ABCDEFGHIJKLMNOPQRSTUVWXYZ
1
2
RAINFOREST ALLIANCE
APPLICABLE LAW ASSESSMENT
RA 2020 STANDARD
3
Certification body:EKOINSPEKT ULUSLARARASI BELGELENDIRME DENETIM GOZETIM TEKNIK KONTROL VE EGITIM HIZMETLERI LTD. STI.For internal use only
4
Country:MalaysiaReviewed by:
5
Date submitted1/31/2023Approved by:
6
Contact person:Mustafa CetinkayaApproved date:
7
8
Instructions
9
The Certification Body (CB) should list applicable local laws for all core requirement of the RA 2020 Standard according to the geographic scope requested (the format should include individual legislations for each country). The following is a brief explanation of how to complete the template:
10
Topic: Include the topic covered in the requirement, for example: Natural Ecosystems, Agrochemicals, etc.
11
Related standard requirement number: Include the number of the specific related requirement, for example: No. 4.5.1
12
National Legislation Reference:
13
Legislation name: Include the name of the national legislation related to the criterion, for example: Labor Code, Decree No. 1441.
14
ILO convention name (if applicable): If there is an applicable ILO convention, indicate the name of that convention and its respective number. e.g. "ILO Convention, Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)" If there are any sector wide agreements or CBAs that might be relevant, feel free to indicate those as well.
15
Title: Include the title within the national legislation that refers to the criterion to be evaluated, for example: Contracts and collective bargaining.
16
Articles to be reviewed: Indicate the # or #s of the articles to be reviewed, with respect to the criterion compliance, for example: Articles 57 to 60.
17
If RA standard goes beyond the national legislation, please indicate on which areas: please perform an analysis of the applicable legislation and where the RA Standard might go beyond the legislation.
18
19
National Legislation Reference
20
TOPICRelated standard requirement numberLegislation NameCBA if applicable ILO convention name (if applicable)TitleArticles to reviewIf RA standard goes beyond the national legislation, please indicate on which areasColumn1
21
Commitment to Sustainable Agriculture1.1.1No lawN/AN/AN/AN/AN/A
22
Compliance with Applicable Laws and Collective Bargaining Agreement1.2.1All applicable laws as per constitution

Industrial Relations Act 1967		Collective Bargaining Agreement may be sector wiseC098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)An Act to promote and maintain industrial harmony and to provide
for the regulation of the relations between employers and workmen
and their trade unions and the prevention and settlement of any
differences or disputes arising from their relationship and generally to
deal with trade disputes and matters arising therefrom.		PART IV COVERS
COLLECTIVE BARGAINING AND COLLECTIVE
AGREEMENTS		N/Ahttps://www.ilo.org/dyn/natlex/docs/ELECTRONIC/48066/99440/F1841123767/MYS48066.pdf
23
Service provider evaluation mechanism1.2.2No LawN/AN/AN/AN/AN/A
24
Subcontractors and suppliers' compliance to certification rules1.2.3No LawN/AN/AN/AN/AN/A
25
Enrolment of member farms1.2.4No LawN/AN/AN/AN/AN/A
26
Registry of group members and
Registry of workers 		1.2.5; 1.2.6No LawN/AN/AN/AN/AN/A
27
Information given through Predominant language to workers1.2.7No LawN/AN/AN/AN/AN/A
28
Sign agreement between both parties (GA and Members)1.2.8No LawN/AN/AN/AN/AN/A
29
Records of last four years1.2.9No LawN/AN/AN/AN/AN/A
30
Up to date Map in the Farm1.2.10/1.2.11No LawN/AN/AN/AN/AN/A
31
Geo location data and Polygon maps1.1.12; 1.2.13No LawN/AN/AN/AN/AN/A
32
Risk Assessment of the Farm1.3.1No LawN/AN/AN/AN/AN/A
33
Management plan based on Risk Assessment1.3.2No LawN/AN/AN/AN/AN/A
34
Services to group members1.3.3; 1.3.4No LawN/AN/AN/AN/AN/A
35
Internal inspection system1.4.1; 1.4.2No LawN/AN/AN/AN/AN/A
36
Internal approval and sanction mechanism1.4.3No LawN/AN/AN/AN/AN/A
37
Self Assessment 1.4.4No LawN/AN/AN/AN/AN/A
38
Grievance Mechanism in the working place1.5.1No lawN/AN/AN/AN/AN/A
39
Gender Equality1.6.1/ 1.6.2National Policy on Women (EPU 2010: 48)
Plan of Action for the Advancement of Women


There is no Act on the subject		N/A


C100 - Equal Remuneration Convention, 1951 (No. 100)		 As given aboveWhole documentshttps://egov4women.unescapsdd.org/country-overviews/malaysia/where-does-malaysia-stand-on-global-rankings-of-commitment-to-gender-equality-ict-development-and#:~:text=2.1%20Gender%20Equality%20in%20Malaysia%20The%20Government%20of,Convention%20No.%20100%2C%20and%20the%20Equal%20Remuneration%20Convention.
