They do not understand Malaysian WORKER rights and NEEDS - That has been the problem with Malaysian political parties and coalitions - as reflected in party commitments and ELECTION MANIFESTOs - they believe that Minimum Wage increases are the main issue for Malaysian workers...(or sometimes protection against migrant workers)...
RETIREMENT AGE - What is the use for NON-REGULAR workers as increasing RETIREMENT AGE does not benefit workers on fixed term employment contracts?
MATERNITY LEAVE and RIGHTS - you have to a REGULAR employee to benefit from this. If you are a employee under a a short-term 1 year employment contract - NO USE, because you will no longer be an employee and thus will NOT BENEFIT from this new MATERNITY LEAVE and rights...
WHY is this? Primarily it is because politicians and political party, and MPs/ADUNs seem to be pro-business/employers, and not so bothered about the POOR Malaysian worker.
What does a Malaysian worker need? After his/her studies, the Malaysian moves on to find regular employment - a secure Employment/Job which will generate regular and dependable income - then he/she takes next step in setting down - marriage, kids, home and establishing relationship with community, religious institution - he also may buy homes, which he/she intends to live long in possibly until retirement..
BUT the problem these days is that the Worker cannot get REGULAR employment because the Malaysian government is OK with short-term employment contract, which means every year the problem of finding new jobs which generally means starting all over again with a low salary and lesser rights ....and sometimes, it is difficult to find employment in the same area - causing families to live apart, or having to move again...
A GOOD GOVERNMENT can abolish such PRECARIOUS short term employment practices > insisting that ALL workers be employed as REGULAR EMPLOYEES until retirement, ensuring also that worker wages increase as the work longer, and so too some basic rights like ANNUAL LEAVE, SICK LEAVE and also the availability to Termination/Retrenchment Benefits... This a Government concerned about the plight of Malaysian workers and their family would do > the present PH-led MADANI government, just like the previous BN regime is not bothered to assist the Malaysian worker...(An MP/ADUN is assured of 'employment' of 4-5 years, but the Malaysian worker is only assured of 12 months or less employment.
WAGES is important, BUT not as important as REGULAR EMPLOYMENT ... This is what political parties do not understand...
ONLY 8.6 million full-time(REGULAR) employees - more that 8 Million NOT REGULAR employees?
Malaysia’s total workforce comprises approximately 17.1 million employed persons. Of these, about 12.5 to 12.6 million are classified under the "employees" category. While the government does not publish an official, continuous split between regular (permanent) and contractual workers, the Department of Statistics Malaysia (DOSM) reported that 8.6 million (86.1%) of the total paid workforce were full-time employees.
REGULAR EMPLOYMENT is the main issue that Malaysian workers want, especially in the B40 and M40 categories?
Without REGULAR employment, workers get employed on short-term contracts(1 year or less), and they LOSE the RIGHTS provided in Employment Act, a law enacted for Regular Employees, which see RIGHTS increase the longer they are employed...
PAID ANNUAL LEAVE - Section 60E Employment Act - Annual leave
(1) An employee shall be entitled to paid annual leave of-
(a) eight days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of less than two years;
(b) twelve days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of two years or more but less than five years; and
(c) sixteen days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of five years or more,
and if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual leave shall be in direct proportion to the number of completed months of service:...
PAID SICK LEAVE - Section 60F Employment Act Sick leave
(1) An employee shall, after examination at the expense of the employer-....
...be entitled to paid sick leave-
(aa) where no hospitalisation is necessary-
(i) of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;
(ii) of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years;
(iii) of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; or
(bb) of sixty days in the aggregate in each calendar year if hospitalisation is necessary, as may be certified by such registered medical practitioner or medical officer: ...
THUS, the longer the Malaysian worker works with the same Employer, his/her legal entitlement to PAID Annual Leave, PAID Sick Leave, ... increases according to Malaysian law.
However, if an employee is employed by virtue of a SHORT-TERM Employment Contract - the Malaysian worker WILL NOT get these rights provided in law, and this is UNJUST. After one employment contract, he has to find employment again and again > and his entitlement to RIGHTS that increase with the length of employment is DENIED to this Malaysian worker...
WOULD PROVISION OF REGULAR EMPLOYMENT PREJUDICE THE EMPLOYER - NO it does not but it certainly prejudices the Malaysian worker-VOTER and their families.
Because with REGULAR employment too, a worker can be DISMISSED for a serious breach of employment contract, or if he/she commits a serious Employment Misconduct...
If the employer no longer needs the worker because the specific work is no more, or by some reason the number of workers needed decreases, the employer can LEGALLY RETRENCH the Malaysian worker... so, no problem.
Under REGULAR EMPLOYMENT, usually the employer first employs the worker on PROBATION (reasonably 3 months or less) to give the employer the opportunity of evaluating the suitability of the worker, and if NOT suitable, Employer will NOT CONFIRM the worker's employment...
NOW, the Malaysian law also provides for an EMPLOYMENT BENEFIT - termination and lay off benefit...
Regulation 6 EMPLOYMENT (TERMINATION AND LAY-OFF BENEFITS) REGULATIONS 1980 - Amount of termination or lay-off benefits payment
(1) Subject to the provisions of these Regulations, the amount of termination or lay-off benefits payment to which an employee is entitled in any case shall not be less than-
(a) ten days' wages for every year of employment under a continuous contract of service with the employer if he has been employed by that employer for a period of less than two years; or
(b) fifteen days' wages for every year of employment under a continuous contract of service with the employer if he has been employed by that employer for two years or more but less than five years; or
(c) twenty days' wages for every year of employment under a continuous contract of service with the employer if he has been employed by that employer for five years or more,
and pro-rata as respect an incomplete year, calculated to the nearest month...
