Act 446: Failure to provide accommodation for employees, 59 employers to be prosecuted - Saravanan

PUTRAJAYA: 59 employers will be arraigned in a court starting this month for offenses under the Minimum Standards of Housing, Accommodation and Employee Facilities Act 1990 (Act 446) Amendment 2019.

Human Resources Minister Datuk Seri M Saravanan said this was the first time prosecution had been conducted against employers under the Act 446 amendment 2019 after its enforcement began on September 1, 2020.

"The results of these ongoing inspections have also led to the opening of 124 investigation papers under Act 446 involving 59 employers in various sectors including the manufacture of rubber gloves and furniture, construction, retail and manufacturing throughout Peninsular Malaysia.

"Out of the total 124 investigation papers, 115 investigation papers have been referred to the Deputy Public Prosecutor (DPP) with 70 investigation papers continued with the prosecution," he explained in a press conference in Putrajaya on Monday.

The 70 investigation papers, Saravanan explains, involves charges under Section 24D, Section 24H, Section 24J as well as Rule 3 and Rule 4 of the Minimum Standards of Housing, Accommodation and Employee Facilities (Accommodation and Centralized Accommodation) Regulations 2020.

For each offense, the employer can be fined not more than RM50,000 if convicted.

Meanwhile, commenting on Act 446 amendments under the Emergency Ordinance amendment from February 26, Saravanan further explained that a total of 3,256 employers had been inspected and involved a total of 17,576 accommodations.

"From the inspection, a total of eight investigation papers have been opened under the Emergency Ordinance (Minimum Standards of Housing, Accommodation and Employees' Facilities) (Amendment) 2021 for compound action," he added.

Therefore, KSM stressed Saravanan, requesting companies from various sectors in the country to comply with Act 446 in carrying out its responsibility to reduce the spread of COVID-19 while restoring the country's economy.

Strictly speaking, no company will escape legal action if it is found to have failed or refused to comply with the act.

“I hope the companies involved in this investigation, will help the government so that together we have the responsibility to reduce the spread of COVID-19 and improve the country’s economy.

"The space is still given, therefore, we ask these companies not to take advantage. KSM, when conducting an investigation, we will refine the financial position of the company," he explained.