SHAH ALAM, May 1 — Malaysia has strong legal protections but awareness of workers’ rights in the country remains low, making it difficult to ensure effective workplace justice, said a legal eagle.
Lawyer Esther Tamil Chelevam said this issue cuts across all races and employment sectors, particularly as workers are less exposed to labour laws and their basic rights.
“When workers themselves do not know what their rights are, it is very difficult to ensure those rights are properly protected,” she said told Media Selangor.
She noted that some workers still do not have clear employment contracts and lack understanding of basic matters such as retirement contributions, insurance protection and workplace safety.
She said several factors have been identified as contributing to the situation, including weak human resource management, lack of exposure to labour laws, and fear of speaking up.
This combination has resulted in issues such as wage arrears, pension problems and workplace safety concerns not being effectively addressed.
At the same time, the high cost of living, especially in urban areas, adds further pressure on workers, leading some to remain silent.
“Many choose to stay silent because they are afraid of losing their jobs,” she said, adding that this is not limited to young workers but cuts across all age groups.
Do not act emotionally
On how to handle workplace issues, Esther advised workers to act professionally rather than emotionally.
“The first step is to gather evidence and keep proper documentation,” she said, stressing the importance of solid evidence for any complaint to be properly processed.
She added that workers are encouraged to raise any issues with their human resources department first before referring the matter to the Labour Department or seeking legal advice, including taking the case to court if necessary.
Esther said the Malaysian Bar Legal Aid Centre is an important channel for low-income workers to seek free or low-cost legal advice on issues such as wage arrears, unfair dismissal, non-payment of overtime or workplace harassment.
She said the centre also helps prepare documents and guide workers through the process of lodging complaints with the authorities or pursuing court action.
“Even without financial means, there are still ways to claim your rights through the proper channels,” she said.
In addition, the government’s “Working For Workers (WFW)” app is seen as making it easier for workers to lodge complaints in a safer and more structured manner, she said.
On Selangor, Esther said its diverse industries attract both local and foreign workers, but intense competition creates pressure for some, with cases of low wages, lack of contracts and unpaid overtime still occurring.
Foreign workers also face additional challenges such as language barriers and limited legal awareness, she noted.
She said non-compliance with labour laws persists in small and medium enterprises, including failure to pay overtime and inadequate safety protection.
“This problem does not happen solely because the laws are weak, but because awareness levels are still low."
Concluding her remarks in conjunction with Workers’ Day, she emphasised the importance of self-worth among workers. “If we learn to value ourselves, we will have the courage to stand up against injustice.”
