What actions will be taken against employers violating Act 446?

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Actions Will Be Taken Against Employers Violating Act 446

The government will take action against employers who fail to comply with the Workers’ Minimum Standards of Housing and Amenities Act 1990, also known as Act 446. This is in response to a significant number of foreign workers being housed in accommodations that do not meet the legal standards. As of October 31, only 8.89 per cent of the 1.6 million foreign workers in the country had accommodation certified under Act 446, leaving approximately 1.4 million workers in non-compliant housing.
Increased Inspections and Enforcement

The Department of Manpower Peninsular Malaysia (JTKSM) has intensified its inspection efforts since the enforcement of Act 446 began on September 1. To date, JTKSM has conducted 1,850 inspections, covering 1,813 employers and 37 centralised accommodation providers across the peninsula and Labuan. The department has set an ambitious target of conducting 25,000 inspections by the end of 2021 to ensure widespread compliance.
Certificate of Accommodation as a Prerequisite

To further strengthen enforcement, the Certificate of Accommodation will become a mandatory requirement for employers seeking to hire new foreign workers starting July 1 next year. This means that employers must secure the certificate from the Ministry of Human Resources before they can apply to bring in foreign workers, and before the Malaysian Immigration Department issues their visas. Failure to provide compliant accommodation will result in foreign workers being deemed illegal immigrants.
Broader Scope of Act 446

While the current focus of Act 446 enforcement is on foreign workers due to their higher incidence in Covid-19 cases, the legislation applies to both foreign and local workers. The government is also working to expedite the approval process for employers wishing to build workers’ quarters, with the Ministry of Housing and Local Government tasked with speeding up these applications.

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What actions will be taken against employers violating Act 446?

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