Wednesday, March 27, 2013

Senator Syed Shahir : Malaysia Must Keep Its Promise To Workers Made In July 2012 - Stop Discriminating Workers, Including Migrant Workers

Senator Syed Shahir bin Syed Mohamud advisor to the National Union of   Transport Equipment and Allied Industries Workers. 



All workers in Malaysia must be entitled to receive Minimum Wages, and a delay of this right to migrant workers as stated in the media report entitled ‘SMEs may defer minimum wages for foreign workers until Dec 31’(New Straits Times, 20/3/2013) is unacceptable. The said report referred to a statement from the National Wages Consultative Council. The pronouncement certainly goes against the spirit of the Section 60(L) of Employment Act, 1955 that clearly  against any form of discrimination amongst workers, based on whether one is a local worker or a migrant worker. It also goes against the core principle of the International Labour Organisation (ILO) that is against any form of discrimination in respect of employment, and Article 23(2) of the UN Declaration of Human Rights that clearly states that “Everyone, without any discrimination, has the right to equal pay for equal work.”

The Malaysian government’s earlier declared position was that all workers, including migrant workers (foreign workers) were entitled to minimum wages was correct, but now if this right be delayed it will be wrong, unjust and discriminatory. 

When the Malaysian government decided to transfer the obligation of paying levy from employers to migrant workers, it reversed the policy behind the very introduction of levy, which was to deter employers hiring foreigners rather than local workers, and protect employment opportunities of the local worker. The move to now allow employers who pay migrant workers minimum wages to again deduct wages to recover the levy was strongly criticized by many quarters. 82 groups including the Malaysian Trade Union Congress (MTUC) vide a statement ‘Minimum Wages for All Workers, Including Migrant Workers - No to Wage Deduction to recover Levy Payable by Employers – issued also by me on 5/2/2013. It defeats the very intention of introducing minimum wages, if employers are allowed to remove pre-existing benefits or make new wage deductions.

Vide Minimum Wages Order 2012 dated 16 July 2012, the Malaysian government promised Malaysian workers minimum wages in January 2013, save for workers with employers with 5 or less workers who were to receive minimum wages by July 2013. Then, on 28 December 2012, vide Minimum Wages (Amendment) Order 2012, promises to workers were broken when over 600 listed employers were permitted to pay their workers minimum wages at a later date, being April, July or even October 2013. The latest breach of promise is when employers, categorized as Small Medium Enterprises(SME) were allowed to delay payment of minimum wages to their migrant workers until December 2013.

There really is no justification for allowing medium enterprises that is defined as businesses having a ‘sales turnover between RM10 million and RM25million OR full time employees between 51 and 150’, that also falls within the definition of SMEs any delay in paying their workers, including migrant workers, minimum wages as of January 2013. 

Further, it must be pointed out that there is still no Order issued by the Minister that has been gazette, and as such these SMEs still have to pay all their workers, including migrant workers minimum wages from January unless they are employers given special exemption vide the 28th December Order, or they are employers with 5 or less employees. 

If workers were already entitled to receive minimum wages in January 2013, it would be wrong to try and extinguish that right by some later gazetted Order. Even if there be such an Order, which would be blatantly unjust, employers must still pay the minimum wages from January 2013 until such an Order comes into being.

In the New Straits Times Report, the National Wages Consultative Council(NWCC) was reported saying that employers ‘…would be given blanket approval for deductions of levy and cost of accommodation..’, which are matters that are not only beyond the mandate of the NWCC but are also settled by law. Permissible wage deductions are explicitly stated, and as an example, for deductions like cost of accommodation, the legal requirement is that there must be a request in writing by the individual employee, and thereafter a special permission of the Director General of Human Resources. If the worker disagrees or do not make such a request, there can be no such wage deduction.

After a migrant worker has agreed to come to Malaysia and work usually for about 5 years, and/or is already here working here, it is very wrong and unjust to suddenly impose additional and new liabilities on the migrant worker especially when it affects income. Any new liabilities should be imposed only on migrant workers yet to have agreed to come to work in Malaysia.

I call on the Malaysian government, whose 2012 Merdeka Day slogan was ‘Janji DiTepati’ (Promises Kept) to adhere to its promises made to all workers, including migrant workers in Malaysia and ensure that the promised minimum wages are received at the time as promised on 16th July 2012. Malaysians believe in justice and equality, and there should be no discrimination of workers by the government. All workers, including migrant workers must be treated equally especially when it comes to wages – including minimum wages.  

Shah Alam, Selangor; 26th March, 2013.

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