Khalid Atan, being the President of the Malaysian Trade Union Congress(MTUC) should, in my opinion, resign in protest of the failure of the Malaysian government to increase Minimum Wages.It is sad that the workers' representative are still sitting in the NATIONAL WAGES CONSULTATIVE COUNCIL - their doing so, silently, legitimizes the injustice to workers and their families who really should have started earning higher minimum wages latest since 1/1/2015...Being Union leaders, this may be considered 'betrayal' of workers...
Or maybe, they have been compromised - or maybe they want to be 'good friends' with the government...or maybe the 'allowances' they pocket is something they wish not to lose.
Who are the members of the NATIONAL WAGES CONSULTATIVE COUNCIL? Why is it that this information is not provided for in the relevant Ministry, being the Ministry of Human Resources Website?
In fact, best if there is a dedicated website for the National Wages Consultative Council? There should be information about the role of this council - as well as reports, including also a place where people could forward information of employers not complying with the Minimum Wages Orders...[It is true that all the Orders and Amendment Orders are on the MOHR Website - but this is not enough]
Section 4 provides:-
Hence, public accessibility is essential - and members of the public should have direct access to this Council to provide the necessary feedback, etc..The functions of the Council shall be-
(a) to advise the Government on all matters relating to minimum wages, including its development at the international level;(2) The Council shall have the power to do all things expedient or reasonably necessary for or incidental to the performance of its functions.
(b) to make recommendations to the Government on the minimum wages rates and coverage according to sectors, types of employment and regional areas, and other matters relating to minimum wages and wages;
(c) to consult the public on the minimum wages rates and coverage;
(d) to collect and analyse data and information and to conduct research on wages and the socioeconomic indicators;
(e) to coordinate and supervise, and to evaluate the impact of, the implementation of minimum wages;
(f) to review the minimum wages order;
(g) to deliberate on all matters relating to minimum wages;
(h) to disseminate information and analysis on wages; and
(i) to carry out any other functions as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.
A Bernama Report (carried by Borneo Post Online on 29/9/2011)
Following is the full list of the members of the council:
Chairman: Tan Sri Datuk Amar Steve Shim Lip Kiong
Deputy Chairman:
Datuk Dr Syed Mohamad Syed Abdul Kadir (non-executive senior director, CIMB Bank Berhad and former secretary-general, Human Resource Ministry)
Government (Five members):
Dr Sundaran Annamalai (Finance Ministry);
Dr Mohd Gazali Abas (Economic Planning Unit);
Datuk Mat Aron Deraman (Public Service Department);
G Alagasan (International Trade and Industry Ministry)
Mohd Sahar Darusman (Human Resource Ministry)
Workers’ Representatives (Six members):
Mohd
Khalid Atan (MTUC – Timber Employees Union);
Abdul Halim Mansor (MTUC secretary-general – National Union of Petroleum and Chemical Industry Workers);
G Rajasekaran (Metal Industries Employees Union);
Andrew Lo Kian Nyan (MTUC Sarawak secretary);
Catherine Jikunan (MTUC Sabah secretary)
A Navamukundan (National Union of Plantation Workers).
Abdul Halim Mansor (MTUC secretary-general – National Union of Petroleum and Chemical Industry Workers);
G Rajasekaran (Metal Industries Employees Union);
Andrew Lo Kian Nyan (MTUC Sarawak secretary);
Catherine Jikunan (MTUC Sabah secretary)
A Navamukundan (National Union of Plantation Workers).
Employers’ representatives (six members):
Datuk Azman Shah Datuk Seri Haron (Malaysian Employers Federation (MEF) president);
Tan Sri Dr Mohd Noor Ismail (Malayan Agricultural Producers Association president);
Shamsuddin Bardan (MEF executive director),
Dato Henry Lau Lee Kong (Sarawak Timber Association secretary-general),
Alan Khoo Choom Kwong (Sabah Employers Consultative Association chairman);
sixth member yet to be named.
Other members:
Tan Sri Prof Emeritus Anuwar Ali (president/vice-chancellor Open University of Malaysia);
Tan Sri Datuk Mustafa Mansur (board member, Malaysian Productivity Corporation);
Datuk Marimuthu Nadason (president Fomca/Malaysian Association of Standards Users);
Dr Zakariah Abdul Rashid (executive director, Malaysian Institute of Economic Research);
Chung Hon Cheong (Independent non-executive director, Tenaga Nasional Berhad/special advisor to Johor Corporation (JCorp).
Secretary: Kua Abun (Secretary, Policy Division, Human Resource Ministry). — Bernama
Now, section 8(1) of the National Wages Consultative Council Act 2011 states, "(1) The members of the Council shall hold office for a term not exceeding three years and may be reappointed."
The Minister, however, seems to have the power to revoke the appointment [sec.10(1) - "The Minister may, at any time, revoke the appointment of a member of the Council."]
And members of the Council can resign...[Sec. 10(2) - 'A member of the Council may resign from office by giving thirty days' written notice to the Minister."]
3 years have certainly passed - so the question is as to who now sits in the National Wages Consultative Council.
Allegedly, the workers' representatives in the Council now are:-
3 years have certainly passed - so the question is as to who now sits in the National Wages Consultative Council.
Allegedly, the workers' representatives in the Council now are:-
Mohd
Khalid Atan (MTUC President – Timber Employees Union, )
A. Balasubramaniam (MTUC Deputy Secretary General, Union of Employees of Port Ancillary Services Suppliers (UNEPASS))
Andrew Lo Kian Nyan (MTUC Sarawak secretary);
Catherine Jikunan (MTUC Sabah secretary)
A Navamukundan (National Union of Plantation Workers).