40
Yield Estimation 2.1.1No LawN/AN/AN/AN/AN/A
41
Stock calculations2.1.2No LawN/AN/AN/AN/A
42
Segregation and separation of certified and non-certified product2.1.3No LawN/AN/AN/AN/AN/A
43
Process flow map2.1.4No LawN/AN/AN/AN/AN/A
44
Traceability2.1.5No LawN/AN/AN/AN/AN/A
45
No Double selling of RA certified products2.1.6No LawN/AN/AN/AN/AN/A
46
Sales records and documents 2.1.7As per Accounting NormsN/AN/AN/AN/AN/A
47
Conversion factor2.1.8No LawN/AN/AN/AN/AN/A
48
Calibration of equipment2.1.9Weights and Measures ActN/AN/AThis Act is established for the purposes of harmonizing the use of weights and measuring units and ensuring the accuracy of measuring results.Article 59, makes calibration od weights and measures mandatoryN/Ahttps://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0100052
49
Online traceability platform2.2.1; 2.2.2; 2.2.3; 2.2.4No LawN/AN/AN/AN/AN/A
50
Mass Balance2.3.1; 2.3.2; 2.3.3; 2.3.4; 2.3.6 No LawN/AN/AN/AN/AN/A
51
Transfer of Sustainability Differential3.2.1No LawN/AN/AN/AN/AN/A
52
Use of Sustainability Differential3.2.2No LawN/AN/AN/AN/AN/A
53
Ensuring Sustainability Differential received to seller3.2.3No LawN/AN/AN/AN/AN/A
54
Contract between buyer and seller for sustainable differential 3.2.4No LawN/AN/AN/AN/AN/A
55
Time period for payment of sustainability differential3.2.5No LawN/AN/AN/AN/AN/A
56
Quarterly reporting of Sustainability differential in traceability platform3.2.6No LawN/AN/AN/AN/AN/A
57
Payment of minimum prescribed Sustainability Differential 3.2.7No LawN/AN/AN/AN/AN/A
58
Sustainability Investment Plan3.3.1No LawN/AN/AN/AN/AN/A
59
Planting Material for new cultivation4.1.1No LawN/AN/AN/AN/AN/A
60
Basic requirement for new cultivation4.1.2No LawN/AN/AN/AN/AN/A
61
Pruning and renovation of the cultivation4.2.1No LawN/AN/AN/AN/AN/A
62
Genetically Modified Organism do not use for cultivation4.3.1No LawN/AN/AN/AN/AN/A
63
Soil Assessment4.4.1No LawN/AN/AN/AN/AN/A
64
Soil Management 4.4.2No LawN/AN/AN/AN/AN/A
65
Soil test 4.4.3No LawN/AN/AN/AN/AN/A
66
Use of Organic Fertilizer4.4.4No LawN/AN/AN/AN/AN/A
67
IPM Strategy 4.5.1No LawN/AN/AN/AN/AN/A
68
Pest Monitoring4.5.2No LawN/AN/AN/AN/AN/A
69
Usage of Agrochemical4.5.3No LawN/AN/AN/AN/AN/A
70
Training on IPM strategy4.5.4No LawN/AN/AN/AN/AN/A
71
Used Permitted Agrochemical only4.6.1Act 149 PESTICIDES ACT 1974 N/AN/A(1) This Act may be cited as the Pesticides Act 1974 and shall
apply throughout Malaysia.
