HR Minister can use powers under Section 2A Employment Act 1955 to abolish 'contractor of labour' system - and ensure all workers at any workplace are direct employees of the principal(owner/operator of the workplace) ...
HOW MANY MALAYSIAN WORKERS HAVE NO SECURE EMPLOYMENT? HOW MANY MALAYSIAN WORKERS HAVE NO GUARANTEE OF INCOME INCREASE...OR EVEN THE SAME INCOME....usually because they simply have short-term employment contracts...forcing them yearly to struggle with other applicants to get new employments...? Malaysia can simply pass new laws restricting or abolishing use of 'short-term contracts' save for certain limited exceptions...Ensure that contracts last for so long as the work for which worker was employed lasts...
TELL US now....how many workers in Malaysia are REGULAR employees, how many are short-term/fixed term employees, how many are just supplied workers under the 'Contractor for Labour' system....
? 
Regular employees have got stability - possibility of annual income increases, etc...
Note - we see banners with announcement that loans for homes/home repairs/ etc available for public sector employees only (Why? Because they are generally all REGULAR employees with stable income and employment security...but workers in private sector do not have this stability so money-lenders are afraid to give them loans....).
YES - Malaysians at GE14 finally mustered the courage to VOTE out the previous UMNO-BN government which left the Pakatan Harapan led-government and friends taking over the Federal Government, and all State governments save for Pahang, Perlis and Sarawak...
Exposing the 'secrets' of wrongdoings - taking actions against wrongdoers, recovering our monies, cleaning up the system to make it more efficient, transparent and accountable are all good ...but we want more....especially to improve the well being of Malaysians - so they can Malaysians(and their families) can become financially/economically stable free from having to survive on government/politician's handouts...
WORKERS - they need Stable REGULAR employment until retirement....UMNO-BN allowed the rise of unstable precarious form of employment like 'short-term/fixed-term contract employment, and precarious 'employment arragement' like the Contractor for Labour system). The Opposition(PAS,DAP and PKR) strongly opposed the 'Contractor For Labour' system - but now in power, the new PH-led government has yet to abolish the 'Contractor For Labour' system - WHY? The HR Minister also has not announced that they will do so...ensuring direct employment..by the principal employers of the workplace.
Section 2A Employment Act 1955
(1) The Minister may by order prohibit the employment, engagement or contracting of any person or class of persons to carry out work in any occupation in any agricultural or industrial undertaking, constructional work, statutory body, local government authority, trade, business or place of work other than under a contract of service entered into with-
(a) the principal or owner of that agricultural or industrial undertaking, constructional work, trade, business or place of work; or(2) Upon the coming into force of any such order, the person or class of persons employed, engaged or contracted with to carry out the work shall be deemed to be an employee or employees and-
(b) that statutory body or that authority.
(a) the principal or owner of the agricultural or industrial undertaking, constructional work, trade, business or place of work; orshall be deemed to be the employer for the purposes of such provisions of this Act and any other written law as may be specified in the order.
(b) the statutory body or local government authority,
(3) Notwithstanding subsection (1), the Minister may by order approve the employment of any person or class of persons by such other person or class of persons (not being the principal or owner) as he may specify but subject to such conditions as he may deem fit to impose.
Now the minister can also amend Section 11 of the Employment Act 1955 ....to ensure end of contract ONLY happens when the work is done ...Proposed part that should be deleted is underlined in red...Now even if the work still exist, employers simply let the worker go and hire a NEW worker...so wrong and unjust...(Remember, that even in REGULAR employment, if the work no longer exist requiring the worker, employers can simply resort to RETRENCHMENT...workers that commit serious misconduct could also be dismissed...likewise, even workers that 'do not do the work at even required standard/efficiency...or have slacked'...could likewise be dismissed...
Section 11 - Employment Act 1955
(1) A contract of service for a specified period of time or for the performance of a specified piece of work shall, unless otherwise terminated in accordance with this Part, terminate when the period of time for which such contract was made has expired or when the piece of work specified in such contract has been completed.
(2) A contract of service for an unspecified period of time shall continue in force until terminated in accordance with this Part.
