Workers' Minimum Standard of Housing and Amenities (Amendment) Bill 2019 was a law specific to plantation workers - it provided the worker with a house for him/her and family/dependents ...including also 250 square feet of land, for them to plant vegetables, rear chicken, etc...
CONCERNS ABOUT THE AMENDMENT - Not FREE (rate of rent not stated), NO place for Family, 'DISCIPLINE"
Now, the Pakatan Harapan government wants to amend this law to cover OTHER workers - which is good - BUT it not FREE anymore.... 'an employer may collect from an employee any sum for rent or charge in respect of any accommodation provided by the employer or any centralized accommodation' and this will be by way of 'wage deductions' > So, how much RENT or charge for accomodation? 50% of salary? - Well, should it not be FREE or at the very least not be more than 10-20% of the Salary? [See proposed new Section 24G]
No Place for Family? - "...Nothing in this Part shall render an employer obligated to provide accommodation for the dependents of an employee who is provided with accommodation..' (new proposed Section 24N) - Is it the new government's values? Worker accommodation must be for worker and, of course family/dependents - if not, what? Worker has to get another home for family outside? Even for migrant workers, there must be space to when their family members visit at the very least...don't you think?
DISCIPLINE - "to ensure that employees comply with the disciplinary rules as may be determined by the employer..."(new proposed section 24L) - This is worrisome? Are workers young students? So can the employer now have RULES to restrict movement of workers? ...Restrict visitors? ...Determine sleeping time?...Etc. 'No meeting with workers? No meeting with Unions - for the purpose of organizing, encouraging workers to join/form Unions, etc ...{As it is, workers cannot discuss 'Unions' during working hours - now, employers seem to be handed the power to control the accommodation area or 'free hours' of workers.
The proposed amendment of the ACT fails to state clearly whether the worker will get a house or a room - or will simply be forced to stay in a room/house with many other workers ...Even it is for bachelor workers, they should at the very least have a private room for themselves - no more living like sardines. Should they also not have the right to choose who they stay with...The are not students or 'college students' where they are allocated room-mates or housemates as the school/college/university decides?
IS this housing, if provided by EMPLOYER or "centralized accommodation provider', a CHOICE for the worker? ...which means that a worker can CHOOSE to stay in accommodations provided or alternative choose his own accommodation elsewhere? OR, no choice ...WORKERS must stay where employer decide....? Wonder whether the amendments are for the good of Workers or simply to help out Employers and these 'centralized accommodation provider'?
Remember Penang government is building a worker 'accomodation' comples - which would isolate or separate migrant workers from Malaysian communities .. Penang's 'American Indian Reservation' like policy for Migrant Workers? Anti-Human Rights?
Estate workers - A right to free house(for themselves, their families/dependents), and also land for some farming/chicken rearing PLUS nurseries, etc...BUT the amendments for other places of employment say PAY through wage deductions, power for employers to make rules & Discipline, ...and no mention at all about what kind of accomodation entitlement at all? And no place for families, etc
Estate workers themselves lose out when the replace the word 'workers' with 'employees"..
CONCERNS ABOUT THE AMENDMENT - Not FREE (rate of rent not stated), NO place for Family, 'DISCIPLINE"
Now, the Pakatan Harapan government wants to amend this law to cover OTHER workers - which is good - BUT it not FREE anymore.... 'an employer may collect from an employee any sum for rent or charge in respect of any accommodation provided by the employer or any centralized accommodation' and this will be by way of 'wage deductions' > So, how much RENT or charge for accomodation? 50% of salary? - Well, should it not be FREE or at the very least not be more than 10-20% of the Salary? [See proposed new Section 24G]
No Place for Family? - "...Nothing in this Part shall render an employer obligated to provide accommodation for the dependents of an employee who is provided with accommodation..' (new proposed Section 24N) - Is it the new government's values? Worker accommodation must be for worker and, of course family/dependents - if not, what? Worker has to get another home for family outside? Even for migrant workers, there must be space to when their family members visit at the very least...don't you think?
DISCIPLINE - "to ensure that employees comply with the disciplinary rules as may be determined by the employer..."(new proposed section 24L) - This is worrisome? Are workers young students? So can the employer now have RULES to restrict movement of workers? ...Restrict visitors? ...Determine sleeping time?...Etc. 'No meeting with workers? No meeting with Unions - for the purpose of organizing, encouraging workers to join/form Unions, etc ...{As it is, workers cannot discuss 'Unions' during working hours - now, employers seem to be handed the power to control the accommodation area or 'free hours' of workers.
The proposed amendment of the ACT fails to state clearly whether the worker will get a house or a room - or will simply be forced to stay in a room/house with many other workers ...Even it is for bachelor workers, they should at the very least have a private room for themselves - no more living like sardines. Should they also not have the right to choose who they stay with...The are not students or 'college students' where they are allocated room-mates or housemates as the school/college/university decides?
