JAG :- Employment Act amendments piecemeal and unjust

Employment Act amendments piecemeal and unjust

The Joint Action Group for Gender Equality (JAG) is deeply concerned over the amendments to the Employment Act (EA) that were recently tabled in parliament, not just in terms of how it affects the rights of the workers but also over the sections pertaining to sexual harassment (SH).

JAG notes the refusal of the minister to acknowledge the validity of the protests from various quarters as to the unjust nature of these amendments. JAG has always highlighted the need for proper legislation against SH and is appalled to see this piecemeal effort despite the submission of a memorandum on the proposed SH Bill by JAG in 2001.

JAG has in the past, engaged the relevant ministries in discussion about the proposed SH legislation via submission of a signature petition, follow-up letters, participation in dialogues, working groups and countless press statements, all of which seem to have mostly gone unheeded by the government.

We had specifically highlighted the reasons why SH requires a specific Act and that it is unsuitable for incorporation in the EA. Despite all these longstanding efforts, we are very disappointed at the government’s blatant disregard of the rights of SH victims as can be seen by the superficial approach to legislate on SH in the EA.

We highlight here some of the major shortcomings of the SH provisions into the EA relating specifically to the mechanism of redress:

1. The amendments state that the employer (or any class of employers) must hold an inquiry upon receiving complaint of SH. The amendments do not take into account the tri-partite relationship between the complainant, the harasser and the management. The impartiality of the inquiry is questionable especially if the employer is the harasser.

1. The amendments allow the employer to decide on whether or not an inquiry should be conducted. Should the employer decide against holding an inquiry, the complainant can refer the matter to the director-general (DG) who, upon reviewing the matter, may agree with the employer or instruct the employer to conduct the inquiry. Although the employer will then have to hold an inquiry, the objectivity of the inquiry is at risk given that the employer was not willing to carry out the inquiry in the first place.

1. The amendments do not detail the mechanism by which a fair and impartial inquiry can be held by the employer. Instead, it details how an employer can refuse to conduct an inquiry (i.e., if the employer is of the opinion that the SH complaint is frivolous, vexatious and not made in good faith). If the opinion of the employer can stop a inquiry into a complaint of SH, what then are the chances of fair redress should the employer be biased towards the perpetrator, not be sensitised to or well-versed with  the issue of SH? The same argument can also be applied to the DG who receives a complaint against an employer. The need for an impartial tribunal to ensure reasonable standards of inquiry cannot be overstated.

1. The amendments are silent about the right to appeal to an independent third party regarding the outcome of an inquiry held by either the employer or DG into a complaint. So what other avenues to redress does a complainant have should the inquiry outcome not be in the favour of the complainant?

1. In the event that the inquiry proves that SH has taken place, disciplinary action will be taken against the perpetrator. However the only supposed remedy available to the victim is that the victim can resign without giving notice and get termination benefits!

It has been 12 years since the government launched the voluntary Code of Practice for the Prevention and Eradication of Sexual Harassment at the Workplace in 1999 in its efforts to curb SH. Clearly the current amendments are a total letdown to a worker who is sexually harassed and wishes to seek redress.

The amendments pertaining to SH in the EA show a lack of understanding on the issue of SH and the complexities involved in investigating and resolving SH complaints. Worse still it makes a mockery of the mechanisms of redress.

JAG finds these amendments unacceptable and urges the relevant ministry to reconsider JAG’s comprehensive Draft Bill. It is the right of every worker to work in an environment free from sexual and other forms of harassment and be guaranteed proper redress mechanisms. This government is duty bound to ensure that workers rights are protected. JAG urges the government to set aside the EA amendments.

The Joint Action Group for Gender Equality (JAG) comprises:

Women’s Centre for Change, (WCC) Penang
All Women’s Action Society (Awam)
Persatuan Kesedaran Komuniti Selangor (Empower)                                                     
Women’s Aid Organisation (WAO)
Perak Women for Women Society (PWW)
Sabah Women’s Action Resource Group (SAWO)
Sisters in Islam (SIS)

Source: Malaysiakini, 8/11/2011, Letters section

Police did break up a MTUC Nov 3 nationwide protest ...in KK

And the Malaysian police did break-up and disperse at least one of the MTUC nationwide picket on 3/11/2011...

It is surprising that there so little (almost none in some cases)  media coverage of this very important nationwide picket by workers and MTUC (whose members only is over 800,000) calling for the government to withdraw the proposed amendments to the Employment Act... 

Would not be surprised that the mainstream media were 'advised' not to cover this event ....or any of the arguments against this amendment... It is a very good strategy ... because Malaysians would not know about the issues - and may even believe that the MTUC is against worker rights unlike our BN government who is always for promotion and protection of worker rights...

If the issue or the objections are not covered - people will forget and the law can easily be changed....

If there is no coverage - it will also 'weaken' the will of MTUC and those that protest these amendments. Politicians and political parties may also not be bothered since 'no use' --- as no media/press coverage...

MTUC's protests apparently saw the participation of some 10,000 persons and for Malaysia, that is significant....

What now? Somehow for this current Malaysian government who just do not listen or care for the worker, the ordinary people ...and who also manage to effectively shut off the voices of the people through 'black-outs' or 'advice' or just not responding/addressing the grievances. Sweep it under the carpet ---- or re-focus on something else, and this time our attention was drawn to 'Sexuality Merdeka' ...

