ANALISA PERUNDANGAN BURUH PAKSA DALAM KONTEKS PIAWAIAN PERBURUHAN ANTARABANGSA DAN UNDANG-UNDANG MALAYSIA

ABSTRAK Isu eksploitasi buruh sehingga kini terus mendapat liputan media tempatan dan antarabangsa. Ia adalah salah satu bentuk pemerdagangan orang yang ditempelak masyarakat dunia. Sebagai sebuah negara yang menjadi ahli kepada International Labour Organisation (ILO), isu ini perlu dipandang serius dan dibanteras. Artikel ini bertujuan mengkaji standard perburuhan antarabangsa dan peruntukan undang-undang di Malaysia berkaitan buruh paksa dan pemerdagangan orang dengan menganalisa kerangka perundangan dan isu-isu berkaitan menggunakan metodologi doktrinal dan kajian kepustakaan termasuk analisa beberapa kes-kes yang diputuskan di mahkamah. Walaupun Malaysia mempunyai undang-undang tempatan seperti Akta Anti-Pemerdagangan Orang dan Anti-penyeludupan Migran 2007 (ATIPSOM)[Akta 670] yang mencakupi aspek eksploitasi dan paksaan, begitu juga Akta Kerja 1955 [Akta 265] dan Akta Standard Minimum Perumahan dan Kemudahan Pekerja 1990 [Akta 446], dan namun terdapat dakwaan bahawa masih terdapat lacuna dalam undang-undang ini dan ianya memerlukan penambahbaikan bagi menangani isu eksploitasi buruh atau amalan buruh paksa di Malaysia dengan jayanya. Dapat disimpulkan bahawa oleh kerana terma buruh paksa tidak didefinisikan dalam mana-mana undang-undang di Malaysia ia menyebabkan ketidakjelasan dan kesukaran dalam pemakaian dan penguatkuasaan undang-undang. Justeru, amat penting untuk memahami dengan tepat sesuatu terma yang dimaksudkan dalam perundangan bagi memastikan sejauh mana ekstremnya eksploitasi buruh atau amalan buruh paksa dalam konteks negara Malaysia

Indigenous Rights and covid-19 – Indigenous Land and Health Under Serious Threat in Brazil

This article analyses the impact of covid-19 on the rights of indigenous peoples, particularly in Brazil. It deals with the current situation of the Brazilian indigenous peoples, the impacts of the pandemic, the rights created on the adoption of protective sanitary measures for indigenous people and land rights in Brazil. Does the Brazilian government comply with international law, with constitutional rights of indigenous peoples in the current covid-19 crisis, particularly with the Brazilian Supreme Court decision on the adoption of protective sanitary measures for indigenous people? With a focus on the 2020 Report of the Special Rapporteur on the Rights of Indigenous Peoples, this paper will identify and examine the gaps in protection of the indigenous peoples rights by reason of the impact of the covid-19 crisis. This paper argues that the crisis is misused as an occasion for land invasions, deforestation, forest fires and the denial of basic indigenous rights. Especially in Brazil, a transformative change, an emergency support for indigenous peoples, and a still stand agreement on logging and extractive industries operating next to indigenous communities are needed. Brazilian ngo statements give guidelines as to how to manage the threats of the present pandemic on indigenous peoples of Brazil. The Inter-American Commission on Human Rights, the United Nations and the International Labour Organisation all offer further relevant suggestions as to how to address the serious impacts in the response to and the aftermath of this crisis.

Effects of Covid-19: Redefining Work from home & Employee Engagement

Started in China’s Wuhan district late last year, the coronavirus outbreak has thrown several unprecedented challenges. As per the estimates of International Labour Organisation (ILO), due to COVID 19, over 25 million people are likely to lose job. As per the report published by Gallup Foundation, (Harter, 2020) remote workers percentage jumped from 31% to 62% which is likely to impact employee engagement. Employee working remotely can become “next new normal”. Gallup research survey found a strong association between remote mode of working and employee engagement. Employees having option of work from home are more likely to be engaged in comparison to the one who do not have such options available. (Webcast, 2020). An engaged employee is considered to be the best brand ambassador of any organisation. Such an employee is always willing and interested to go “an extra mile” and gives his best at work. For the purpose of the study, data from secondary sources such as e-newspaper, articles, blogs, journal articles and research papers, reports from government organisations, company reports, review articles etc. are gathered and compiled there after a critical analysis of the same is done with respective to objective of the study. During lockdown as per the detailed review undertaken, seven parameters abbreviated as “EFFECTS” were found to be the most important and relevant for employees working from home and making them engaged with the high level of motivation and dedication.

How do Vietnamese policies designed to protect the rights of migrant worker need to be changed to enhance their effectiveness?