IS this housing, if provided by EMPLOYER or "centralized accommodation provider', a CHOICE for the worker? ...which means that a worker can CHOOSE to stay in accommodations provided or alternative choose his own accommodation elsewhere? OR, no choice ...WORKERS must stay where employer decide....? Wonder whether the amendments are for the good of Workers or simply to help out Employers and these 'centralized accommodation provider'?
Remember Penang government is building a worker 'accomodation' comples - which would isolate or separate migrant workers from Malaysian communities .. Penang's 'American Indian Reservation' like policy for Migrant Workers? Anti-Human Rights?
Estate workers - A right to free house(for themselves, their families/dependents), and also land for some farming/chicken rearing PLUS nurseries, etc...BUT the amendments for other places of employment say PAY through wage deductions, power for employers to make rules & Discipline, ...and no mention at all about what kind of accomodation entitlement at all? And no place for families, etc
Estate workers themselves lose out when the replace the word 'workers' with 'employees"..
Workers - will include all workers, including those supplied by 'Contractors For Labour' but employees only are those DIRECTLY EMPLOYED by the owners/operators of workplaces - plantations, factories, etc ...BUT alas, many employers are using less and less EMPLOYEES of their own, they are simply using workers supplied by these 'Contractors For Labour' - the so-called 'outsourced workers'? [Yes, the contractor for labour also must provide for housing of their employees ---}
Right to accommodation - only to the EMPLOYEE - so, simply owner/operator of workplaces that make the profit will choose not to get their own employees BUT simply get workers supplied by the 'contractor for labour'...
WHAT IS JUST IS TO ABOLISH THE CONTRACTOR FOR LABOUR...and make all who work in plantation the EMPLOYEES of plantation owners - so they all get their right to good FREE houses and land as a work benefit....And, why exactly is the PH government not abolishing the 'Contractor For Labour' who is not responsible for any work unlike 'Contractors' ...but only responsible to supply their 'employees' to owner/operator of workplaces. Abolish the BN created 'contractor for labour' ...who become rich by the sweat and toil of their workers.
Contractors are different. There the owner/operator contracts out certain jobs like cleaning or security - and the contractor does the work with their own workers.
Give all workers the right to accomodation for themselves and their families, and ALTERNATIVELY a housing allowance ...so those who do not use the homes provided by employer will get a housing allowance which will help pay their rent, etc ..VERY important right for workers who come from out of town to work at certain workplaces...
The name of the ACT may sound good but if you read it, you will see that it is really BAD and takes away rights....One other example is the BN-created 'Peaceful Assembly Act' that effectively removed rights or made it just difficult to exercise the right - No right unless police permission sought ...no right unless you get prior permission from owner of land where you want to assemble peacefully...if you breach the police restrictions, you commit a crime...if you do not notify police you commit a crime...PREVIOUSLY only one crime - participating in 'illegal assembly' - now BN created so many more criminal offences..
WORKERS - what happened to the promised right to longer maternity leave, paternity leave ...etc?
WHAT IS JUST IS TO ABOLISH THE CONTRACTOR FOR LABOUR...and make all who work in plantation the EMPLOYEES of plantation owners - so they all get their right to good FREE houses and land as a work benefit....And, why exactly is the PH government not abolishing the 'Contractor For Labour' who is not responsible for any work unlike 'Contractors' ...but only responsible to supply their 'employees' to owner/operator of workplaces. Abolish the BN created 'contractor for labour' ...who become rich by the sweat and toil of their workers.
Contractors are different. There the owner/operator contracts out certain jobs like cleaning or security - and the contractor does the work with their own workers.
Give all workers the right to accomodation for themselves and their families, and ALTERNATIVELY a housing allowance ...so those who do not use the homes provided by employer will get a housing allowance which will help pay their rent, etc ..VERY important right for workers who come from out of town to work at certain workplaces...
The name of the ACT may sound good but if you read it, you will see that it is really BAD and takes away rights....One other example is the BN-created 'Peaceful Assembly Act' that effectively removed rights or made it just difficult to exercise the right - No right unless police permission sought ...no right unless you get prior permission from owner of land where you want to assemble peacefully...if you breach the police restrictions, you commit a crime...if you do not notify police you commit a crime...PREVIOUSLY only one crime - participating in 'illegal assembly' - now BN created so many more criminal offences..
WORKERS - what happened to the promised right to longer maternity leave, paternity leave ...etc?
13. The principal Act is amended by inserting after section 24 the following Part:
“Part IIIa
ACCOMMODATION
ACCOMMODATION
Application
24a. This Part shall apply to employees who are employed otherwise than to work in an estate.