The protest against the amendments need to continue - now and with greater effort. There must be 'education campaigns' and more and more protests against this proposed amendment of the Employment Act.... Best if MTUC leads... if not hopefully some other may need to take the lead...

Kota Kinabalu: The Malaysian Trades Union Congress (MTUC-Sabah chapter's) planned picket against the Employment Act 1955 fizzled out even before it started at an open area facing Tang Dynasty Hotel, Thursday evening. 

City police dispersed the gathering just as union members began to display placards showing their objection to several amendments to the Act at about 5.50pm. 

About 30 people joined the demonstration to express their dissatisfaction over the amendments to the Act that they claimed could jeopardise their job security and workers' rights. 

Some raised their arms to show their opposition to the amendments while several others displayed the placards for several minutes before City Police Chief ACP Ahmad Sofi Zakaria took a loud hailer and told the group to disperse within 10 minutes. He declared the rally as illegal as MTUC Sabah did not apply for a permit from the police.

The gathering led by MTUC Sabah Chairman Awang Ali Awang Raji complied with the police order and those who displayed the placards were asked to give their particulars to the police.

Police seized two placards that stated their objection to the amendments to the Act and one placard which called for the withdrawal of the amendments, claiming that the opposition would, otherwise, win in the coming general election.

There was a minor commotion when few MTUC members questioned the police for taking down the names and particulars of those displaying the placards, saying it went against the assurance of the Minister.

Ahmad Sofi said police received information about the picket and deployed 71 policemen to safeguard the area to avoid untoward incidents.

"No one was detained. We only took the particulars of five people for monitoring purposes," he said.

On Nov 1, MTUC Sabah Secretary Catherine Jikunan was reported as saying the amendments may see the Sabah Labour Ordinance adjusted to correspond with the new Bill if it is approved by Parliament, thus exposing Sabahans to an unstable job environment, especially in the private sector.

"It will create a modern day slavery and the new Act will have job seekers register at labour outsourcing companies to be offered job contracts from their employers.

"This way workers will not have a stable job because there is no guarantee to their jobs like security of tenure. You may be working in a hotel industry one day, plantation next and later construction and so on.

So you do not have any permanent employer," Jikunan said.

The amendments to the Act were first tabled on July 8, 2010 but withdrawn on Oct 12 the same year.

However, it was again proposed on Oct 11 this year and the Human Resource Ministry has snubbed MTUC's protests.

MTUC plans to submit a memorandum to the Agong if the Act is eventually approved in Parliament.- Daily Express, 4/11/2011, Cops disallow picket as no permit sought

BN government is NOT on the side of workers - Workers also need to reclaim their lost rights ...

There was a nationwide picket organized by MTUC, the organization that represent all workers in Malaysia, all over the country that saw maybe about 10,000 workers protesting on a Thursday (a working day) from 5.00pm - 6.30pm, and just look at the amount of media coverage that this picket received in the print and electronic media... almost nothing.

MTUC and the 115 civil society organisations from all over the world will not be against this amendment is all was alright - yet again, there is almost no discussion or report in the mainstream media ... that clearly gives the reasons for the various objections... The media, only covers the government view - and its Ministers says(or rather lies) that the amendments are for the good of the workers...when obviously is is for the good of employers - even better for the 'manpower contractors' or 'contractors for labour' or 'labour supply companies' or '(labour) outsourcing agents'.

I say it is time for us to call for S. Subramaniam to resign as Human Resource Minister - we need someone who will honestly and preferentially look into the interest, rights and welfare of workers and their families in Malaysia - not a pro-employer or a pro-labour supplier (or pro-outsourcing agent) kind of person, which Subramaniam has shown himself to be...

"Human Resource" - the word itself is so pro-employer....Maybe, we need a new Ministry for workers and worker welfare...

Appeal to PM Najib to intervene... that has been the call from some quarters - but let us not be naive for this is Malaysia and nothing is done with the blessing and/or approval of the PM. So maybe the call would be for the PM and the BN government to insaf ('repent') and change their position and side with workers and the union... Elections are round the corner - and there will be many promises and even 'actions' - but I will doubt its sincerity. Let us not forget that this BN government has been adamant about pushing this anti-worker anti-union amendment ---- They tabled it in 2010...withdrew it when there was protest...and then shamelessly re-tabled the almost same amendments again in 2011... ***The worker's, their unions and MTUC's main objections is still there as it was in the 2010 Bill - there was total disrespect to workers and the unions. 

Let us re-call some of the anti-worker actions/omissions by the BN government 

a)  Security of Tenure or Job Security - Well, the spirit of the Employment Act and labour laws was for permanent jobs until retirement, retrenchment, retirement or termination by reason of misconduct. Before this 'permanent relationship' was entered into there was the probation period which was 1 - 6 months, and thereafter the employment relationship like a 'marriage' was sealed until retirement do we part. So, in line with this long term...permanent relationships - we have provisions that increase entitlements of workers as time passes (see annual leave, medical leave, etc...) and even when it comes to retrenchment(or lay-off), we see that the law considers the length of employment ...even when it comes to 'retrenchment', it was the 'Last In First Out'(LIFO) principle that was followed. In cases of retrenchment, also an obligation is placed on the employer to try hard to find another job for the employee within the company...

But rather that trying to preserve this 'good thing' for workers, the BN government helped dismantle what was guaranteed protection for workers and their families, and 

1- Allowed employers to hire workers on short-term or fixed-duration contracts, and avoid the permanent employment relationships.

