ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
Monday, August 03, 2020
Top Glove - Why Zuraida's Ministry of Housing and Local Government issue Notice - Not the Human Resouces Ministry?
TOP GLOVE - Why did the Ministry of Human Resources(MOHR), being the Ministry responsible for workers and matters concerning occupational health and safety not issue any Notice or take action against Top Glove, but it was the Ministry of Housing and Local Government that issued the 'compliance notice'? What 'compliance notice'? Please explain Minister Zuraida
“The company has since been issued a compound by the Health Ministry
and compliance notice by the Ministry of Housing and Local Government,”
Malaysian Human Resource Ministry(MOHR) really should be the Ministry generally responsible for workers and worker safety. But....
Who investigated? Looks likes the Human Resource Department - which usually handles complaints from workers seems to be absent from the inspection and investigation at Top Glove - WHY is that? The the Minister charged with the responsibility for internal security, which is the Home Minister is responsible for the Anti-Trafficking in Persons and Anti Smuggling of Migrants Act. So, did the officers from the MOHR investigate to determine payments of salary/OT, working hours,etc and other worker rights were not violated? Questions ...questions...
In a statement today, the ministry said this was determined through
investigations conducted by a combined task force from the
Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and
movement control order (MCO)
# There is still no regulations created under the law, including the Occupational Safety and Health Act 1994(OSHA) that will create LEGAL obligations on employers and owners of workplace to keep the workplace free from RISK of infection from Covid-19. Such a regulation is within the power of the Minister, and he can make such regulations without even going to Parliament. Minister Saravanan has failed to do this until now, months after Malaysia became victim of the Covid-19 Pandemic - WHY? Should we demand for a NEW and better Minister?
# Because of the Minister and MOHR's failings, for enforcement, we still have to depend on general regulations issued by the Ministry of Health that applies everywhere for even workplaces. But, the situation in workplaces are very different from all other places - We need a specific Regulation that covers workplaces - which will also give powers to MOHR officers to conduct inspection, investigation, prosecute wrongdoers, issue NOTICES, etc. Current state of affairs, is that only the Ministry of Health can take action for workplaces > the Notice issued by the Ministry of Housing and Local Government to a factory in Meru is really confusing...it is not a House, and other than Federal Territory Local Governments, the Ministry or the Minister has little or no power - for all other Local Governments, the appointing power and other powers generally lie with the State government - not the Federal Government. Meru is not in a Federal Territory - so what is happening?
# Saravanan, the Minister, should already know that Covid-19 is not yet an occupational disease under the laws that imposes obligations on employers to keep workers safe from Covid-19 and other occupational diseases. Currently, it is just covered under the SOCSO Act, which means that after worker is infected, SOCSO will assist victims, which is good. BUT, what we need is clear legal obligations on employers (and owners of workplaces) to keep workers safe from Covid-19 and any other Occupational Diseases.
# The relevant law, that imposes legal obligations on employers to keep workers safe during work, including from Covid-19 and other occupational diseases is the Occupational Safety and Health Act 1994(OSHA 1994) - BUT, this ACT does not even have a clear definition (or interpretation) of what are the recognized occupational disease > was this INTENTIONAL to free employers from the obligation of keeping workers safe from Covid-19, etc at the workplace?
# Under the OSHA 1994, to impose obligations of employers to keep workers free from Covid-19 and other occupational diseases, all that is needed in the 'Interpretation' section, the words that Occupational disease means occupational disease as listed/defined under SOCSO Act and/or other Acts > and this will immediately place on employer(owner of workplace) the legal obligation to do the needed to keep workers free from Covid-19, other infectious disease and other occupational disease.
Will Saravanan do this fast - or do we need to campaign for a NEW Minister of Human Resources?
'No forced labour' at Top Glove?
Well, that is the finding of the MOHR - but then the question that must be raised,was whether the investigation was comprehensive. Yet again, like during the PH rule, the Minister seems to have met the employer and employer associations > why did he not meet with the Trade Unions, that represent workers. For rubber glove, Malaysia has National Union of Employees in Companies Manufacturing Rubber Products (NUECMRP), which is generally responsible for all workers in companies manufacturing rubber products like in Top Glove. Then, there is the Malaysian Trade Union Congress(MTUC) - so, why did the Minister of Human Resources meet with these worker representative?
Another problem in Malaysia, is that our labour laws and standards are not as good as the labour rights, standards and requirements in many other countries. In Malaysia today, for example, did you know that the legal limit for overtime work is 104 hours per month, which means workers can 'legally' work overtime of 4 hours per day, over and above the 8 hours of work - so, they can end up working for 12 hours per day. Minus all the meal breaks and other breaks, the worker may be at the workplace for maybe about 13-15 hours every day. If Malaysia, respects workers and worker rights, then the maximum legal overtime limit per month should be reduced to maybe 60 hours only. There must also be strict requirements, when employers can 'ask' and workers have to work overtime - it must be only for exceptional times. Limits must be placed for maximum daily overtime limits. In fact, the rates best be increased too - 1.5 times wages if the daily OT is 2 hours or less, and 2 times wages if the daily overtime is more than 2 hours.
