Legal Analysis of the Employment Agreement System for Migrant Workers with Companies in Malaysia to Ensure Rights and Obligations

Abstract

Background - The increasing number of Indonesian migrant workers in Malaysia brings significant challenges
related to unfair treatment and violations of workers' rights, especially concerning unclear and poorly enforced
employment contracts. Many migrant workers face issues such as inadequate wages, poor working conditions,
and neglected rights. Although legal protection regulations exist, their implementation on the ground still falls short
of expectations.
Purpose - This study aims to identify the employment contract system between Indonesian migrant workers and
companies in Malaysia, focusing on the certainty of rights and obligations.
methodology - The research uses a juridical-empirical approach, gathering data through interviews and literature
studies to explore the existing issues.
Findings - The findings show that, while employment contracts are expected to provide protection, weak
oversight and unclear terms often result in many migrant workers not receiving their rights. Strong law
enforcement and more effective monitoring systems are needed to ensure the protection of migrant workers'
rights.
Originality - The study highlights the importance of adjusting employment contracts to be more transparent and
improving oversight to ensure that migrant workers' rights are protected. It emphasizes the need for strengthened
regulations and enhanced bilateral cooperation between the Indonesian and Malaysian governments