2- Allowed companies/employers to get rid of their 'permanent employees' by various different means, all of which were encouraged by the government by their actions/ommissions...

(a) The VSS (Voluntary Separation Scheme) - saw a lot of workers lose permanent jobs - and now only have short-term or fixed-duration employment contracts; 

(b) The Outsourcing of Work - well, the banks are a good example - they 'outsourced' their phone/internet banking and even 'check processing', and permanent bank employees with a lot of perks for loans/ etc just lost it - and became employees of some new companies...

b -  Allowing new employment relationships to be by way of short-term or fixed-duration contracts.... and not at all insisting on permanent employment relationship. Remember that last year, the BN government have also been talking about depriving workers on these short-term or fixed-duration contracts to pursue claims of wrongful dismissal by employers...The BN government can insist on permanent employment relationship until retirement, and allow only employment through short-term or fixed-duration contracts in very limited situations....even in 'short-term' contracts, insist on employers re-hiring the same worker for the same job/work(or substantially the same work) rather than getting a new worker under a new contract, which employers will try to do to avoid permanent employment relationships by presumption...

c -  Right to access justice in cases of wrongful dismissal. Few years ago, when a worker is successful in his claim that he/she was wrongfully dismissed, the court will order 'reinstatement without loss of benefits' or alternatively require the employer to pay the worker all salary (& benefits) from day of wrongful dismissal until day of judgment - which is fair and just. Slowly, siding with the employer ...this was reduced by this and that...and then it was limited to a maximum of 24 months salary...

d - Failure to amend laws to deter employers violating worker rights. If an employer pays you RM600 instead of the agreed RM1,000, and the worker complaints to the Labour Department - and then the trial and the Labour Court, and the court decides in favour of the worker. Guess how much the employer will be ordered to pay the worker - RM400...that is all. Is this fair? Not at all - I propose that it should be 2 or even 3 times..... And, the worker who had to take leave to come to the Labour Department and for the negotiations/trial should also be compensated cost of travel and wages for the days he had to come to access the avenues of justice.... But this BN government is not interested in these kind of pro-justice amendments...

e - Failure to protect workers from employer's actions when they try to access justice. There is also no provision in the Employment Act 1955 that makes it an offence (and/a wrong) for an employer to terminate or discriminate against a worker that lodges a complaint against the employer using the avenues provided by law itself. 

f - Minimum wages - well, the government knows that over 30% of workers in Malaysia earns below poverty line wages - but still there is no minimum wage in Malaysia. We have talking about minimum wages only - and the government could have simply set at the poverty line wage....but no they did not for this is a pro-employer government, and worse still, this same government, whilst keeping wages low is also doing things that is increasing the cost of living.

...there are many more...

Short-term or fixed-duration contracts - CONCERNS

** Will a women who is pregnant (say 1 - 5 months) be employed when employment is by way of short-term or fixed duration contracts? I do not think so - so, I wonder why while we increase entitlement to maternity leave and benefits, whether this will even be relevant for most workers now (and in the future) given the current trend is to employ by way of short-term or fixed term contracts. Likewise, increasing retirement age matters not for these workers....and, as a worker gets older and older, I am sure that he/she will find it harder to get a job for preferences will naturally be for younger workers, not just by reason of age but also their familiarity with new technology and gadgets...(more so for the low or medium-skilled jobs). 

** Salary rises - well, this is a phenomena in permanent jobs - and it must be as the worker, being a human being also do get married, have kids... and the money he/she needs for themselves, their children and other dependents generally increases with age...But, when employment is by way of 'short-term contracts', the chances are that your salary may not be increasing - it may even be decreasing as generally preferences are for younger workers...Of course, governments cannot insist on the employment of people above 40...or above 50... and that is why Malaysia really need to insist on permanent employment with job security until retirement age...(and oppose the trend/practice of 'short-term or fixed-duration' employment contracts...).

Now, with the new proposed amendments - they want to totally liberate the owner-operator/end-user/principal employer from employment obligations and duties to their workers. How? Simply allowing them to do their business with ultimately few or  NO employees of their own - for their many workers will all be employees of this or that labour supplier - the 'contractor for labour'... It will be most happy times for employers - but it will be very very bad for workers and their unions...

As it is, the allowing of employers to employ using 'short-term or fixed-duration contracts' have already caused workers to loose their dignity and rights, be weakened,... If you are on a 9-month contract, would you fight for your rights at your workplace? Would you not try hard to be a 'good, quite, abused...." worker just hoping and praying that after the contract expires - this employer will enter into another contract with you??? In fact, you may not want to even do anything - like even joining the Nov 3 MTUC protest - not because you do not support MTUC but just because you are worried that if you do, you will be 'blacklisted' and will not be offered a new contract of employment....mmm

Do not also forget the stress and the tension that one who is on a short-term or fixed-duration contract faces? Will I get offered another contract.... worse for the last few months? If i do not get another contract to work in this company ...will I get another contract to work in a company in this area/town/State???

Should I get married? Should I buy a house here? Children's school ....all these are major concerns for those with 'short-term or fixed duration' contracts?

When the worker is on a 'short-term or fixed-term contract', the worker is pacified... he is too worried about the job...to be bothered about rights or union....and this gives the power to employers to be able to exploit workers...