NEW Section 11(1) - Employment Act 1955 maybe should read as follows - (1) A
contract of service for the
performance of a specified piece of work shall, unless otherwise
terminated in accordance with this Part, terminate when the piece of
work specified in such contract has been completed.
Related post
HR Minister - Court Janitors/Cleaners Issue? Make them regular employees of government?
Nampaknya kerajaan PH tidak prihatin terhadap pekerja sama saperti UMNO-BN? Majikan tempat kerja harus satu-satu majikan semua pekerja yang kerja di tempat kerja?
Abolish 'Contractor for Labour System' That is Weakening Unions and Workers Capacity to Protect Rights?
93 Groups:- Abolish the ‘Contractor for Labour’ system Withdraw the 2012 amendments to Employment Act 1955.
93 - Mansuhkan Sistem ‘Contractor for Labour’ Tarikbalik pindaan 2012 kepada Akta Kerja 1955.
GOVERNMENT SCHOOLS, OFFICES, COURTS WILL NEED CLEANERS AND SECURITY PERSONAL ALL THE TIME UNTIL THE SAID SCHOOL, OFFICE AND/OR COURTS CLOSE DOWN - SO, WHY ARE THESE WORKERS ON SHORT-TERM/FIXED TERM CONTRACTS?
REMEMBER FIXED TERM/SHORT TERM CONTRACTS ARE A MEANS TO 'EXPLOIT' WORKERS - TO SUBJUGATE THEIR ABILITY AND RIGHTS TO HIGHLIGHT EXPLOITATION OR THE ABILITY TO DEMAND BETTER RIGHTS AND WORKING CONDITIONS...SO, IS THE NEW PH-LED GOVERNMENT GOING TO ALLOW THIS TO CONTINUE...IT WILL BE AN INDICATION THAT THE THEY TOO ARE NOT BOTHERED ABOUT ORDINARY MALAYSIAN WORKERS...AND/OR THEIR FAMILIES.
IF THE NEW GOVERNMENT IS CONCERNED - THEN INSIST THAT THEY SHOULD BE REGULAR EMPLOYEES...BETTER STILL OF THE GOVERNMENT/COURTS DIRECTLY - AND THIS WILL GUARANTEE EMPLOYMENT SECURITY, THE ABILITY FOR STEADY INCOME AND POSSIBLE INCREMENTS ANNUALLY...ALL THE BETTER FOR WORKERS AND THEIR FAMILIES...
PSM claims 50k gov't hospital cleaners exploited by fixed-term contract
About 50,000 cleaners of the government hospitals and clinics
nationwide are at risk of being exploited and having their rights denied
due to the fixed-term contract system which does not guarantee job
security, according to Parti Sosialis Malaysia (PSM).
Party deputy chairperson M Sarasvathy revealed that contracts of the
cleaning service for the hospital have been given to five concessionaire
companies, where four of them are under UEM Group Bhd, UEM Edgenta
Group, as well as Khazanah Nasional Bhd.
"These companies outsource the cleaning services to sub-contractors
for two years. This causes the sub-contractors to offer a work contract
for periods of six months, a year and two years to the workers.
"It is clear that the nature of the job is a permanent employment but
the concessionaire companies have 'dressed up' the job as a seasonal
job," she said in a press conference at the PSM office in Brickfields,
Kuala Lumpur, today.
As a result, Sarasvathy said, when the employer changes every two
years, the workers are denied from their employment rights such as
yearly bonus, annual leave, salary increment, employee's termination
layoff benefits - and they cannot apply for loans as they are contract
workers.
"Each time they get a new employer, they are considered as new
workers. There are cleaners who have worked for more than 20 years and
their salaries are stuck at RM1,000 and they have been given only
eight-day annual leaves.
"They cannot apply for housing, car and personal loans to fund their
children's education," she said, describing what these workers are going
through as "modern slavery".
PSM urged the Pakatan Harapan government, government-linked companies
(GLCs) and government-linked investment companies (GLICs) to
immediately abolish the fixed-term contract system in the support
service sector of the government hospitals and make the cleaners as
permanent employees, directly under the principal employer.
Sarasvathy said the government must ensure that fixed-term contracts
under Section 11 of the Employment Act 1955 are not abused by certain
parties. - Malaysiakini, 9/8/2018
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