The struggle for worker rights managed to win a victory for workers - the 8 hour working day. This means that now the maximum number of hours that any employer make their worker work in a day is 8 hours. Previously, there was a situation where many workers were forced to work more than 8 hours per day - sometimes even 10 - 15 hours per day. Of course, if the employer wants the worker to work longer hours, then the worker must give his/her consent and will be paid overtime rates...
As time passes, in this modern day and age, workers have managed to even get better rights - including the right to work even lesser hours per day, and sometimes even for a lesser number of days - maybe 3-4 days a week.
Rest days - the right that workers managed to win was one(1) rest day per week - but even in Malaysia, things have changed and many workers now enjoy two(2) rest days per week, i.e. they only work 5 days per week.
No such thing as 'full-time employees' anymore...
Now, only slaves and maybe domestic workers work as 'full-time employees' - all other workers works only for 8 hours per day (or less) and as all workers generally are part-time employees - not full time 24 hour 7 days a week employees.
Employees after their working hours are free to do as they please - to participate in all kinds of activities, be it social or economic or political activities, and the employer has literally no say or control over these 'non-working hours' activities of workers.
Many workers do take take on a 2nd job or spend time in a 2nd business activity - but that is the choice and right of the worker - the employer has generally no say about what workers do after work. [Of course, in Malaysia the BN government tries to limit this freedom of public servants/civil servants by saying that they cannot involve themselves in political activities of parties, not currently part of the government, and this is very wrong..]
Employees after their working hours are free to do as they please - to participate in all kinds of activities, be it social or economic or political activities, and the employer has literally no say or control over these 'non-working hours' activities of workers.
Many workers do take take on a 2nd job or spend time in a 2nd business activity - but that is the choice and right of the worker - the employer has generally no say about what workers do after work. [Of course, in Malaysia the BN government tries to limit this freedom of public servants/civil servants by saying that they cannot involve themselves in political activities of parties, not currently part of the government, and this is very wrong..]
If employers want their workers to work extra, i.e. overtime, on rest days or on public holidays, the worker always have a choice to refuse and if they choose to do 'extra-work', then they get extra pay at a rate normally higher than work during normal working hours.
In this modern day and age, many a time workers with the agreement work for lesser hours per day, say 3 hours or even 4 hours per day, for maybe not even 5 days per week but maybe just 2 or 3, whereby the days are usually fixed, i.e. you work on Monday, Wednesday or Friday.
The BN government tried to classify these workers into 'part-time employees' and this is very wrong. The BN government also tried to reduce their minimum worker rights entitlement as provided for in the Employment Act 1955, and now they are going to amend once again the definition of a 'part-time employee' - really not needed. In fact, the whole definition must be repealed.
(f) by substituting for the definition of “part-time employee” the following definition:“part-time employee” means a person included in the First Schedule whose average hours of work per week as agreed between him and his employer are more than thirty per centum but do not exceed seventy per centum of the normal hours of work per week of a full-time employee employed in a similar capacity in the same enterprise;’;
What is the difference with the existing definition, brought in through an earlier amendment of the Employment Act in 2010(or was in 2009)
"part-time employee" means a person included in the First Schedule whose average hours of work as agreed between him and his employer do not exceed seventy per centum of the normal hours of work of a full-time employee employed in a similar capacity in the same enterprise whether the normal hours of work are calculated with reference to a day, a week, or any other period as may be specified by regulations;
The new proposed amendment seem to create a lower limit i.e. 'more than thirty per centum ...of normal hours of work per week". This means workers working less than 2.4 hours per day (or less than 14.4 hours a week) will lose all protection of their worker rights and entitlement as provided by law - for them, no more annual leave, sick leave, public holidays, overtime rates, termination notice, domestic inquiry and maternity leave - this proposed amendment must be opposed.
The new proposed amendment removes with reference to day...or month...or other periods - restricting to only normal hours per week...
Now, when 'part-time employees' were introduced in the Employment Act in 1955, it also vested on the Minister powers to make regulations - but what was WRONG was that it vested too much powers on the Minister, including the powers to reduce the rights and entitlement of a worker as provided by the parent Act. This was very odd - and the Regulation was made, that reduced annual leave, sick leave entitlement, and overtime entitlement of the worker - and, seem to have just not provided for maternity leave at all.
(4A) Notwithstanding the provisions of this Act, the Minister may make regulations-
(a) in respect of the terms and conditions of service of a part-time employee; and
(b) prescribing the manner in which the hours of work of an employee are to be computed for the purposes of determining whether that employee falls within the DEFINITION of a "part time employee".
EMPLOYMENT (PART-TIME EMPLOYEES) REGULATIONS 2010 - which came into effect in September 2010
- reduced overtime entitlement ; when they work more than the agreed hours in a day, they get paid not the standard one and half times the hourly rate of pay - but the same rate of pay for up to 8 hours, and then only one and half times the hourly rate. WHY? Should they not be paid one and half times the hourly rate for any overtime they work over and above the agreed hours of work?
- reduced public holiday entitlement, they get 7 days compared to 10 days that other workers get. This 'part-time worker' may be working 4 hours per day 5 days a week, i.e. the same number of days per week - but why should they get less public holidays? It should be the same entitlement when it comes to public holidays.
- reduced annual leave and sick leave entitlement - again, we ask why?
Examples of "part-time worker" agreements,
A. If a worker and their employer have entered into an employment agreement or a 'contract for service' that the working hours shall be say, from 8.30am to 12.20pm, Monday to Friday - then this a regular employment relationship - same entitlement to annual leave, sick leave, public holidays and maternity leave.
B. If a worker and their employer have entered into an employment agreement or a 'contract for service' that the working hours shall be 4 hours, Monday to Friday - then this is a regular employment relationship - same entitlement to public holidays and maternity leave, and pro-rata entitlement to annual and sick leave where the law can stipulate minimum entitlement.
C. If a worker and their employer have entered into an employment agreement or a 'contract for service' that the working hours shall be 20 hours a week, with no regular working days - then this is a regular employment relationship, - same entitlement to public holidays and maternity leave, and we have to look and see in practice whether there are 'usual number days in the week that the worker comes' - and this would be used as a basis of calculating annual leave and sick leave entitlement.
No comments:
Post a Comment