A closer look: Rules and regulations for foreign workers’ housing

Nearly a thousand people gathered to protest the construction of two dormitories intended to house migrant workers in Teluk Kumbar, Penang, recently.

PETALING JAYA: Over the New Year’s Eve weekend, nearly a thousand people gathered to protest the construction of two dormitories intended to house migrant workers in Teluk Kumbar, Penang.

The Penang government has long wanted to move migrant workers out of residential areas and into these dormitories, and has been keen to replicate Singapore’s successful introduction of purpose-built dormitories (PBDs).

However, its efforts have been met with widespread disapproval.

Amid the ongoing debate on dormitories for foreign workers and concerns about poor living conditions, FMT looks at Singapore’s dormitory management practices and compares them to the situation in Malaysia.

How Singapore manages migrant worker housing

In Singapore, the building and construction authority (BCA) is responsible for calling open tenders to lease out state land for the development of new PBDs to house its foreign work permit holders.

The BCA also oversees the construction of PBDs and its commercial operation.

In terms of legislation, Singapore’s Foreign Employee Dormitories Act (Feda) regulates the operational compliance of its PBDs.

Feda requires dormitory operators to apply for and obtain a licence from Singapore’s manpower ministry. They are also obliged to meet specific security and recreational standards imposed by law.

Depending on the type of dormitory they operate, operators may also be obliged to secure approval from various other government agencies, including the Urban Redevelopment Authority. They are also required to obtain fire safety certificates for their dormitories from the Civil Defence Forces.

Dormitory operators are also subject to regular compliance inspections by officers of the manpower ministry and other government agencies.

Malaysian equivalent?

In Malaysia, facilities comparable to Singapore’s PBDs exist, such as the centralised labour quarters (CLQ) in Kedah and Selangor, and centralised accommodation transits (CAT) in Penang.

The Workers’ Minimum Standards of Housing and Amenities Act 1990, known as Act 446, is Malaysia’s Feda equivalent.

Similar to Singapore, Act 446 specifies that all employee accommodation must satisfy certain minimum requirements to qualify for certification by the director-general of the labour department.

In fact, according to Section 24D(1) of Act 446, no accommodation can be provided to employees unless it has been duly certified.

Universiti Utara Malaysia migrant housing researcher Suzylah Sohaimi said that like Singapore, the government is not responsible for building CLQs or CATs.

“These CLQs will be constructed by developers, employers or accommodation operators and managed by the employer or a service provider,” she said, adding that the law allows them to charge workers rent.

Nonetheless, Suzylah said Feda provides more detailed provisions regarding the standards, facilities and conditions for various types of dormitories.

Good on paper, so why is Malaysia worse off?

Adrian Pereira of North-South Initiative said Malaysia has improved its worker housing requirements through Act 446, citing its comprehensive checklist as proof that the law is good on paper.

Adrian Pereira.

“For me, the big question is: why (is) the execution still very backward – still in a very precarious situation? It is probably the management,” he said.

Pereira claimed that labour inspectors have been focused on forced labour conditions at workplaces, but not in hostels.

“When it comes to hostels, local councils play an important role because they give certain approvals and certificates,” he said.

Suzylah Sohaimi.

Suzylah said Malaysia could empower the Construction Industry Development Board (CIDB) to oversee CLQs or CATs, similar to the supervisory role played by Singapore’s BCA.

“CIDB (can) conduct routine inspections and monitoring, which enables the early detection of problems and the implementation of required fixes.”