Interpretation
24b. In this Part—
“person in charge of accommodation” means any person appointed by an employer or centralized accommodation provider to be responsible for the management of the accommodation, and safety and health of the employees and other amenities in the accommodation;
“accommodation” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure used for the purpose of human habitation;
“centralized accommodation” means any building used for the housing of employees employed by one or more employers;
“centralized accommodation provider” means any person who provides and manages a centralized accommodation and supervises the services provided therein for one or more employers, but does not include an employer who provides accommodations for his own employees.
Functions and powers of Director General in relation to accommodation
24c. (1) For the purposes of this Part, the Director General shall have the following functions:
(a) to administer and regulate all matters relating to an accommodation;
(b) to direct employer or centralized accommodation provider to submit any information and documents relating to an employee’s accommodation;
(c) to issue any directions to an employer or a centralized accommodation provider to provide any other amenities relating to an accommodation;
(d) to issue a Certificate for Accommodation; and
(e) to do anything incidental to any of his functions under this Part.
(2) The Director General shall have the powers to do all things necessary or expedient for or in connection with the performance of his functions under this Part.
Accommodation to be certified with Certificate for Accommodation
24d. (1) No accommodation shall be provided to an employee unless certified with a Certificate for Accommodation.
(2) An application for a Certificate for Accommodation shall be made by an employer or a centralized accommodation provider to the Director General in the form and manner as may be determined by the Director General and shall be accompanied by the prescribed processing fee.
(3) An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
(4) A centralized accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Employer to give notice of occupation
24e. (1) An employer shall, within thirty days from the date an accommodation is occupied by his employee, inform the Director General of such occupation in the form and manner as may be determined by the Director General.
(2) Any employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
Accommodation to comply with minimum standards
24f. An employer or a centralized accommodation provider shall ensure that every accommodation provided for employees complies with the minimum standards required under this Act or any regulations made thereunder.
Deductions in respect of rent or charge for accommodation
24g. (1) Subject to any conditions as may be prescribed by the Minister, an employer may collect from an employee any sum for rent or charge in respect of any accommodation provided by the employer or any centralized accommodation provider under this Part.
(2) The sum collected under subsection (1) shall be made by deductions from the wages of the employee.
Accommodation to comply with the laws of local authorities
24h. (1) Notwithstanding section 24d, no employer or centralized accommodation provider shall use any building as accommodation if the building is unfit for human habitation in accordance with the relevant written laws.
(2) Any employer or centralized accommodation provider who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
Amenities
24i. An employer or a centralized accommodation provider shall provide decent and adequate amenities in accordance with this Act or any regulations made thereunder.
Duties and responsibilities in respect of safety and health24j. An employer or a centralized accommodation provider who provides accommodation for an employee under this Part shall have the following duties and responsibilities:
(a) to provide separate accommodation to employees of the opposite gender;
(b) to take necessary preventive measures to ensure employees’ safety and well-being;
(c) to take fire safety measures in accordance with the relevant written laws;
(d) to ensure that the electrical wiring systems comply with safety requirements in accordance with the relevant written laws;
(e) to ensure that the employees receive the necessary medical assistance; and(f) to take preventive measures to contain the spread of infectious diseases as ordered by the Medical Officer of Health in accordance with the relevant written laws and the employer shall, at his own expense,make arrangements as ordered by the Medical Officer of Health so that all or any of the employees be given immunization against any infectious disease.
Maintenance
24k. An employer and a centralized accommodation provider shall ensure that every accommodation provided for employees under this Part is maintained as directed by the Director General.
Appointment of person in charge of accommodation
24l. (1) An employer or a centralized accommodation provider shall appoint at least one person in charge of accommodation provided under this Part, who will be responsible for the safety and well-being of the employees and the management of the accommodations and amenities, in accordance with the provisions of this Act or any regulations made thereunder.
(2) It shall be the duty of the person in charge of accommodation—
(a) to ensure that employees comply with the disciplinary rules as may be determined by the employer;
(b) to visit and inspect the accommodation at least twice a month and keep a record of the inspection as may be determined by the Director General in the place of employment; and
(c) to ensure an employee is taken to a clinic or hospital if the employee complains of his health, or appears to be unwell or suffering from any disease or medical condition, and keeps a record of complaints as may be determined by the Director General in the placeof employment.
Notice to vacate accommodation
24m. (1) Subject to subsection (2), if an employee resigns under a contract of service or his employment is otherwise terminated by not less than four weeks’ notice, the employee shall vacate the accommodation upon the effective date of his resignation or the date the contract of service is terminated.
(2) Notwithstanding subsection (1), an employee whose contract of service is terminated by less than four weeks’notice or is terminated with immediate effect shall vacate the accommodation within four weeks from the date of the notice or the date the contract of service is terminated.
Employer not obligated to provide accommodation for employees’ dependants
24n. Nothing in this Part shall render an employer obligated to provide accommodation for the dependants of an employee who is provided with accommodation under this Part.”.
...Amendment of section 25
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