The said amendments, first tabled in 2010 waswithdrawn after much protest including from MTUC, and then it was re-tabled with substantially the same amendments this year - it is currently fixed for 2nd and 3rd reading..
The danger of this amendment is that it introduces 'contractor for labour' - a 3rd party that will , unlike Private Employment Agencies, will continue to remain employers of the workers that they supply to the principal. Hence, we will no more have a direct employer-worker employment relationship. We will now have Employer - contractor for labour- worker relationship, and the worker will continue to be employees of these 'contractors for labour' even after the worker is supplied to the factory/plantation.
Of course, the unions in the factories/plantations will be weakened - for there will be other workers who are there in the factory, who will not be able to be part of the union... and how many of these not directly employed workers,,,it could be a small percentage or maybe even the majority..
And, this will also lead to discrimination at the workplace for not all workers will be treated the same with regard to wages, benefits and even rights despite the fact that they do the same work.
This amendment reveals again that our BN government is really not for the good and welfare of workers and trade unions... All this is done not just to benefit employers, i.e. by removing their obligations and duties to their workers. The 3rd party labour suppliers really do not have any actual control or supervision of the workplace and working conditions...
We already have these 'contractors for labour' now known as 'outsourcing companies' - and they are already operating 'illegally' and the government rather than acting have not enforced the law.
Why? Well, to get a permit/license to operate as an 'outsourcing agent' is a gold mine - and guess who are getting the licences/permits... Just like those "APs" ...mmm one wonder. What happens is the factory/company pays the 'outsourcing agent'(the contractor for labour) RM60 for a worker per day normal hours, and they pay the worker RM20 and keeps RM40.. - A Labour Toll, is it not and very profitable indeed.
I was worried about the silence of MTUC - but alas they have now taken a strong stand against this propose amendment...
What say the Opposition political parties - let us hope that preparations for the next General Elections may not distract them from taking the correct position regarding these proposed amendments - are they pro-workers pro-unions or just like the BN pro-employer...pro-'outsourcing agents'..
Well, to be fair some companies/employers prefer to have a direct employment relationship with all their workers - and their complaint is that this option has been made difficult especially for migrant workers, and they are 'pushed' towards getting workers from these 'outsourcing agents'..
MTUC warns Oct 3 picket if Putrajaya tables labour law reforms
September 26, 2011
KUALA LUMPUR, Sept 26 — The Malaysian Trades Union Congress (MTUC) has vowed to stage a protest outside Parliament when it starts sitting on October 3 if Putrajaya proceeds with its plan to amend current labour laws.
MTUC secretary-general Abdul Halim Mansor pointed out that Human Resources Minister Datuk Dr S. Subramaniam had ly given his assurance that the amendment Bill would not be tabled in the House without prior discussion with the National Labour Advisory Council (NLAC).
The NLAC comprises representatives from the government, employers and employees.
He told The Malaysian Insider that the decision was reached during MTUC’s general council meeting yesterday.
“If the government really goes ahead with debates on any labour law Bill, especially the Employment (Amendment) Bill 2010, MTUC will picket outside Parliament on the first day of the sitting,” he said.Parliament will reconvene this October 3 and go on until December. The coming session is scheduled to on debates for Budget 2012 but several Bills are also expected to be tabled.
Halim said the MTUC general council has directed its secretariat to contact the ministry and find out if the amendment Bills would be brought to Parliament next month.
“If so, then it violates the minister’s guarantee to MTUC before this. If the Bills are read, MTUC will not hesitate to picket... we want the government to hold a discussion before any amendments are tabled,” he said.
The second reading of the Employment (Amendment) Bill 2010 has been postponed twice before this.Trade union representatives and opposition politicians had decried the proposed amendments, claiming they were drawn up at the behest of multinational corporations and potential investors and deliberately designed to empower employers to employ workers on fixed-term contract for as long as they please.
The MTUC had also highlighted the fact that once the amendments are passed, “employers would be permitted to impose unreasonable working hours, change weekly rest days as they please”, in effect requiring women workers to work at night.
Last October, the ministry withdrew the Bill from the second reading to incorporate several changes and add further amendments but has reportedly refused to furnish further details.
At the time, Dr Subramaniam denied the withdrawal was tied to plans by Parti Sosialis Malaysia (PSM) to picket at seven different locations to protest the amendments.
The Bill was first tabled on July 8 last year and touched on provisions involving sexual harassment at the workplace and the welfare of housekeepers.
It is believed that the laws that are scheduled to be amended include the Employment Act 1955, Industrial Relations Act 1967 and the Trade Union Act 1959.- Malaysian Insider, 26/9/2011, MTUC warns Oct 3 picket if Putrajaya tables labour law reforms