Well, in Malaysia our overtime limit is 104 hours per month(meaning about 1,248 hours per year)
Worse still, is the fact that Malaysia at present has a draconian overtime limit, as contained in Employment
(Limitation Of Overtime Work) Regulations 1980, which stipulates that
the limit of overtime work shall be a total of one hundred and four
(104) hours in any one month. Note that working on rest days
and/or public holidays are not considered overtime. Hence, in Malaysia a
worker can end up working 12 hours every working day. - 49 Groups - Wrong to retain wages,etc to deter worker’s right to leave employer, and reduce overtime limit...
Workers choice when it come to working overtime, working on rest days and working on Public holidays must be restored. Employer can request, but worker can have the choice to refuse any work beyond normal working hours or working days without being discriminated against for their refusal.
NOW, workers FEAR termination, non-renewal of 'short-term contract', loss of promotion/wage increase, or simply 'removed' from the workplace. The right to refusal is lost > Workers simply have become akin 'slaves' - if employer says work, no choice but to work...Is this what we want for Malaysia?
'non-renewal of short-term contract' - The BN government, the PH government and now the PN government did nothing to ABOLISH 'short-term or fixed-term employment contracts', usually for 1 year or less - Malaysian workers lost the RIGHT to regular employment until retirement, which meant that after confirmation after a short period of probation(justly not more than 3 months), workers have employment security, and cannot be terminated simply at the whims and fancies of the employer, for reasons like refusing to work OT. They can only be terminated if they commit a serious employment misconduct or a serious breach of contract, if they RESIGN themselves, or if they are RETRENCHED justly.
'removed from the workplace' - this happens to 'outsource workers' - since Malaysia, since about 2006, allowed the contractor for labour scheme - as such they are now 'not employees' of the workplace, and if the workplace owner does not like them, all they need to do is tell the 'contractor for labour' and that worker is gone replaced by a new worker > No disciplinary procedure or Domestic Inquiry. Another problem is that these 'contractor for labours' do not any jobs of their own - so, worker removed this way are greatly prejudiced.
'Forced Labour' allegations - the Malaysian government really must improve worker rights and standards to conform with international standards - but somehow, even our political parties, places worker issues and rights as a low priority. PH GE manifesto only seem to focus on 'minimum wages' - NOT reducing Overtime Limits, Not restoring employment security of workers by abolition of the 'contractor for labour system',...
Even now, how many of our political parties came out and called for Covid-19 to be made an occupational disease - with employers having the legal obligations to keep workplaces safe so that no worker gets Covid-19 from their workplace?
How many political parties came out demanding the MOHR to come out with legally enforceable Regulations for workplaces and worker accommodations that will protect workers from Covid-19?
It is sad that most politicians are focused on 'party hopping', 'back-door government', Prime Ministerial candidate of the Opposition, etc - what about people's, worker's and other important issues that affect all of us in Malaysia?
We need to choose MPs, ADUNs and political parties that is committed to protecting and improving worker rights - remember most VOTERS are workers.
No elements of forced labour found at Top Glove premises, says HR Ministry over US detention order
Tuesday, 21 Jul 2020 06:20 PM MYT
BY SOO WERN JUN
Datuk Seri M. Saravanan clarified
that there are no elements involving forced labour with regards to the
detention order enforced on glove manufacturing giant Top Glove Corp Bhd
by the US authorities. — Picture by Yusof Mat Isa
KUALA LUMPUR, July 21 — The Human Resources Ministry has clarified
that there are no elements involving forced labour with regards to the
detention order enforced on glove manufacturing giant Top Glove Corp Bhd
by the US authorities.
In a statement today, the ministry said this was determined through
investigations conducted by a combined task force from the
Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and
movement control order (MCO) in which the company was found to have
breached standard operating procedures (SOPs) under the MCO, but that no
violations of forced labour were found.
“The investigation was conducted at Top Glove headquarters in Meru,
Klang on July 13. The company was found flouting the rules under the
recovery MCO, such as no social distancing between workers at the
workplace and crowded accommodation for workers.
“The company has since been issued a compound by the Health Ministry
and compliance notice by the Ministry of Housing and Local Government,”
the statement read.
Human Resources Minister Datuk Seri M. Saravanan has also met Top
Glove Corp Bhd and the Malaysian Rubber Glove Manufacturers Association
to understand further why two Top Glove subsidiaries, Top Glove Sdn Bhd
and TG Medical Sdn Bhd, were issued with the detention order was issued
by the United States Customs and Border Protection (USCBP), and
subsequently placed on its Withhold Release Order (WRO) list last
Thursday.
“The government is committed and will not compromise when it comes to addressing the issue of forced labour in the country.
“(And) since the element of forced labour is also closely related to
the issue of accommodation for foreign workers, the ministry has taken
into account the enforcement of Minimum Standards Act Employee Housing,
Accommodation and Facilities or Act 446 (Amendment) 2019 by the Human
Resources Ministry committee which will commence on September 1 this
year,” the statement added.
According to the statement, the enforcement of this Act is in line
with international standards recommended by Labour Organisation
International (ILO).
“The ministry does not want local employers including those in the
rubber industry to commit actions that are against Act 446 where
employers will be convicted over violations in relation to forced
labour,” the statement said.
The Human Resources Ministry also instructed all employers to
implement Independent Social Compliance Audit (ISCA) to ensure
compliance with the national standards.
The implementation of the ISCA was decided during the Joint Committee
Meeting between the home minister and human resources minister last
year who agreed on an implementation date of January 1, 2021. - Malay Mail, 21/7/2020
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