MTUC's disclosed demands not include MAJOR worker issues - MTUC must not just be concerned with existing workers but all workers of the future...Older workers, most of them) already have REGULAR EMPLOYMENT, and their Employer is the owner/operator of the workplace(The Principal)...but many others since about a decade ago do not have this anymore...even some public servants now(penjawat awam)...
* Untuk Bahasa Melayu, laman web ini ada fungsi penterjemahan Google - tukar sahaja Bahasa kepada Bahasa perlu
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Most important for workers is EMPLOYMENT SECURITY - that means
1 - To be employed as a REGULAR employee - this will ensure employment until RETIREMENT AGE - but still can lose job if there is justified retrenchment...or dismissal by reason of serious misconduct or breach of contract.
2 - EMPLOYER must be the owner/operator of the workplace - a employer who has employer obligations to its employee. If no work, an employer can maybe transfer an employee to a different job in the workplace. An employer who owns/operates workplace have money and resources and jobs, so if a worker is to be compensated, it will happen. But, the 'contractor for labour' system is EVIL - they supply their 'employees' to the owners/operators of workplace - hence, these are not the employees of the owner/operator of the workplace, and he/she has no employer obligations to such workers, and such workers, not being employees, cannot even join in-house unions or benefit from Collective Bargaining Agreement, being contract between EMPLOYER and EMPLOYEES(Not include contractor for labour's employees?)
SO, PRIORITY to abolish CONTRACTOR FOR LABOUR SYSTEM, which was started by the past UMNO-BN regime.
Another PRIORITY is to ensure regular employment - no more short-term one year or less contracts, where worker will tend have to go job-hunting again and again...
Malaysian Trade Union Congress, a society whose members are trade unions, is the Malaysian government recognized representative and voice of Malaysian workers. International Labour Organisation also recognizes it as such - the Malaysian workers representative...
We were all excited with recent news reports that highlighted the 'sweeping' labour reforms that they are demanding - all well and good, but the amount of unionized workers(workers that belong to trade unions0 is about 7%, and if we look at the private sector workers, that falls to only about 4.5%.
Are all trade unions in Malaysia members of MTUC? Well, no. Only about 30% of trade unions are MTUCs members.
So, the question is whether workers were really involved in coming of the labour law reforms? Did MTUC meet up with the about 70% non-MTUC member trade unions? Did the MTUC have discussions with non-unionised workers?
What happened to the demand for the 'ABOLITION OF THE CONTRACTOR FOR LABOUR'? Should that not be a key demand, for after all, when the 'contractor for labour' was introduced, it was not only MTUC that opposed it but also the Opposition parties like DAP, PKR and PAS (Of course Parti Bersatu and Amanah were not around).
Let's consider the demands made by MTUC?
Let's consider the demands made by MTUC?
– Raise the minimum salary from RM2,000 a month to RM10,000 for workers to be covered under the Employment Act; - GOOD, because this will extend the legal rights to more workers...BUT for a short-term contract employee, they will still not be able to enjoy annual leave and medical leave based on years of service, they still will not get termination benefits as only workers working more than 12 month are entitled,...
– Maternity leave to be raised from 60 days to 98 days, and paternity leave of 7 days; - Well, this is good but is it paid maternity leave? Of course, again will anyone employ any woman if she may get pregnant especially under short-term contracts, how many workers really enjoy this benefit.
-Both domestic worker and foreign workers to be covered under the Employment Act; - GOOD, long overdue.
– A 15-minute break for every two hours of work, to enable workers to
do light stretching exercises to improve workers health and reduce
medical cost; - OK
-Medical examination, consultation and all treatments to be borne by the employer; - OK but do we not have it already - now SOCSO(PERKESO) also steps in - and this scheme receives contribution from worker and employer - so, are they asking that employer only bears the cost...Details of this demand will be good for further comment.
-Where there are more than 100 employees, the employer is to provide a
child care centre within the vicinity of the company. Alternatively,
pay an allowance of RM 300 as child care subsidy for children aged 7
years and below, up to a maximum of 5 children; - good BUT remember MINIMUM wage is so low - will that prejudice women with children? How many workers earn less than RM1,100, RM2,000 - does MTUC have these statistics?
-The employer is to provide a safe and hygienic room for lactating mothers; - OK
-Increased sick leave of 30 days (currently 15) and 60 days
hospitalisation irrespective of their years of service. The worker can
utilise unused sick leave for hospitalisation in addition to the 60 days
hospitalisation; - OK but is it all paid sick leave?
– A cost of living allowance of RM300 per month; - Well, is it not better to just increase Minimum Wage - but a good demand.
– Termination benefits shall be a minimum of 2 months for every year of service irrespective of the number of years of service; - But remember, the law gives this benefit only to workers who have worked for more than 1 year - so all on short-term contract less than 12 months do not get this - Well, employers many now employ workers using such short-contracts of less than a year - and practice no extension or renewal of contract even if the work still needs a worker - they simply hire a NEW worker
-All muslim workers be granted 30 days paid leave to perform haj; - This looks DISCRIMINATORY - should not a similar leave be granted to workers of other religion to perform their religious obligations. So, will employers avoid this by simply reducing the employment of Muslim workers?
