All forms of exploitation and abusive practices against workers in the workplace are prohibited both by domestic and international instruments. Incidents of exploitation in the workplace are numerous and this includes, inter alia, withholding wages without valid reasons; non-payment of wages on time; long working hours without any overtime payment; failure to provide adequate rest days, public holidays or annual leave; poor and hazardous working conditions; arbitrary discipline; verbal or physical abuse; child labour; and human trafficking. To promote basic labour standards in the member states, the International Labour Organization (ILO) has adopted many Conventions and Recommendations. In Malaysia, laws have been enacted to provide basic legislative protection to employees against all forms of exploitation, victimisation, abuses and unfair labour practices as exemplified in the case of Jaya Timor v Abdul Hafeez Mohammad [1922] 2 ILR 16. Despite the labour legislations, workers in specific sectors are still subjected to physical, verbal or psychological abuses which are akin to modern-day slavery with little or no consideration to their well-being, for example, poor and unsafe working standards, excessive working hours, non-payment or lower payment of wages, forced labour, child labour and sexual exploitation, among others. For example, paying an employee a low monthly salary despite holding a high degree of responsibility in terms of technical skills, knowledge and competence as depicted in the case of Hartalega Sdn Bhd v Shamsul Hisham Mohd Aini [2002] 3 ILR 122, harassing or forcing a worker into resignation in Ang Beng Teik v Pan Global Textile Bhd Penang [1966] 3 MLJ 137, transferring of workers actuated by mala fide, i.e. to oust the worker from employment in Amran Ramakrishnan Abdullah & Anor v CS Metal Industries (M) Sdn Bhd & Ors [2009] 2 LNS 0487, unilateral variation of the terms of employment to the detriment of the employee in Ladang Holyrood v Ayasamy Manikam & Ors [2004] 2 CLJ 697 & Antioni Sdn Bhd v Maria Lawrence [2001] 2 ILR 364 threatening dismissal those who had formed or joined a trade union or one who had attempted to enforce his statutory right in Sure Catch Fishing Tackle MFG Sdn Bhd v Lily Ng & Anor [2010] 1 ILR 15 subjecting a worker to mental distress and depression in Selvamani Muniandy v Pheonix Far East Sdn Bhd [2010] 2 LNS 0567 for example, using intemperate or abusive language in Horkulak v Cantor Fitzgerald International [2003] IRLR 756; Palmanor Ltd v Cedron (1978) IRLR 303; Isle of Wight Tourist Board v Coombes [1976] IRLR 413 & Moores v Bude-Stratton Town Council [2000] IRLR 676, putting an employee in cold storage and making his life difficult for example, an administrative officer required to work as a labourer at the production floor, among others. Having said the above, this chapter discusses exploitation, victimisation and unfair labour practices involving workers and the remedies available to such workers, namely to invoke constructive dismissal claims. Given that the circumstances in which a worker may be subject to exploitation are numerous, this chapter will only cover some of the circumstances.

Modern Slavery in the Employment Practice: The Malaysian Perspective

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发表日期：

2025年

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Ashgar Ali Ali Mohamed

摘要

All forms of exploitation and abusive practices against workers in the workplace are prohibited both by domestic and international instruments. Incidents of exploitation in the workplace are numerous and this includes, inter alia, withholding wages without valid reasons; non-payment of wages on time; long working hours without any overtime payment; failure to provide adequate rest days, public holidays or annual leave; poor and hazardous working conditions; arbitrary discipline; verbal or physical abuse; child labour; and human trafficking. To promote basic labour standards in the member states, the International Labour Organization (ILO) has adopted many Conventions and Recommendations. In Malaysia, laws have been enacted to provide basic legislative protection to employees against all forms of exploitation, victimisation, abuses and unfair labour practices as exemplified in the case of Jaya Timor v Abdul Hafeez Mohammad [1922] 2 ILR 16. Despite the labour legislations, workers in specific sectors are still subjected to physical, verbal or psychological abuses which are akin to modern-day slavery with little or no consideration to their well-being, for example, poor and unsafe working standards, excessive working hours, non-payment or lower payment of wages, forced labour, child labour and sexual exploitation, among others. For example, paying an employee a low monthly salary despite holding a high degree of responsibility in terms of technical skills, knowledge and competence as depicted in the case of Hartalega Sdn Bhd v Shamsul Hisham Mohd Aini [2002] 3 ILR 122, harassing or forcing a worker into resignation in Ang Beng Teik v Pan Global Textile Bhd Penang [1966] 3 MLJ 137, transferring of workers actuated by mala fide, i.e. to oust the worker from employment in Amran Ramakrishnan Abdullah & Anor v CS Metal Industries (M) Sdn Bhd & Ors [2009] 2 LNS 0487, unilateral variation of the terms of employment to the detriment of the employee in Ladang Holyrood v Ayasamy Manikam & Ors [2004] 2 CLJ 697 & Antioni Sdn Bhd v Maria Lawrence [2001] 2 ILR 364 threatening dismissal those who had formed or joined a trade union or one who had attempted to enforce his statutory right in Sure Catch Fishing Tackle MFG Sdn Bhd v Lily Ng & Anor [2010] 1 ILR 15 subjecting a worker to mental distress and depression in Selvamani Muniandy v Pheonix Far East Sdn Bhd [2010] 2 LNS 0567 for example, using intemperate or abusive language in Horkulak v Cantor Fitzgerald International [2003] IRLR 756; Palmanor Ltd v Cedron (1978) IRLR 303; Isle of Wight Tourist Board v Coombes [1976] IRLR 413 & Moores v Bude-Stratton Town Council [2000] IRLR 676, putting an employee in cold storage and making his life difficult for example, an administrative officer required to work as a labourer at the production floor, among others. Having said the above, this chapter discusses exploitation, victimisation and unfair labour practices involving workers and the remedies available to such workers, namely to invoke constructive dismissal claims. Given that the circumstances in which a worker may be subject to exploitation are numerous, this chapter will only cover some of the circumstances.