(2) This Act shall come into operation on a date to be appointed
by the Minister by notification in the Gazette; and the Minister may
appoint different dates for the coming into operation of this Act, or of
different provisions thereof, in different parts of Malaysia.		PART III
CONTROL OF IMPORTATION AND MANUFACTURE OF
PESTICIDES BY REGISTRATION AND PERMIT		N/A
72
Risk mitigation measure for Agrochemical usage4.6.2No LawN/AN/AN/AN/AN/A
73
Use of Personal Protective Equipment (PPEs) by agrochemical handlers 4.6.3ACT 514 OCCUPATIONAL SAFETY AND HEALTH ACT 1994N/AN/AAn Act to make further provisions for securing the safety, health and welfare of persons at work, for
protecting others against risks to safety or health in connection with the activities of persons at work,
to establish the National Council for Occupational Safety and Health, and for matters connected
therewith. 		24. As per General duties of employees at work.(a) to take reasonable care for the safety and health of himself and of other persons who may
be affected by his acts or omissions at work;
(b) to co-operate with his employer or any other person in the discharge of any duty or
requirement imposed on the employer or that other person by this Act or any regulation made
thereunder;
(c) to wear or use at all times any protective equipment or clothing provided by the employer
for the purpose of preventing risks to his safety and health; and
(d) to comply with any instruction or measure on occupational safety and health instituted by
his employer or any other person by or under this Act or any regulation made thereunder. 		N/Ahttps://www.dosh.gov.my/index.php/list-of-documents/acts/23-02-occupational-safety-and-health-act-1994-act-514/file
74
Bathing and changing facilities for agrochemical handlers 4.6.4No LawN/AN/AN/AN/AN/A
75
Agrochemical applied as per the products instructions4.6.5No LawN/AN/AN/AN/A
76
Mechanism for reduced to contamination4.6.6No LawN/AN/AN/AN/AN/A
77
Aerial application of agrochemical4.6.7No LawN/AN/AN/AN/AN/A
78
Records of Pesticide Applications4.6.8No LawN/AN/AN/AN/AN/A
79
Management of empty pesticide containers and expired agrochemical4.6.9No lawN/AN/ADisposal of Municipal solid wasteWhole document
80
Storage of Agrochemical4.6.10/4.6.11No LawN/AN/AN/AN/A
81
Records of Agrochemical stocks4.6.12No LawN/AN/AN/AN/AN/A
82
optimize quality and quantity of product during harvest4.7.1No LawN/AN/AN/AN/A
83
Management commitments, Risk mitigation, Monitoring and Remediation regarding to prevention of child labour, forced labour, discrimination.5.1.1/5.1.2/5.1.3/5.1.4No LawN/AC029 - Forced Labour Convention, 1930 (No. 29)

C100 - Equal Remuneration Convention, 1951 (No. 100)
C138 - Minimum Age Convention, 1973 (No. 138)
C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)		N/AN/A
84
Workers Freedom of Association and Collective bargaining5.2.1
5.2.2
5.2.3

Industrial Relations Act 1967		Collective Bargaining Agreement may be sector wiseC098 - Right to Organise and Collective Bargaining Convention, 1949 (No. 98)An Act to promote and maintain industrial harmony and to provide
for the regulation of the relations between employers and workmen
and their trade unions and the prevention and settlement of any
differences or disputes arising from their relationship and generally to
deal with trade disputes and matters arising therefrom.		PART IV COVERS
COLLECTIVE BARGAINING AND COLLECTIVE
AGREEMENTS		N/A
85
Wages and Contracts5.3.1/5.3.2/5.3.3/5.3.4/5.3.5/5.3.6/5.3.7EMPLOYMENT ACT 1955
N/AN/AThe Act is enacted to provide minimum standards for working conditions, protect workers' rights and interests, strengthen employee-employer relationships and promote social and economic development. Matters not provided for herein shall be governed by other applicable statutes.