-Housing allowance of RM300 to workers in urban areas or
alternatively to provide subsidy on housing loan interest rates for
those earning less than RM10,000. > Interesting - will it not be better for Employer to shift operations to rural areas to avoid this? Is it duty of employer or should it not be duty of government?
What other things have been missed out?
PROBATION - Is it not time that probation period be restricted to a maximum of 3 months - now, the law does not limit probation, and a worker may still be under probation for years because it is all up to the employer when to end probation and confirm an employee. Probation workers receive less rights that confirmed workers.
PROBATION - There should be no probation for workers employed on short-term contracts less than a year. WHY? If probation allowed, that worker may end up being on probation until his contract ends. Normally no probation for fixed term contract workers but make it clear in Law?
WRONGFUL DISMISSAL - Now employers are using all kinds of 'misconduct' to terminate workers - should this not be LIMITED to misconduct at workplace or closely related to work(absentism, lying about being sick, assaulting employee and supervisors,...) - Not for handing over memorandum to government or 'wakil rakyat', not for actions as union leader including highlighting alleged wrongdoings of employer, etc...)
DUE INQUIRY - Maybe the Law must elaborate on the steps and rights or parties? Including right to be represented by a lawyer and/or union representative and others(maybe even a retired labour officer, etc...).
What about SPEEDY labour court and also Industrial Court procedures - all should be settled not later than 3 months, and until the courts makes final decision for wrongful termination, employer obligated to pay full salary to workers ...
MTUC should publish their full detailed list of DEMANDS in their website - not be not-TRANSPARENT or secretive ....then they can come out and claim glory when government amends laws in favour of workers and unions. When the demands are made TRANSPARENT - it also will mean that other Unions(not members of MTUC) and other workers could also comment and raise matters not yet covered - Would that not be better for workers and trade unions.
What other things have been missed out?
PROBATION - Is it not time that probation period be restricted to a maximum of 3 months - now, the law does not limit probation, and a worker may still be under probation for years because it is all up to the employer when to end probation and confirm an employee. Probation workers receive less rights that confirmed workers.
PROBATION - There should be no probation for workers employed on short-term contracts less than a year. WHY? If probation allowed, that worker may end up being on probation until his contract ends. Normally no probation for fixed term contract workers but make it clear in Law?
WRONGFUL DISMISSAL - Now employers are using all kinds of 'misconduct' to terminate workers - should this not be LIMITED to misconduct at workplace or closely related to work(absentism, lying about being sick, assaulting employee and supervisors,...) - Not for handing over memorandum to government or 'wakil rakyat', not for actions as union leader including highlighting alleged wrongdoings of employer, etc...)
DUE INQUIRY - Maybe the Law must elaborate on the steps and rights or parties? Including right to be represented by a lawyer and/or union representative and others(maybe even a retired labour officer, etc...).
What about SPEEDY labour court and also Industrial Court procedures - all should be settled not later than 3 months, and until the courts makes final decision for wrongful termination, employer obligated to pay full salary to workers ...
MTUC should publish their full detailed list of DEMANDS in their website - not be not-TRANSPARENT or secretive ....then they can come out and claim glory when government amends laws in favour of workers and unions. When the demands are made TRANSPARENT - it also will mean that other Unions(not members of MTUC) and other workers could also comment and raise matters not yet covered - Would that not be better for workers and trade unions.
OVER the years have been making demands through Memorandums, etc BUT sadly all these are not available on MTUC website - ARE THEY MAKING THE RIGHT DEMANDS/ ARE THEY FORGETTING TO MAKE SOME DEMANDS? Are they only concern for members of the MTUC member Unions - but not bothered about other workers?
A LOT OF QUESTIONS - Maybe MTUC, if it is the government-recognized representative of workers, should automatically make all unions their members...OR maybe all workers should be members. MAYBE, MTUC leaders must be elected by all workers in Malaysia - open elections???
OR MTUC MUST CHANGE - have more open dialogue and consultation with workers all over Malaysia, and not just be a discussion amongst 'some leaders' or unions. Do they members of unions who are members of MTUC even know about these demands of MTUC - or did they only read in the news. MTUC really needs to be more in contact with workers - Maybe a Weekly Bulletin in print and also online would help improve communications - maybe, REFERENDUMS should be held amongst workers to see what they want to demand and ask...FIGHT FOR???
Worker and Trade Union rights were suppressed by the British colonial government - UMNO-BN did not remove the 'chains' but continued to further suppress rights...
Do you know that the past UMNO-BN government amended the law to allow employers to DELAY payment for overtime, work on rest days by a month? You work OT and public holidays in January, but the law amended says employers no need to pay it when they pay you your January salary ...they can pay for this OT, work on rest day when they pay your next salary in February? Why is MTUC not asking for this to be repealed - All work in January including OT, work on rest days and public holidays should be paid together with salary for January, as it was happening for so many decades until that bad BN amendment a few years ago?
