labour law. The study conducted a thorough analysis of existing legal means and concluded that both Malaysia and Bangladesh should implement a regulatory framework to effectively suppress such legal protection. Nevertheless, the Bangladesh Overseas Employment and Migrants Act 2013 plays a vital role in maintaining all legal procedures for export labour migration overseas. The Prevention and Suppression of Human Trafficking Act 2012 also imports factors to protect the legal rights of migrant workers. Furthermore, the protection of migrant workers’ rights under Malaysian domestic laws is significantly richer. The Federal Constitution also gave equal rights to all the citizens who legally stay and work in Malaysia. In addition, the Employment Act 1955 (West Malaysia), the Workmen’s Compensation Act 1952, the Worker’s Minimum Standard of Housing and Amenities Act 1990, the Occupational Safety and Health Act 1994, and the Minimum Wages Order 2012 are available to protect the rights of migrant workers in Malaysia. Hence, the researcher suggests that it would be more effective to supplement the aforesaid international conventions with regional agreements, which can provide more pragmatic solutions to address issues relating to the definitions of legal protection for migrant workers. This study has assessed the effectiveness of current migrant worker laws in Bangladesh and Malaysia, recommending the implementation of selected amended laws in Malaysia and the need for amendments to some of Bangladesh’s overseas immigrant laws. This research should help address the legal rights of migrant workers in Bangladesh and Malaysia; besides, it has reviewed traditional and contemporary laws pertinent to this area of academic inquiry.

Keywords: Legal Protection, Migrant Workers, International Legal Instruments, Bangladesh Employment Laws, Malaysian Employment Laws