 

  

MCCBCHST - Rights To Life, Liberty, The Right To The Dignity Of The Person And The Right To Privacy For All Persons

Media Statement - 4 November 2011

MCCBCHST - RIGHTS TO LIFE, LIBERTY, THE RIGHT TO THE DIGNITY OF THE PERSON AND THE RIGHT TO PRIVACY FOR ALL PERSONS

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) is a national coalition of the named religious groups. The MCCBCHST recognises that the norms for sexual practices within each religion, as in numerous other matters, is governed by the commandments, laws, rules and regulations and values as set and practised within each religious group. Often, there are differences in a given subject between one religion and another in our coalition.

The MCCBCHST recognises these differences, respects their practice by members of that faith, opposes any attempt to impose the norms and/or values of one upon another and have, do, and will continue to support such norms or values of any religion as long as they meet universally recognized norms of human rights and fundamental freedoms, including the right to life, the right to personal liberty, the right to the dignity of the person and the right to privacy, and respects the equal rights of all others.

MCCBCHST is against all forms of harrassment, intimidation, threats and violent attacks on any Malaysian including those from the lesbian, gay, bisexual or transgender (LGBT) community. Their right to personal liberty, dignity and privacy must be respected.

We also note that all Malaysians have a right to freedom of expression and can disagree with our existing laws. As long as they assemble in peace to discuss these matters, to educate and create awareness, and to seek laW reform, their right to express themselves and to assemble peacefully must also be respected.

The MCCBCHST therefore condemns the hateful speech directed to members of that community to date, and the blanket ban on the Seksualiti Merdeka festival assembling peacefully in a private place to hold concerts, speeches and forums.

Daozhang Tan Hoe Chieow, AMS

President

MCCBCHST 

Sardar Jagir Singh

Deputy President

MCCBCHST

Venerable Sing Kan

Vice President

MCCBCHST

Reverend Dr. Thomas Philips

Vice President

MCCBCHST

Mr. RS. Mohan Shan, JMW, AMK, BKM, PJK

Vice President 

MCCBCHST

Mr. Prematilaka KD Serisena

Hon. Secretary General

MCCBCHST

More reports about MTUC nationwide protests on 3/11/2011

Live report: MTUC launches nationwide picket

Source: Komunitikini (http://komunitikini.com/news/live-report-mtuc-launches-nationwide-picket)

Posted on November 3, 2011 by KomunitiKini

The scene at Shah Alam around 5.30 this evening

The Malaysian Trades Union Congress nationwide picket begins today. The MTUC is protesting proposed amendments to the Employment Act 1955, especially the proposal to amend the term “sub-contractor for labour” to “contractor for labour” under Section 2 because it takes away protection of the rights of contract labourers. Instead, the agencies supplying workers to a third party under the contract for labour would become employers of the workers;

The implications of this are that workers will not have job security as they would be under the contractor’s payroll and not be under the main employer; and, there will also be discrimination in the workplace as not all workers will enjoy the same wages, benefits and rights despite doing the same work.

The MTUC contends that the proposed amendment will also remove the obligations and duties of employers towards their workers; and, that labour suppliers are allowed to gain commission from the wages of workers.

5.00PM Kuala Lumpur:  200 workers converged in front of the KWSP (EPF) Building to express their discontent over the amendment.

Gathering as early as 5pm, the group which is also led by MTUC was backed by top Pakatan Rakyat and Parti Sosialis Malaysia (PSM) leaders.

Among those present were DAP supremo and Ipoh Timur MP Lim Kit Siang, Sibu MP Wong Ho Leng, Kuala Krai MP Mohd Hatta Ramli and PSM secretary-general S Arutchelvan.

The group chanted “Withdraw the amendment”, “Long live MTUC” and “Minister – Step down” in reference in Human Resource Minister S Subramaniam whose discussion with has been a stalemate.

They also put up some 10 banners condemning the amendment while others held up placards reading “Don’t pawn worker’s right” and “Minister cheats workers”.

Meanwhile, PKR in solidarity with MTUC has also planned its own protests in four locations at Kuala Langat, Shah Alam, Hulu Selangor and Klang.

The amendment to the Employment Act was passed in Parliament on Oct 6 after last ditch negotiations and protest between MTUC and the government fell apart.

Union members from Melaka

515PM Melaka: Some 400 union members picketed in Melaka. Azlan Tajuddin, Malacca MTUC branch secretary, said that the government should take heed of the union demands because it will affect the future of our children.

530PM Petaling Jaya: The group in PJ was led by MTUC secretary-general Abdul Halim who estimated that the number of participants in the picket nationwide comes close to 10,000.

 

Also present to share their solidarity were Senator Syed Husin Ali, Selayang MP William Leong, PJ Selatan MP Hee Loy Sian, PKR vice president N Surendran and human rights group Suaram chairperson K Arumugam.

525PM Kota Kinabalu: The MTUC picket begins! Catherine Jikunan from MTUC Sabah division reports that “we are about to begin our picket but the police OCPD are trying to stop us from conducting the picket.”



534PM Kota Kinabalu: OCPD ACP Ahmad Sofi ariving to Tang Dynasty Hotel – there are approximately 30-40 people present.

537PM Johor Bahru: About 150 protesters from 27 unions are picketing at Kampung Pasir along the Skudai highway. An equal number of police personnel is present. The picket is headed by the Johor MTUC chairman, Tan Eng Hong, who is also the president of NUBE (National Union of Banking Employees). The are protesting against two amendments to the Employment Act, relating to overtime payment and allowing companies to outsource labour from third parties rather than employing them directly.