A LOT OF QUESTIONS - Maybe MTUC, if it is the government-recognized representative of workers, should automatically make all unions their members...OR maybe all workers should be members. MAYBE, MTUC leaders must be elected by all workers in Malaysia - open elections???
OR MTUC MUST CHANGE - have more open dialogue and consultation with workers all over Malaysia, and not just be a discussion amongst 'some leaders' or unions. Do they members of unions who are members of MTUC even know about these demands of MTUC - or did they only read in the news. MTUC really needs to be more in contact with workers - Maybe a Weekly Bulletin in print and also online would help improve communications - maybe, REFERENDUMS should be held amongst workers to see what they want to demand and ask...FIGHT FOR???
Worker and Trade Union rights were suppressed by the British colonial government - UMNO-BN did not remove the 'chains' but continued to further suppress rights...
Do you know that the past UMNO-BN government amended the law to allow employers to DELAY payment for overtime, work on rest days by a month? You work OT and public holidays in January, but the law amended says employers no need to pay it when they pay you your January salary ...they can pay for this OT, work on rest day when they pay your next salary in February? Why is MTUC not asking for this to be repealed - All work in January including OT, work on rest days and public holidays should be paid together with salary for January, as it was happening for so many decades until that bad BN amendment a few years ago?
MTUC wants respect and care for Malaysian workers in labour law reform.
A COST of living allowance (COLA) of RM300, 98 days’ maternity leave,
7 days’ paternity leave, 30 days paid leave for Muslim workers to
perform the haj and housing allowances based on the cities are among the
sweeping labour reforms sought by the Malaysian Trades Union Congress
(MTUC).
These are among the proposals the labour centre has submitted to the
Government which is in the process of reviewing three key labour laws as
promised by Pakatan Harapan in the GE 14 election manifesto.
In what it terms as a bid to bring dignity to the Malaysian workforce
which it claims has not been given the rightful recognition, the MTUC
has asked the National Labour Action Council to ensure the government
and employers give utmost importance to job security as well as decent
work.
MTUC secretary-general J. Solomon said labour laws in Malaysia have
become archaic since most of these were promulgated in the fifties and
sixties.
“The environment has changed over the years, and there is far greater
recognition about human dignity, human values, worker rights. It is
long overdue for a comprehensive overhaul of various labour laws.
“We thank the human resources minister who has initiated the labour
law reform under the new government which MTUC has been championing
since 1970s,” he said in a statement.
The proposals include:
– Raise the minimum salary from RM2,000 a month to RM10,000 for workers to be covered under the Employment Act;
– Maternity leave to be raised from 60 days to 98 days, and paternity leave of 7 days;
-Both domestic worker and foreign workers to be covered under the Employment Act;
– A 15-minute break for every two hours of work, to enable workers to
do light stretching exercises to improve workers health and reduce
medical cost;
-Medical examination, consultation and all treatments to be borne by the employer;
-Where there are more than 100 employees, the employer is to provide a
child care centre within the vicinity of the company. Alternatively,
pay an allowance of RM 300 as child care subsidy for children aged 7
years and below, up to a maximum of 5 children;
-The employer is to provide a safe and hygienic room for lactating mothers;
-Increased sick leave of 30 days (currently 15) and 60 days
hospitalisation irrespective of their years of service. The worker can
utilise unused sick leave for hospitalisation in addition to the 60 days
hospitalisation;
– A cost of living allowance of RM300 per month;
– Termination benefits shall be a minimum of 2 months for every year of service irrespective of the number of years of service;
-All muslim workers be granted 30 days paid leave to perform haj;
-Housing allowance of RM300 to workers in urban areas or
alternatively to provide subsidy on housing loan interest rates for
those earning less than RM10,000.
The three laws that will be reviewed are the Employment Act, Industrial Relations Act and Trade Union Act.
On union membership, which stands at only about 6% of the workforce
today, MTUC has proposed that it be mandatory for every worker to join a
union as every worker has a right to be represented by the union in
employment issues.
Solomon said Malaysia’s aim to achieve a high income nation not only
needed quality workers but also quality employers as the workers’
wellbeing and dignity are important for increased productivity.
“The MTUC is confident that the government and employers will
seriously consider the above proposals. The need to bridge the income
gap cannot be prolonged and all stakeholders need to change their
mindset in sharing the wealth of the nation equitably as every Malaysian
need to contribute towards the progress of the nation.
“Workers too should change their work culture and behaviour in view
of the need for Malaysians to grow and to have a share of the fruits of
the high income nation,” Solomon said.
He urged Malaysian workers to put all differences aside and be united to pursue this cause for the better future of our family.
“We have waited for 60 years to see this labour law reform, let’s do
it together and none should disrupt this golden opportunity that we
strongly believe will realise our dream,” he said. – June 9, 2019.
* J. Solomon is Malaysia Trade Union Congress secretary-general.
Source : https://www.themalaysianinsight.com/s/159950
Source : MTUC Website
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