The Emergency (Employees’ Minimum Standards of Housing, Accommodations and Amenities) (Amendment) Ordinance 2021[1] came into operation on 26th February, 2021. The Amendment Ordinance amends the Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990 in the following manner –
- The Act now applies throughout Malaysia, which earlier applied only to Peninsular Malaysia and the Federal Territory of Labuan.
- The definition of ‘accommodation’ which refers to any permanent or temporary building or structure including any house, hut, shed or roofed enclosure used for the purpose of human habitation has been expanded to include centralised accommodation.
- A new section 24BA is introduced to empower the Minister to prescribe any class, category or description of employees that shall be provided with accommodation by the employers under Part IIIA.
- The Director General of Labour now has the power to direct an employer or centralised accommodation provider to bear the expenses incurred in complying with the directions given by the Director General for administering and regulating all matters relating to an accommodation.
- A new section 24FA is introduced to give power to the Director General to issue a notice directing the employer or centralised accommodation provider to replace, alter or repair the accommodation or amenities if the DG finds that such accommodation or amenities do not comply with the minimum requirements under the Act or any regulations under the Act.
- A new section 24FB is introduced to give power to the Director General to direct the employer or centralised accommodation provider to provide temporary accommodation in the course of the replacement, alteration or repair of the accommodation and amenities pursuant to directions given under section 24FA.
- The Penalty of a fine not exceeding RM 50,000 and a further fine not exceeding RM 1,000 a day for each day of a continuing offence for contravention of any provisions under the Act or any regulation made under the Act or failure to carry out any order made by the DG is now extended to centralised accommodation providers.
*Tanvi Singh, Editorial Assistant has put this story together.
[1] http://www.federalgazette.agc.gov.my/outputp/pua_20210226_PUA%2077.pdf
