There was a nationwide picket organized by MTUC, the organization that represent all workers in Malaysia, all over the country that saw maybe about 10,000 workers protesting on a Thursday (a working day) from 5.00pm - 6.30pm, and just look at the amount of media coverage that this picket received in the print and electronic media... almost nothing.
MTUC and the 115 civil society organisations from all over the world will not be against this amendment is all was alright - yet again, there is almost no discussion or report in the mainstream media ... that clearly gives the reasons for the various objections... The media, only covers the government view - and its Ministers says(or rather lies) that the amendments are for the good of the workers...when obviously is is for the good of employers - even better for the 'manpower contractors' or 'contractors for labour' or 'labour supply companies' or '(labour) outsourcing agents'.
I say it is time for us to call for S. Subramaniam to resign as Human Resource Minister - we need someone who will honestly and preferentially look into the interest, rights and welfare of workers and their families in Malaysia - not a pro-employer or a pro-labour supplier (or pro-outsourcing agent) kind of person, which Subramaniam has shown himself to be...
"Human Resource" - the word itself is so pro-employer....Maybe, we need a new Ministry for workers and worker welfare...
Appeal to PM Najib to intervene... that has been the call from some quarters - but let us not be naive for this is Malaysia and nothing is done with the blessing and/or approval of the PM. So maybe the call would be for the PM and the BN government to insaf ('repent') and change their position and side with workers and the union... Elections are round the corner - and there will be many promises and even 'actions' - but I will doubt its sincerity. Let us not forget that this BN government has been adamant about pushing this anti-worker anti-union amendment ---- They tabled it in 2010...withdrew it when there was protest...and then shamelessly re-tabled the almost same amendments again in 2011... ***The worker's, their unions and MTUC's main objections is still there as it was in the 2010 Bill - there was total disrespect to workers and the unions.
Let us re-call some of the anti-worker actions/omissions by the BN government
a) Security of Tenure or Job Security - Well, the spirit of the Employment Act and labour laws was for permanent jobs until retirement, retrenchment, retirement or termination by reason of misconduct. Before this 'permanent relationship' was entered into there was the probation period which was 1 - 6 months, and thereafter the employment relationship like a 'marriage' was sealed until retirement do we part. So, in line with this long term...permanent relationships - we have provisions that increase entitlements of workers as time passes (see annual leave, medical leave, etc...) and even when it comes to retrenchment(or lay-off), we see that the law considers the length of employment ...even when it comes to 'retrenchment', it was the 'Last In First Out'(LIFO) principle that was followed. In cases of retrenchment, also an obligation is placed on the employer to try hard to find another job for the employee within the company...
But rather that trying to preserve this 'good thing' for workers, the BN government helped dismantle what was guaranteed protection for workers and their families, and
1- Allowed employers to hire workers on short-term or fixed-duration contracts, and avoid the permanent employment relationships.
2- Allowed companies/employers to get rid of their 'permanent employees' by various different means, all of which were encouraged by the government by their actions/ommissions...
(a) The VSS (Voluntary Separation Scheme) - saw a lot of workers lose permanent jobs - and now only have short-term or fixed-duration employment contracts;
(b) The Outsourcing of Work - well, the banks are a good example - they 'outsourced' their phone/internet banking and even 'check processing', and permanent bank employees with a lot of perks for loans/ etc just lost it - and became employees of some new companies...
b - Allowing new employment relationships to be by way of short-term or fixed-duration contracts.... and not at all insisting on permanent employment relationship. Remember that last year, the BN government have also been talking about depriving workers on these short-term or fixed-duration contracts to pursue claims of wrongful dismissal by employers...The BN government can insist on permanent employment relationship until retirement, and allow only employment through short-term or fixed-duration contracts in very limited situations....even in 'short-term' contracts, insist on employers re-hiring the same worker for the same job/work(or substantially the same work) rather than getting a new worker under a new contract, which employers will try to do to avoid permanent employment relationships by presumption...