Picketers with placards in Johor Bahru

Johor Bahru unionist brandishing banner for their support for MTUC

545PM Johor Bahru: Protesters are being advised to move to an inner road to continue their picket for safety reasons. More people are joining the picket after rushing from their places of work. Tan says the union expects more than 300 people to join the picket.

Picketers in Seberang Perai, Penang

547PM Seberang Perai: 1000 people are picketing in front of Padang Kilat, near Pearl View Hotel, Seberang Prai – Picketers are spread all along the road. Members of the Angkatan Muda Keadilan were seen joining the picket. There’s a slight commotion reported between the AMK members and the police.

Penang MTUC secretary K.Veeriah the workers fully condemned the amendments, saying it was “totally irresponsible” towards workers.

He added that the law would institutionalise contract workers and would eventually result in principle employers washing their hands of their workers plight.

“There would be third persons who will handle the contract workers and the amendments also provides for the workers pay to be deferred for a month,” he told reporters.

“What happens when the contractor runs out of money or if they decide to terminate the workers?” he added.

State MTUC chief S Ravindran said that more actions are planned to increase awareness of workers on the impact of the amendments on ordinary workers. Ravindran said the picket was necessary in the hope that the amendments can be stopped at senate level, after being endorsed by Parliament.

Picketing union members under the watchful eyes of the police in Kuantan

Union members in Kuantan

550PM Kuantan: Some 200 union members gathered in Kuantan.

556PM Kota Kinabalu: 20 trade union members who came to picket carrying banners and placards are given 10 minutes to disperse by the Kota Kinabalu OCPD. All picketers are asked for their IC numbers.

600PM Seberang Perai: The picket went on for about 90 minutes but at 6pm, police intervened and asked the MTUC leaders to disperse the crowd, which they refused. Veeriah said he had told the “boss” that the picket would continue until 6.30pm and that the police should not “harass” the workers before that to end the event.

602PM Kota Kinabalu: Five protesters are arrested and brought to the Karamunsing police station but they were released soon after the union officials intervened.

629PM Kota Bharu: No one turned for the MTUC picket.

630PM Petaling Jaya: More than 300 union members were present at Jalan Barat (opposite PJ Hilton). Picket ended without any untoward incident. Police were present to ensure safety and to control traffic.

630PM Seberang Perai: No untoward incident took place during the event, and 6.30pm, the crowd dutifully dispersed.

Thousands picket against Employment Act

It is quite impressive when thousands protested the labour amendments all over the country on a Thursday at 5.00pm - 6.30pm, for this is certainly not at all the usual time for protests in Malaysia, which are usually on a Saturday or Sunday - not a working day.

This may just be the beginning of many more protest actions until the government of  Malaysia listens to workers and their families, and other Malaysia and withdraw their intention to bring about these amendments to the Employment Act. Note that MTUC is not alone in this and have the support of even the International Trade Union Confederation (ITUC) that represents 175 million workers in 153 countries.See also :- Malaysian Trades Union Congress(MTUC) makes it 109 that says Malaysia Must Protect Worker and Union Rights - and withdraw proposed amendments

Thousands picket against Employment Act

Thousands of workers up in arms over the recent amendment to the Employment Act, took their grouses to the streets in a nationwide picket.

The workers, led by the Malaysian Trade Union Congress (MTUC), protested at some 18 locations throughout the country.

The groups have taken issue with several clauses in the amendment, the most contentious being the reintroduction of labour contractors which has not seen light since 1955 when it was abolished.

The provision allows employers to recruit workers from labour contractors instead of employing them directly, leaving workers at the mercy of such contractors without guarantee of EPF or Socso.

'Workers are the largest bloc of voters'

At Petaling Jaya 200 workers converged opposite of PJ Hilton Hotel with chants of "Tarik Balik!" (withdraw) echoing across the street.

Cars passing the protestors honked in support as the protestors held up their placards.

Some of them read: ‘Abolish the contract system for workers', ‘The government has forgotten worker's contribution', ‘Workers are the largest bloc of voters' and ‘Long live the workers!'.

Police presence was barely felt, with only two uniformed police officers watching on and another two traffic police officers directing the flow of traffic for the picket.

The group in PJ was led by MTUC secretary-general Abdul Halim who estimated that the number of participants in the picket nationwide came close to 10,000.

Also present to share their solidarity were Senator Syed Husin Ali, Selayang MP William Leong, PJ Selatan MP Hee Loy Sian, PKR vice president N Surendran and human rights group Suaram chairperson K Arumugam.

Protestors demand minister's resignation

Meanwhile, in Kuala Lumpur, some 200 workers converged in front of the EPF building to express their discontent over the amendment.
Gathering as early as 5pm, the group which was also led by MTUC, was backed by top Pakatan Rakyat and Parti Sosialis Malaysia (PSM) leaders.

Among those present were DAP supremo and Ipoh Timur MP Lim Kit Siang, Sibu MP Wong Ho Leng, Kuala Krai MP Mohd Hatta Ramli and PSM secretary-general S Arutchelvan.

The group chanted "Withdraw the amendment", "Long live MTUC" and "Minister - Step down" in reference in Human Resource Minister S Subramaniam with whom discussions have reached a stalemate.

They also put up some 10 banners condemning the amendment while others held up placards reading ‘Don't pawn workers' rights' and ‘Minister cheats workers'.

Meanwhile, PKR in solidarity with MTUC also held its own protests in four locations at Kuala Langat, Shah Alam, Hulu Selangor and Klang.