The terms and conditions of any agreement between an employer and a worker shall not be below the minimum standards provided herein.		Articles 18 & 19 t deal with wages N/Ahttps://jtksm.mohr.gov.my/images/kluster-warnawarni/akta-borang/akta-peraturan/akta_kerja1955_bi.pdf
86
Elimination or reduction workers' pay and /or benefits 5.3.2No LawN/AC095 - Protection of Wages Convention, 1949 (No. 95)N/AN/AN/A
87
Minimum Wage5.3.3National wage consultative Council Act 2011N/AN/AThis Act provides for fixing of minimum wages by the government through a consultative committee comprising of government, employees, & employersWhole document
88
Equal Pay Equal Work5.3.8 Constitution of MalaysiaN/AN/AN/AArticle 8 (1) All persons are equal before the law and entitled to the equal protection of
the law.
(2) Except as expressly authorized by this Constitution, there shall be no
discrimination against citizens on the ground only of religion, race, descent, place
of birth or gender in any law or in the appointment to any office or employment
under a public authority or in the administration of any law relating to the
acquisition, holding or disposition of property or the establishing or carrying on of
any trade, business, profession, vocation or employment.		https://www.jac.gov.my/spk/images/stories/10_akta/perlembagaan_persekutuan/federal_constitution.pdf
89
Labour providers qualifications5.3.9
5.3.10		No LawN/AN/AN/AN/AN/A
90
Living wage benchmark and wage plan5.4.1
5.4.2
5.4.3		No LawN/AN/AN/AN/AN/A
91
Weekly working hours and rest day5.5.1EMPLOYMENT ACT 1955N/AN/Aas given above at many placesPART XII - REST DAYS, HOURS OF WORK, HOLIDAYS AND OTHER CONDITIONS OF SERVICE
https://www.ilo.org/dyn/natlex/docs/WEBTEXT/48055/66265/E55mys01.htm
92
Overtime5.5.2 EMPLOYMENT ACT 1955
N/AN/AAs aboveArticle 50A stipulates that the Overtime rate should be minimum 1.5 times the normal wageN/AAs above
93
Maternity Benefits5.5.3As aboveN/AN/AAs aboveArticle 37
(a) Every female employee shall be entitled to maternity leave for a period of not less than sixty consecutive days (also referred to in this Part as the eligible period) in respect of each confinement and, subject to this Part, she shall be entitled to receive from her employer a maternity allowance to be calculated or prescribed as provided in subsection (2) in respect of the eligible period.		National legislation requires maternity leave for 60 days where as RA standard requires at least 84 days As above
94
Facilities for worker's younger children in the working place
5.5.4No LawN/AN/AN/AN/AN/A
95
Health and Safety Risk Assessment5.6.1/5.6.2/5.6.3ACT 514
OCCUPATIONAL SAFETY AND HEALTH ACT 1994
Guidelines on Control of Chemical Hazardous to Health
Guidelines for manual handling at workplace		N/AN/ANAWhole documentsN/A
96
Safe drinking water5.6.4
5.6.5
5.6.6		ACT 139
FACTORIES AND MACHINERY ACT 1967 (REVISED - 1974)		N/AN/AThe Act stipulates the conditions and requirements for the factory.Article 25 b requires that workers should be provided drinking water
97
Toilets and washing facilities5.6.7As aboveN/AN/AAs aboveArticle 22.1(a) every factory shall be kept in a clean state and free from offensive effluvia arising from any
drain, sanitary convenience or other source and shall be cleaned at such times and by such
methods as may be prescribed and these methods may include lime-washing or colour
washing, painting, varnishing, disinfecting or deodorising; 		N/A
98
Information on health services and policies 5.6.8No LawN/AN/AN/AN/AN/A
99
Personal Protective Equipment while working in hazardous work situation5.6.9ACT 514
OCCUPATIONAL SAFETY AND HEALTH ACT 1994

Guidelines on Control of Chemical Hazardous to Health
Guidelines for manual handling at workplace		N/AN/AGuidelines for taking up hazardous worksWhole documentshttps://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=N0060002
100
All working tools in good conditions and safe5.6.10As aboveN/AN/AAs aboveAs aboveN/A