Five of the nine foreign workers involved in the collapse of the construction site in Batu Maung, near Bayan Lepas, Penang do not have records of contributions and registration with the Social Security Organisation (PERKESO).
The employer’s failure to register and pay the foreign worker’s contribution clearly violates Section 6 of the Workers’ Social Security Act 1969 (Act 4).
Minister of Human Resources, V Sivakumar, insisted that his side through PERKESO will take legal action against employers who are responsible for employing foreign workers at the logistics warehouse construction project site.
“Failure to register and contribute foreign workers can be prosecuted under Section 94, Act 4 which carries a fine of RM10,000 or two years in prison, or both, if convicted.
“The ministry will not compromise with any employer who neglects to register and pay foreign workers’ contributions, thereby denying them their social protection rights,” he said today (Nov 30).
All foreign workers, including those working as laborers in the construction sector are required to register and contribute to SOCSO, effective fully effective January 1, 2020.
The results of the ministry’s review of four foreign workers, two of whom died and two who were seriously injured in the heartbreaking incident yesterday, were found to have registration records with SOCSO, but no contributions, since being employed between 2020 and July 2023.
However, another foreign worker who died had no record of registration and contributions with PERKESO.
Until now, the ministry through PERKESO is still actively conducting a review with the Malaysian Fire and Rescue Department; The Bangladesh High Commissioner’s Office in Malaysia and related agencies, regarding four more foreign workers who were reported buried under the rubble at the scene of the incident.
Based on statistics as of October 31, Sivakumar said, more than 1.88 million foreign workers are protected through the Work Disaster Protection Scheme in accordance with Act 4, with 4,566 accidents involving foreign workers reported to PERKESO.
“However, the amount of contribution coverage for foreign workers compared to the influx of foreign labor into Malaysia shows that there are still a few employers who fail to comply with the provisions of Act 4,” he said.