The amendment to the Employment Act was passed in Parliament on Oct 6 after last ditch negotiations between MTUC and the government fell apart. - Malaysiakini, 3/11/2011, Thousands picket against Employment Act

 

 

Festive air as workers picket new labour law

UPDATED @ 07:52:48 PM 03-11-2011

By Clara Chooi and Lisa J. Ariffin

November 03, 2011

Workers holding up placards during the nationwide protest in Kuala Lumpur November 3 2011. — Picture by Choy Choo May

KUALA LUMPUR, Nov 3 — Despite a slow start, a workers’ protest against a new labour law outside the Employees’ Provident Fund (EPF) building in Jalan Raja Laut here swelled from 50 people to 200 within a half hour and rising.

The Malaysian Trades Union Congress (MTUC), an umbrella body comprising 390 labour unions representing 802,323 members, kicked off at 5pm its nationwide picket against amendments to the Employment Act here and 19 other spots nationwide.

Motorists driving by the previously deserted roads honked noisily in support of the demonstrators holding aloft placards that read: “Jangan tukar akta sekerja”; “Hentikan pindaan sekarang” and “Menteri tipu pekerja”, and chant “Hidup MTUC! Hidup pekerja!”

Protesters by Jalan Barat in Petaling Jaya during their protest against the amendments to the Employment Act November 3 2011. — Picture by Jack Ooi

Festivity filled the air as the demonstrators, donning their various union colours and some even wearing Halloween masks, took to singing through loudhailers, blowing on whistles and beating a beat on kompangs as they line the sidewalk that stretch out as far as 100 metres in front of the EPF building.

Some had come in colourful raincoats and bandanas in anticipation of rain but the picket continued peacefully beneath clear skies. 

Only a small group of uniformed policemen kept watch nearby.

The crowd whistled loudly each time a federal opposition leader arrived. The DAP’s Lim Kit Siang, Wong Ho Leng, A. Sivanesan and M. Kulasegaran were joined by allies from PKR, PAS and others from Parti Sosialis Malaysia (PSM).

The country’s main labour centre for the private sector have accused the government of bringing back “slave-like” conditions with the amendments which, they said, erode protection for workers.

Its secretary-general Abdul Halim Mansor had said some 500 people would take part at each location.

In Petaling Jaya, a similar festivity filled the air outside Wisma TWU in Jalan Barat, opposite the Hilton hotel though the number of picketeers were far smaller.

At the start, there were only 10 demonstratorsm but they grew to about 80 within the half hour.

MTUC president Khalid Atan who arrived at the Jalan Raja Laut protest shortly after it kicked off, declared the picket a success.

He said some 2,000 people took part in 18 locations nationwide and added that the picket at Jalan Raja Laut has hit its targeted 500 mark.

“The response is very encouraging and we hope this picket will send a clear message across to the government that we reject these labour law amendments,” he told a harried press conference on the sidelines of the protest.

He said although Parliament had already passed the contentious amendments to the law on October 6, the MTUC was still willing to negotiate changes and work with the Human Resources Ministry.

“I will not speculate on what our next move will be after this picket but we will deliberate on this during our next general council meeting and keep you informed,” he said.

Khalid also defended the attendance of opposition lawmakers at the picket, stressing that MTUC had not issued any formal invitations to any political party.

“We did not know they planned to attend and we cannot tell them to leave. Perhaps they felt it is their duty as an MP to show support.

“But MTUC is non-partisan,” he said.

The entire gathering remained peaceful and protestors dispersed without any untoward incident shortly before 6.30pm.- Malaysian Insider, 3/11/2011, Festive air as workers picket new labour law

Low turnout at labour laws protest

G Vinod | November 3, 2011 

The demonstration organised by the MTUC manages to draw only 100 members.

KUALA LUMPUR: About 100 MTUC members gathered at the Employees Provident Fund (EPF) headquarters here today to protest against the recent amendments to the Employment Act.

The turnout is lower than the 500 predicted by Malaysian Trade Union Congress (MTUC) president Khalid Atan.

Most of the picketing crowd are members of the Malaysian Trade Union Rights Network (PSI), an affiliate of the MTUC.

Also present were DAP stalwarts Lim Kit Siang and M Kulasegaran who were joined by Parti Sosialis Malaysia (PSM) secretary-general S Arutchelvan and Oppressed People’s Network (Jerit) coordinator E Nalini.

Trade unions alleged that the amendments would further erode workers’ rights in Malaysia.

Last month, Human Resources Minister Dr S Subramaniam tabled the controversial amendments in the Dewan Rakyat despite widespread objection by MTUC and the opposition parties.

The MTUC had organised a peaceful protest against the amendment at the entrance to Parliament last month which attracted about 100 people.

Trade unions claimed that the new amendments would absolve employers of any responsibility to their workers as the latter would come under the purview of the recruitment agency.

The amendments, MTUC added, would also allow employers to delay overtime payment by a month which would affect the low-income group. - Free Malaysia Today, 3/11/2011, Low turnout at labour laws protest

KUALA LUMPUR: The MTUC went ahead with its picket after office hours on Thursday to protest the amendments to the Employment Act 1955, which was passed by the Dewan Rakyat on Oct 6.

Dressed in white and blue, a small group turned up at Jalan Raja Laut here about 5pm, holding banners, including Stop Contractor for Labour' and Hands off Workers'.

Also there were DAP advisor Lim Kit Siang and Ipoh Barat MP M. Kulasegaran.