A. Balasubramaniam (MTUC Deputy Secretary General, Union of Employees of Port Ancillary Services Suppliers (UNEPASS))
Andrew Lo Kian Nyan (MTUC Sarawak secretary);
Catherine Jikunan (MTUC Sabah secretary)
A Navamukundan (National Union of Plantation Workers).
Now, according to law, section 25,
It is clear that the Council can conduct the review on their own accord - without waiting for any direction of the Government. So, did they do so - or are they just waiting for the government's direction?
For the purposes of conducting a review, section 21 says:-
Hence, did the Council conduct public consultations - were the workers and their families consulted? Was there an online avenue for consultation? Or is it only the employers that were consulted? It is certainly insufficient to consult just MTUC, some Unions, NGOs - we need public consultation.
Or have the Council just failed in their legal duty to do the review - well, nothing in the media or online on the MOHR website, and as such, could we say that the NATIONAL WAGES CONSULTATIVE COUNCIL failed in its duties?
Well, the law says that the Government can
Malaysia deserves to know what happened....
There is just too much power in the hands of the government, and we see that even the poorest of workers, the minimum-waged worker is not a priority - it is absurd that workers still have to continue earning the same minimum wage since 1/1/2013 (almost 2 years and 7 months ago)...
It is sad that the workers' representative are still sitting in the NATIONAL WAGES CONSULTATIVE COUNCIL - their doing so, silently, legitimizes the injustice to workers and their families who really should have started earning higher minimum wages latest since 1/1/2015...Being Union leaders, this may be considered 'betrayal' of workers...
Or maybe, they have been compromised - or maybe they want to be 'good friends' with the government...or maybe the 'allowances' they pocket is something they wish not to lose - how much is this allowance really? Do the workers' representatives keep it for themselves, or do they give it to their unions? or MTUC? - for after all, many of these persons are already full-timers being paid by their unions and/or MTUC...
The Council has a mandatory duty to review the minimum wages order at least once every 2 years - note the last order was the Minimum Wages Order 2012 (P.U. (A) 214) was made on 16 July 2012
(1) The Council shall, at least once in every two years, review the minimum wages order.
(2) Notwithstanding subsection (1), the Council may, on its own accord or upon the direction of the Government, review the minimum wages order.
It is clear that the Council can conduct the review on their own accord - without waiting for any direction of the Government. So, did they do so - or are they just waiting for the government's direction?
For the purposes of conducting a review, section 21 says:-
Section 22(1) states:-Before any recommendation is made under section 22, the Council shall take the following actions-
(a) have consultation with the public on the minimum wages rates and coverage in such manner as the Minister may determine; and
(b) collect and analyse data and information and conduct research on wages and the socioeconomic indicators.
(1) Based on the actions taken under section 21, the Council shall, at such time as the Minister may determine, make a recommendation to the Government through the Minister on the following matters:
(a) the minimum wages rates;
(b) the coverage of the recommended minimum wages rates according to sectors, types of employment and regional areas;
(c) the non-application of the recommended minimum wages rates and coverage to any sectors, types of employment and regional areas or to any person or class of persons;
(d) the commencement of the minimum wages order and the different dates for the commencement of the minimum wages order to different sectors, types of employment and regional areas, or to different persons or class of persons; and
(e) other matters relating to the minimum wages, including the implementation of the recommended minimum wages rates and coverage.
Hence, did the Council conduct public consultations - were the workers and their families consulted? Was there an online avenue for consultation? Or is it only the employers that were consulted? It is certainly insufficient to consult just MTUC, some Unions, NGOs - we need public consultation.
Or have the Council just failed in their legal duty to do the review - well, nothing in the media or online on the MOHR website, and as such, could we say that the NATIONAL WAGES CONSULTATIVE COUNCIL failed in its duties?
Well, the law says that the Government can
Hence, even if the Council had done its review and made its recommendation, the Government has the power to delay matters...22 (2) The Government may, after considering the recommendation-
(a) agree with the recommendation; or
(b) direct the Council to review the recommendation within the period as the Government may determine and make a fresh recommendation.
23 Minimum wages order
(1) Where the Government agrees with the recommendation of the Council under paragraph 22(2)(a) or 22(4)(a) or determines the matters under paragraph 22(4)(b), the Minister shall, by notification in the Gazette, make a minimum wages order on the matters specified in paragraphs 22(1)(a) to (e) as agreed to or determined by the Government.
(2) The Minister may, upon the direction of the Government, by notification in the Gazette, amend or revoke the minimum wages order.
Malaysia deserves to know what happened....
There is just too much power in the hands of the government, and we see that even the poorest of workers, the minimum-waged worker is not a priority - it is absurd that workers still have to continue earning the same minimum wage since 1/1/2013 (almost 2 years and 7 months ago)...
It is sad that the workers' representative are still sitting in the NATIONAL WAGES CONSULTATIVE COUNCIL - their doing so, silently, legitimizes the injustice to workers and their families who really should have started earning higher minimum wages latest since 1/1/2015...Being Union leaders, this may be considered 'betrayal' of workers...
Or maybe, they have been compromised - or maybe they want to be 'good friends' with the government...or maybe the 'allowances' they pocket is something they wish not to lose - how much is this allowance really? Do the workers' representatives keep it for themselves, or do they give it to their unions? or MTUC? - for after all, many of these persons are already full-timers being paid by their unions and/or MTUC...
And members of the Council will be paid an allowance [Sec. 9 - " The members of the Council shall be paid such allowances as the Minister may determine."]
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