Friday, July 05, 2013

Delaying entitlement of minimum wages to migrant workers is DISCRIMINATION

On  28/5/2013, just after the 13th General Elections, the new Minister for Human Resources,  Richard Riot Anak Jaem,  cause to be issued  Minimum Wages (Amendment) Order 2013 (P.U.(A) 165  to be gazetted. This Order discriminates against migrant workers, by delaying their entitlement to minimum wages to 31st December 2013. Whilst local workers get pay increases to at least receive minimum wages, migrant workers would not.

This is a violation of universal principle of equal pay for equal work.
It 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.”

It also goes against the Malaysian Federal Constitution, in particular Article 8(1), which guarantees equality to all persons, noting also that this is a guarantee not just to citizens but to all persons, and that certainly includes migrant workers in Malaysia.

Section 60L of the Employment Act 1955, worded in the same spirit of equality, specifically provides redress to migrant workers(foreign employee) if ‘he is being discriminated against in relation to a local employee, by his employer in respect of the terms and conditions of his employment’ , and the same right is also accorded to the local worker.

Minimum Wages (Amendment) Order 2013 enable SMEs(Small Medium Enterprises) and about 40 other companies to delay payment of minimum wages to migrant workers.

Now, medium enterprises, by definition are  businesses having a ‘sales turnover between RM10 million and RM25million OR full time employees between 51 and 150’, and these certainly are not small employers or businesses, and there should be no reason why they cannot pay minimum wages of RM900 to all their workers.

Let us not forget that migrant workers are also affected by the same increase in cost of living. Further, they are also burdened by other financial obligations – many come into Malaysia to work after all incurring debts up to RM5,000-00, money expended to get to Malaysia to work. Migrant workers, also have families, children and other dependents.

It must be pointed out that the Malaysian Trade Union Congress(MTUC),unions and civil society groups have always taken the position of equal treatment for all workers. 

See earlier posts:-

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

82 Groups - MINIMUM WAGES FOR ALL WORKERS, INCLUDING MIGRANT WORKERS - No to Wage Deduction to recover Levy Payable By Employers -

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