The group grew bigger later and began chanting withdraw amendments to the Act' and Long live workers'.

In Petaling Jaya, another group, led by MTUC secretary-general Abdul Halem Mansor, picketted outside PJ Hilton.- Star, 3/11/2011, MTUC goes ahead with picket

MTUC minta kerajaan buka ruang perbincangan

KUALA LUMPUR 3 Nov. – Kongres Kesatuan Sekerja Malaysia (MTUC) hari ini meminta kerajaan khususnya Kementerian Sumber Manusia membuka ruang perbincangan terhadap Akta Kerja 1955 yang diluluskan Parlimen pada 6 Oktober lalu.

Presiden MTUC, Mohd. Khalid Atan berkata, rundingan supaya pindaan tersebut dikaji semula sentiasa menjadi harapan pihaknya.

“Kita akan menyampaikan perkara itu dalam mesyuarat ahli MTUC akan datang dan berharap kementerian tersebut dapat membuka jalan perundingan bagi menarik semula pindaan berkenaan,” katanya pada piket yang dihadiri lebih 500 pekerja di depan Bangunan Kumpulan Wang Simpanan Pekerja (KWSP) di sini, hari ini.

Antara kesatuan yang terlibat pada piket yang bermula pukul 5.30 petang dan berakhir pada 6.30 petang itu ialah Kesatuan Pekerja KWSP, Kesatuan Pekerja Keretapi Tanah Melayu Berhad (RUM), Kesatuan Kebangsaan Pekerja-Pekerja Bank (NUBE), Public Services International (PSI) dan Kesatuan Pekerja-pekerja Kelab Semenanjung Malaysia (KPKSM).

Mohd. Khalid berkata, pindaan akta tersebut akan mewujudkan Sistem 

Kontraktor yang membolehkan majikan ‘mengupah’ kontraktor memberikan tenaga kerja kepada majikan berkenaan.

Katanya, sistem itu membuatkan pekerja bekerja untuk kontraktor bukan majikan berkenaan, menyebabkan majikan tidak mempunyai tanggungjawab secara terus menjaga kebajikan pekerja terutamanya melibatkan caruman Pertubuhan Keselamatan Sosial (Perkeso) dan KWSP.

Berkenaan piket tersebut pula, beliau berpuas hati dengan kehadiran semua kesatuan yang masing-masing memberikan komitmen tinggi dalam memperjuangkan hak mereka sebagai pekerja.

“Lebih 5,500 menyertai piket ini di 18 lokasi seluruh negara hari ini bagi menyatakan bantahan mereka. Piket ini satu kejayaan bagi MTUC,” ujarnya.

Di PULAU PINANG, hujan lebat tidak menghalang hampir 1,000 ahli MTUC mengadakan piket secara aman di hadapan Hotel Pearl View, Prai di sini dari pukul 5 hingga 6.15 petang.

Setiausaha MTUC Pulau Pinang, K Veeriah berkata, pindaan itu hanya akan menyebabkan lebih banyak masalah kepada pekerja di samping menindas mereka.

Di IPOH, kira-kira 500 ahli MTUC Bahagian Perak mengadakan piket secara aman di Taman Kledang Utama.

Setiausaha MTUC Bahagian Perak, Abdul Rashid Saari berkata, pindaan akta tersebut, apabila dilaksanakan kelak akan menguntungkan majikan dan pekerja asing sedangkan pekerja tempatan teraniaya.

Di MELAKA, piket kira-kira 300 orang yang sepatutnya berjalan dalam suasana aman, menjadi medan mengecam kerajaan dengan pelbagai kata-kata kesat dilemparkan.

Ia gara-gara kehadiran Ketua Angkatan Muda Keadilan (AMK), Shamsul Iskandar Mat Akin serta beberapa penyokongnya yang muncul secara tiba-tiba sewaktu piket diadakan.

Di ALOR SETAR, kira-kira 300 pekerja menyertai piket tersebut di hadapan Sime Tyre International, Mergong bagi membantah pindaan tersebut.

Menurut Pengerusi MTUC Kedah, Zulkifli Hamid, piket terbabit bukan untuk menentang kerajaan tetapi membela nasib pekerja swasta yang didakwa akan ditindas jika pindaan itu dilaksanakan.

Di KOTA KINABALU, MTUC Sabah gagal mengadakan piket hari ini apabila gagal mencapai sasaran apabila hanya 30 ahli yang datang pada kali ini.

Di JOHOR BAHRU, kira-kira 500 individu menyertai piket tersebut secara aman.

Pengerusi MTUC negeri, Tan Ean Hong berharap kerajaan menerusi Kementerian Sumber Manusia dapat mengkaji semula akta berkenaan bagi membolehkan kebajikan pekerja tempatan terbela.

Di KUALA LANGAT, kira-kira 200 pekerja kilang di sekitar daerah ini turut menyertai piket tersebut di Jalan Besar Klang-Banting di Telok Panglima Garang di sini.

Presiden Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenanjung Malaysia, Wan Noorulazhar Mohd. Hanafiah berkata, pindaan akta itu akan meluluskan agensi kontrak pekerjaan yang bermaksud pekerja kilang boleh dikontrakkan.

Sementara itu, Timbalan Menteri Sumber Manusia, Senator Datuk Maznah Mazlan berkata, kerajaan telah mengambil kira pandangan dan kajian daripada Majlis Perundingan Gaji Kebangsaan sebelum membuat pindaan Akta Kerja 1955 yang diluluskan pada 6 Oktober lalu.

