Friday, March 29, 2013

HR MInister S. Subramaniam, Short-term contract employees already covered by SOCSO

Really, this Minister must read the law first before embarrassing Malaysia and Malaysians.

Well, short term-contract employees are already covered by SOCSO - only not covered are 'casual employees and that too those employed ...just see the words of the act, and note the word is used is AND not or, so both conditions need to be fulfilled before this employee is not covered by SOCSO - "Any person whose employment is of casual nature and who is employed otherwise than for the purposes of the employer's industry

Of course employees when they start are earning RM3,000 or more is not covered.

Now, it is the BN government who made this law...

Now, the Minister must know for sure that he, the Prime Minister and the Government is also bound by the laws in Malaysia - and until laws are actually amended by Parliament - nothing can be done. 

NOW, are you telling Malaysians that the Malaysian government as employer has been denying sivil servants on short-term contracts social security protection, Mr Minister?

I believe that SOCSO should be covering all workers, including the self employed, and all workers should have the right and the opportunity to join the scheme even on their own...It should cover every one including all casual workers, and even those who start employment with a salary of above RM3,000. Of course, benefits of the those earning more than say, RM5,000 should be adjusted - i.e. a ceiling on mamaximum benefits payable.. 

'TEMPORARY CIVIL SERVANTS' - well this are really short term contract employees - maybe their term is really short compared to other contract employess.  

63,000? ...but did not the PM recently say 50,000 short-term contract civil servants - so who really is right? HR Minister or PM? 

The call was to convert all short-term employment contracts into regular employment until retirement age. But NO, what BN is promising is that their contracts would be extended for just ONE year... so after that they may lose their employment, is that it.

All Malaysian workers want employment security - but alas Malaysian government has just taken away that right allowing employers to employ workers on short-term employment contracts - and there is no restrictions as to the percentage of employees one can employ vide such precarious employment contracts... Now, Malaysia have allowed employers(principals and owner/operator of factories, plantations and workplaces) to totally avoid employment relationship. You may be working is Kilang ILOVRPM but I am not an employee - I am just a worker.


Dr Subra: 63,000 contract, temporary civil servants to get Socso benefits

PUTRAJAYA: About 63,000 contract and temporary civil servants, who are not contributors, will enjoy various benefits provided under the Social Security Organisation (Socso) Protection Scheme effective May 1.

The government would spend RM30mil annually as a contribution to Socso for the expansion of the scheme, said Human Resources Minister Datuk Seri Dr S. Subramaniam on Thursday.

It covers those serving in the federal/state civil service, federal/state statutory bodies and local authorities.

He said they would enjoy all benefits under the Employment Injury Insurance Scheme and Invalidity Pension Scheme similar to those enjoyed by private sector employees.

“The Cabinet made the decision last week. As such, all the workers concerned will automatically be registered under Socso.

“Socso will also contact the relevant departments and agencies to carry out the registration,” he said.

He added that the Employment Injury Insurance Scheme would protect those who suffered from accidents arising from work, involved in an accident while on their way to work and home as well as occupational diseases.

The Invalidity Pension Scheme, he said provided a 24 hours coverage for workers from invalidity or dies irrespective of the cause of death.- Star, 28/3/2013, Dr Subra: 63,000 contract, temporary civil servants to get Socso benefits


Section 2
(5) Subject to section 3, "employee" means any person who is employed for wages under a contract of service or apprenticeship with an employer, whether the contract is expressed or implied or is oral or in writing, on or in connection with the work of an industry to which this Act applies and -
(i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the industry, whether such work is done by the employee on the premises of the industry or elsewhere; or
(ii) who is employed by or through an immediate employer on the premises of the industry or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the industry or which is preliminary to the work carried on in or incidental to the purpose of the industry; or
(iii) whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service;

 Section 3 - Applicability
(1) This Act shall apply to all industries having one or more employees.

(2) In this section, "employees" include any employee employed by the immediate employer.

(3) This Act shall not apply to persons described in the First Schedule.

(4) The Minister may, by order published in the Gazette, amend the First Schedule.

And the First Schedule is as follows:-

[Section 3]
(1) Any person whose wages exceed three thousand ringgit a month:
Provided that where after an employee has become liable to pay contributions as provided in section 6 of this Act, the wages of such employee at any time exceed three thousand ringgit a month such employee shall not by reason only of this paragraph be deemed to have become excluded from the provisions of this Act, but his wages shall for all the purposes of this Act be deemed to be three thousand ringgit a month:
And provided further that in any other case where a person, whose wages exceed three thousand ringgit a month, and his employer elect to pay any contribution in accordance with this Act then such person shall be deemed to be an employee under this Act.
(2) Any person whose employment is of casual nature and who is employed otherwise than for the purposes of the employer's industry.
(3) A domestic servant, that is, a person employed exclusively in the work or in connection with work of a private dwelling house and not of any trade, business or profession carried on by the employer in such dwelling house and includes a cook, house servant (including bedroom and kitchen servants), waiter, butler, child's or baby's nurse, valet, footman, gardener, washerman or washerwoman, watchman, groom and driver or cleaner of any vehicle licensed for private use.
(4) A tributer, that is, a person who is permitted to win minerals or produce of any kind from or on the land of another and who, in consideration of such permission, gives a proportion of the minerals or produce so won to that other person or pays to him the value of such proportion.
(5) The spouse of the principal employer or the immediate employer.
(6) Any member of the Malaysian Armed Forces or of any Local Forces established under any written law or of any Visiting Force lawfully present in Malaysia under any written law relating to Visiting Forces.
(7) Any police officer, and any other person engaged to perform police duties in accordance with the provisions of any written law while so performing such duties.
(8) Any person detained in any prison, Henry Gurney School, approved school, detention camp, mental hospital, or leper settlement.
(9) (Deleted by Act A814:s.43)
(10) (Deleted by Act A814:s.43)
(11) (Deleted by Act A814:s.43)
(12) In so far as the provisions of this Act relating to invalidity pension are concerned -
(i) an employee who has attained the age of fifty-five years and in respect of whom no contributions were payable before he attained the age of fifty-five years; or

(ii) an employee who has attained the age of sixty years; or

(iii) a certified invalid who is in receipt of invalidity pension.
(13) (Am. Act A1445:s.10)

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