<p>The thesis focuses on analysing the Vietnam‟s responsibilities as a worker - sending country (sending country) in protecting the rights of its migrant workers in accordance with international conventions adopted by the United Nations and the International Labour Organisation. The conventions used in the thesis to build up the analytical framework are: C097 - Migration for Employment Convention (Revised), 1949 (No. 97), C143 - Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This thesis evaluates the policies of protecting Vietnamese workers working overseas since 1980. Accordingly, it presents an analysis of Vietnam‟s policies on labour migration by putting Vietnam‟s laws in comparison with international conventions. The thesis indicates that although Vietnam has not ratified relevant international conventions to protect the rights of migrant workers, its national policies, legal system and practices have gradually approached these requirements in accordance with the actual situation of the country. In addition to the achievements of the policies, the thesis also pinpoints constraints in the police and the reasons for those constraints through an analysis of the policy implementation process. Thereby, the thesis suggests several implications to improve relevant policies and practices in Vietnam to better protect the rights of its migrant workers.</p>

How do Vietnamese policies designed to protect the rights of migrant worker need to be changed to enhance their effectiveness?

<p>The thesis focuses on analysing the Vietnam‟s responsibilities as a worker - sending country (sending country) in protecting the rights of its migrant workers in accordance with international conventions adopted by the United Nations and the International Labour Organisation. The conventions used in the thesis to build up the analytical framework are: C097 - Migration for Employment Convention (Revised), 1949 (No. 97), C143 - Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This thesis evaluates the policies of protecting Vietnamese workers working overseas since 1980. Accordingly, it presents an analysis of Vietnam‟s policies on labour migration by putting Vietnam‟s laws in comparison with international conventions. The thesis indicates that although Vietnam has not ratified relevant international conventions to protect the rights of migrant workers, its national policies, legal system and practices have gradually approached these requirements in accordance with the actual situation of the country. In addition to the achievements of the policies, the thesis also pinpoints constraints in the police and the reasons for those constraints through an analysis of the policy implementation process. Thereby, the thesis suggests several implications to improve relevant policies and practices in Vietnam to better protect the rights of its migrant workers.</p>

Swimming with or Against the Tide: Has the International Labour Organisation Been Co-Opted by Neoliberal Hegemony

<p>Work is one, if not the, primary mechanism through which the majority of the world's population experience economic globalisation. Work is intimately connected to matters of human rights, social equality, welfare, and class struggle and it is increasingly determined by activities that occur in the international and transnational levels. Neoliberal globalisation has fundamentally restructured the world of work. It has also undermined the social democratic worldview of the International Labour Organisation (ILO) on which the global governance portfolio for labour most squarely falls. The ILO's current Director General Juan Somavia, in referring to this era of neoliberal hegemony, has said that "the ILO has often been swimming against the tide". This thesis undertakes a thorough examination of Somavia's statement in order to determine the extent to which the neoliberal tide has saturated the organisation and its ideas?</p>

Swimming with or Against the Tide: Has the International Labour Organisation Been Co-Opted by Neoliberal Hegemony

<p>Work is one, if not the, primary mechanism through which the majority of the world's population experience economic globalisation. Work is intimately connected to matters of human rights, social equality, welfare, and class struggle and it is increasingly determined by activities that occur in the international and transnational levels. Neoliberal globalisation has fundamentally restructured the world of work. It has also undermined the social democratic worldview of the International Labour Organisation (ILO) on which the global governance portfolio for labour most squarely falls. The ILO's current Director General Juan Somavia, in referring to this era of neoliberal hegemony, has said that "the ILO has often been swimming against the tide". This thesis undertakes a thorough examination of Somavia's statement in order to determine the extent to which the neoliberal tide has saturated the organisation and its ideas?</p>

Dismissal during Probationary Period of Employment in South Africa: An International Perspective

It is a universally acceptable practice to employ newly hired employees on a probationary period. In general terms the purpose of probation is to give the employer an opportunity to evaluate the employee's performance before confirming the appointment. This in itself seems to be an uncomplicated process; however, the scenario, especially in South Africa, becomes more complicated if an employer wants to terminate an employee's service during the probationary period of employment or terminate the services of an employee at the end of the probationary period. The right to a fair dismissal is well recognised in South African labour law; this right also extends to employees during their probationary period of employment. Convention 158 of the International Labour Organisation (ILO) provides guidelines in respect of the termination of employment, also during the probation period. In this article the ILO's standards with regard to the termination of employment during probation are considered. South Africa was a former colony of the Netherlands and the United Kingdom, in light of this the respective positions on dismissal during the probation period of employment in the Netherlands and the United Kingdom are also analysed. This provided the researcher with an opportunity to determine if South Africa's dismissal regime during the probationary period of employment is in line with some international perspectives and it appears that dismissal during the probationary period of employment in South Africa is out of step with international standards and developments.

Research on the Cooperation Behavior of Chinese SMEs from the Perspective of Suppliers

The COVID-19 disease has caused great damage to global economy, and the global economic downturn has brought challenges to all aspects of business operations.(International Labour Organisation [ILO], 2020) The business risk of enterprises has increased significantly, and the problem managers currently facing has changed from "how to develop faster" to "how to survive " (Bvuma & Marnewick, 2020). In this context, many peer companies in the supply chain have chosen the strategy of diluting competition and enhancing cooperation, hoping to avoid risks by grouping together. It is true that an effective cooperation model can reduce transaction costs between enterprises, improve information utilization, and enhance enterprises' ability to resist risks. However, some scholars also pointed out that cooperation based on purely economic interests is highly vulnerable. A simple cooperation may not necessarily benefit the enterprise, and it may even deteriorate into "Avalanche effect" (Rui et al., 2010). Keywords: Risk Perception; Trust between Organizations; Decision Preference; Cooperation Behavior.