“Kerajaan mengambil kira pandangan majlis bebas itu demi memperjuangkan nasib pekerja sekali gus turut mengambil kira kepentingan majikan,” katanya.- Utusan Malaysia, 3/11/2011, MTUC minta kerajaan buka ruang perbincangan

Today Malaysian workers come out nationwide to protest the proposed amendments to labour law...

And, it is 3rd November, 2011 and the nationwide protest by MTUC against the proposed labour law amendments will apparently be happening from 5pm onwards... Remember also that now 115 groups from all over the world is also against this amendment [see: International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco ..... (IUF) makes it 115 that wants the amendments to Employment Act withdrawn]

NUPW is concerned about workers in the Plantation Sector - but they are for direct employment, and, I believe that they really would be against this amendment [see:-NUPW want contractors/sub-contractors of work registered - Not for labour suppliers (contractors for labour) becoming employers]. Their concerns will not be effectively addressed by these current amendments - but may really create much more problems for workers.

 

MTUC to picket nationwide tomorrow

K Pragalath | November 2, 2011 

 

Union boss Khalid Atan says authorities have been notified and expects no less than 500 members at each of the 18 venues in protest against the newly amended Employment Act.

PETALING JAYA: The Malaysian Trades Union Congress (MTUC) released the venues for its nationwide picket in protest against amendments made to the Employment Act 1955.

MTUC president Khalid Atan said MTUC, which has about 800,000 members, would be picketing at about 18 locations starting tomorrow.

“We are expecting no less than 500 people to gather at each of the location nationwide,” said Khalid.

In Selangor, it will be held in Section 15, Shah Alam; Teluk Panglima Garang, Banting; along the Federal Highway; Jalan Barat, Petaling Jaya; Bukit Raja, Klang; Sungai Choh, Rawang.

In Kuala Lumpur, Khalid would be leading the picket in front of the Employees Provident Fund (KWSP) building at Jalan Raja Laut.

In other states, it has chosen single venues for the picket from 5 to 6.30pm. The other venues are the Pearl View Hotel in Prai, Penang; Jalan Bukit Beruang, Melaka; Kota Baru Trade Centre in Kelantan; 5th Mile Jalan Skudai in Johor; Majlis Perbandaran Seremban field in Negeri Sembilan; MTUC building in Ipoh, Perak; Sime Tyres International in Mergong, Kedah; Tang Dynasty Hotel in Kota Kinabalu.

Pickets would also be held in Kuching, Sarawak. The locations, however, have yet to be confirmed.

The picket is the second by MTUC against the amendments that were passed on Oct 7.

The first was held Oct 3. MTUC is opposing certain articles in the amendment that waives employers of their responsibilities to compensate retrenched workers.

The amended articles would also allow employers to delay overtime payments to workers by a month.

“There won’t be ceramah or marching. It will be just a peaceful gathering,” said Khalid, and added that the MTUC did not apply for permits to hold the picket.

“We informed the police via letter last week on the venues for the picket so that they can deploy their men to ensure there is no disruption to traffic flow,” he said. - Free Malaysia Today, 2/11/2011, MTUC to picket nationwide tomorrow

Hindraf slams labour law amendments

Athi Shankar | November 3, 2011 

 

Calling it feudal labour policies, Hindraf's chief P Waythamoorthy claims that the changes will revive the colonial system.

GEORGE TOWN: Hindraf Makkal Sakti has joined the growing chorus against the amendments to the Employment Act 1955, calling on the Putrajaya administration to scrap the changes.

Hindraf Makkal Sakti supremo P Waythamoorthy insisted that the changes would revive the dismantled colonial system in which indentured labourers were brought in from India and exploited in this country to benefit the ruling class.

The London-based leader described the amendments as feudal labour policies in which the rich would mercilessly exploit the working class to get richer.

He dismissed the government’s claim that the changes would reform the labour system, pointing out that the changes were pro-capitalist policies designed to benefit the ruling elites and their rich cronies.

“The working class will remain as the downtrodden society. The government should scrap the amendments and introduce liberal policies for the workforce.

“Amendments should be made to strengthen workers’ rights, interests and benefits, not to deprive them,” Waythamoorthy told FMT.

Critics, especially trade unionists, have claimed that the labour law amendments would exploit workers and benefit political cronies.

They claimed that amendments would promote outsourcing of workers to middlemen without providing any protection for the workers.

Waythamoorthy said the outsourcing formula was similar to issuing taxi permits to Umno and other Barisan Nasional cronies, in which the working class taxi operators benefit little.

‘Return to slavery’

Human Resources Minister Dr S Subramaniam said that the ministry had gone through rigorous consultation with various parties, including workers’ representative the Malaysian Trades Union Congress (MTUC).

He defended the amendments, saying that it was not intended to promote or institutionalise contractors for labour.

He said that it was to ensure workers’ rights were protected when all outsource agents were registered and monitored.

But union groups called the amendments a “return to slavery”, “anti-worker” and “anti-union”.

MTUC had staged a picket outside Parliament and would be organising a nationwide picket against the amendments today.

Stressing on the current workers uprising worldwide against capitalist exploitation, Waythamoorthy called on Putrajaya to do away with the amendments.

“Or else, Malaysian protests against the amendments will turn into a global anti-capitalist movement similar to current demonstrations in America and elsewhere,” he warned. - Free Malaysia Today, 3/11/2011, Hindraf slams labour law amendments