LETTER | Despite the government’s campaign on hiring restriction of the unskilled migrant workers in preference of national workers, the population of migrant workers in Malaysia has increased over the past few years. 

The rapid expansion of small and medium-sized industries have created an increased demand for migrant workers who make up for the "shortages" of labour in these industries. 

The agriculture, construction, hotels, restaurants and other enterprises in the hospitality industry are heavily dependent on migrant workers, especially for jobs on the lower rungs of the hierarchy. 

Apart from being submissive, these workers are in most circumstances ever willing to adapt to the employers' urgent needs including working longer hours and on holidays, hence, make migrant workers the preferred choice by some employers. 

This is aside from the fact that it is not mandatory for the employer to make a statutory contribution towards the Employees Provident Fund and the Employment Insurance System under the Employees Provident Fund Act 1991 and Employment Insurance System Act 2017, respectively. 

Further, there are certain restrictions for these workers to be involved in trade union activities. 

While it is not denied that migrant workers have contributed enormously to the development of this country especially in the construction and various manufacturing industries, the preference must be the national workers to migrant workers more so now with the economic impact of Covid-19 has resulted in unemployment of the local workers which had exceeded over half a million. 

Apart from attractive job package, it is suggested that flexible work arrangement patterns such as working from home or at a certain location other than the employer’s usual place of business, should be explored as this could attract more local workers, particularly the women, to join the labour force. 

Many women with their household commitments are unwilling to take up full-time jobs and with the flexible work arrangements it will enable them to make a necessary bargain with the employer in terms of the hours of work, place of work, job sharing and homework, among others. 

The flexible working arrangements, however, can be challenging since the existing employment law lacked legal protection for these workers and hence, a review of the labour legislations to suit the "new normal" is also necessary.

ASHGAR ALI ALI MOHAMED is a law professor at the International Islamic University Malaysia (IIUM).

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.