c - Right to access justice in cases of wrongful dismissal. Few years ago, when a worker is successful in his claim that he/she was wrongfully dismissed, the court will order 'reinstatement without loss of benefits' or alternatively require the employer to pay the worker all salary (& benefits) from day of wrongful dismissal until day of judgment - which is fair and just. Slowly, siding with the employer ...this was reduced by this and that...and then it was limited to a maximum of 24 months salary...
d - Failure to amend laws to deter employers violating worker rights. If an employer pays you RM600 instead of the agreed RM1,000, and the worker complaints to the Labour Department - and then the trial and the Labour Court, and the court decides in favour of the worker. Guess how much the employer will be ordered to pay the worker - RM400...that is all. Is this fair? Not at all - I propose that it should be 2 or even 3 times..... And, the worker who had to take leave to come to the Labour Department and for the negotiations/trial should also be compensated cost of travel and wages for the days he had to come to access the avenues of justice.... But this BN government is not interested in these kind of pro-justice amendments...
e - Failure to protect workers from employer's actions when they try to access justice. There is also no provision in the Employment Act 1955 that makes it an offence (and/a wrong) for an employer to terminate or discriminate against a worker that lodges a complaint against the employer using the avenues provided by law itself.
f - Minimum wages - well, the government knows that over 30% of workers in Malaysia earns below poverty line wages - but still there is no minimum wage in Malaysia. We have talking about minimum wages only - and the government could have simply set at the poverty line wage....but no they did not for this is a pro-employer government, and worse still, this same government, whilst keeping wages low is also doing things that is increasing the cost of living.
...there are many more...
Short-term or fixed-duration contracts - CONCERNS
** Will a women who is pregnant (say 1 - 5 months) be employed when employment is by way of short-term or fixed duration contracts? I do not think so - so, I wonder why while we increase entitlement to maternity leave and benefits, whether this will even be relevant for most workers now (and in the future) given the current trend is to employ by way of short-term or fixed term contracts. Likewise, increasing retirement age matters not for these workers....and, as a worker gets older and older, I am sure that he/she will find it harder to get a job for preferences will naturally be for younger workers, not just by reason of age but also their familiarity with new technology and gadgets...(more so for the low or medium-skilled jobs).
** Salary rises - well, this is a phenomena in permanent jobs - and it must be as the worker, being a human being also do get married, have kids... and the money he/she needs for themselves, their children and other dependents generally increases with age...But, when employment is by way of 'short-term contracts', the chances are that your salary may not be increasing - it may even be decreasing as generally preferences are for younger workers...Of course, governments cannot insist on the employment of people above 40...or above 50... and that is why Malaysia really need to insist on permanent employment with job security until retirement age...(and oppose the trend/practice of 'short-term or fixed-duration' employment contracts...).
Now, with the new proposed amendments - they want to totally liberate the owner-operator/end-user/principal employer from employment obligations and duties to their workers. How? Simply allowing them to do their business with ultimately few or NO employees of their own - for their many workers will all be employees of this or that labour supplier - the 'contractor for labour'... It will be most happy times for employers - but it will be very very bad for workers and their unions...
As it is, the allowing of employers to employ using 'short-term or fixed-duration contracts' have already caused workers to loose their dignity and rights, be weakened,... If you are on a 9-month contract, would you fight for your rights at your workplace? Would you not try hard to be a 'good, quite, abused...." worker just hoping and praying that after the contract expires - this employer will enter into another contract with you??? In fact, you may not want to even do anything - like even joining the Nov 3 MTUC protest - not because you do not support MTUC but just because you are worried that if you do, you will be 'blacklisted' and will not be offered a new contract of employment....mmm
Do not also forget the stress and the tension that one who is on a short-term or fixed-duration contract faces? Will I get offered another contract.... worse for the last few months? If i do not get another contract to work in this company ...will I get another contract to work in a company in this area/town/State???
Should I get married? Should I buy a house here? Children's school ....all these are major concerns for those with 'short-term or fixed duration' contracts?
When the worker is on a 'short-term or fixed-term contract', the worker is pacified... he is too worried about the job...to be bothered about rights or union....and this gives the power to employers to be able to exploit workers...
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