But, NOTE no termination/lay-off(retrenchment) benefits if not employed for MORE than 12 months - so THIS right is denied the short-term employment contract Malaysian worker...Regulation(1) Subject to these Regulations, an employer shall be liable to pay termination or lay-off benefits payment calculated in accordance with regulation 6 to an employee who has been employed under a continuous contract of service for a period of not less than twelve months ending with the relevant date...
What else do these short-term employment contract workers lose out on - RIGHT TO REINSTATEMENT because of wrongful dismissal. The main claim is the RIGHT to go back to the employment...
For the regular employee, who already has the right to be employed until RETIREMENT Age - this right makes sense - for when they WIN in Court - the employer gives the worker back the employment, and all the backwages from the date of wrongful dismissal/termination without loss of benefits until the worker goes back to work...
HOWEVER, for a 1 year short-term employment worker > his RIGHT to be employed is JUST 1 year, and so, if he/she is WRONGFULLY terminated/dismissed, will he/she file for wrongful dismissal claiming reinstatement... By the term the case is OVER, that worker because of the '1 year employment contract' has NO MORE right to be employed back ...UNJUST >> so many of the workers whose rights have been violated by WRONGFUL dismissal do not even file a case to get JUSTICE...
That is WHY Malaysia MUST ABOLISH SHORT-TERM employment contracts, and INSIST that workers be employed as REGULAR EMPLOYEES - right to be employed until RETIREMENT AGE.. {What is the use of increasing RETIREMENT age when it benefits not the short-term employment contract employee, whose numbers are GROWING as the opportunities for regular employment is on the decline??}
DIRECT EMPLOYMENT is the 2nd Problem.
Now, many principal or owner of a workplace or a business want to EVADE employee-employer relationship with their workers, thus they use workers supplied by labour suppliers(contractor for labour, etc) who remain employees of the labour suppliers themselves - not becoming employees of the principal or owner of a workplace.
That mean 2 classes of workers at the same workplace, although still under the supervision/control of the principal/owner of the workplace.
Wages for the EMPLOYEES paid principal/owner, while the supplied workers are paid by the labour supplier employer > Hence, a posible violation of the equal work equal pay principles.
In the begining, it was only migrant workers who were supplied workers(sometimes referred as 'outsourced' workers), but today there are more and more LOCAL Malaysian workers.
Supplied workers HAVE NO RIGHT to fight for better working conditions > which is controlled by the principal/owner of the workplace.
Whilst the government now only looks at 'EMPLOYEES' not workers at the workplace, even migrant-local worker QUOTAS can be ignored and violated. Why? As far as the principal/owner's employee are considered, the QUOTA is followed, but if the total workers(including supplied workers are considered) - then there me more migrant workers in a workplace than allowed.
This REALITY also weaken TRADE UNION power to fight and get better rights - because now Trade Unions represent a much lower worker percentage of the workforce. Even if a STRIKE happens, the employer may be able to continue operations using these supplied workers...so the capacity of TRADE UNIONS to get better rights and working conditions weakened.
In the beginning, when the Employment Act was enacted in 1955, this problem of using NON-EMPLOYEE workers was anticipated - and the government put in a mechanism to overcome this problem to ensure that ALL workers at the workplace are EMPLOYEES of the principal/owner of the workplace >>> HOWEVER to date, no government from the Barisan Nasional, PN and/or the Pakatan Harapan government has used this provision of law that just require a MINISTER's order to ensure all workers at a workplace are ALL Employees of the principal/owner of the said workplace - and this means that governments, until the MADANI government are not concerned about worker rights or trade unions, and are pro-employer...a fact now, after the MADANI government Human Resource Minister have been found by the HIGH COURT to BIASED in favour of Employer/Businesses > and guess what, PM Anwar Ibrahim to date did not even apologize to the Malaysian Worker, and ensure that the government will no more be pro-Business and will henceforth be-PRO WORKER? Do workers and their families want to VOTE for such governments that do not protect Malaysian workers and their rights...
Section 2A Employment Act - Minister may prohibit employment other than under contract of service
(1) The Minister may by order prohibit the employment, engagement or contracting of any person or class of persons to carry out work in any occupation in any agricultural or industrial undertaking, constructional work, statutory body, local government authority, trade, business or place of work other than under a contract of service entered into with-
(a) the principal or owner of that agricultural or industrial undertaking, constructional work, trade, business or place of work; or
(b) that statutory body or that authority.
(2) Upon the coming into force of any such order, the person or class of persons employed, engaged or contracted with to carry out the work shall be deemed to be an employee or employees and-
(a) the principal or owner of the agricultural or industrial undertaking, constructional work, trade, business or place of work; or
(b) the statutory body or local government authority,
shall be deemed to be the employer for the purposes of such provisions of this Act and any other written law as may be specified in the order.
A Minister's ORDER is all that is needed - and that will automatically make all workers of the workplace, an EMPLOYEE of the principal/owner of the workplace, thus allowing all employees to join Trade Unions and collectively fight to improve worker rights and worker conditions at the workplace.
IT IS FOOLISH FOR WORKERS AND THEIR FAMILIES, AND FAMILIES OF FUTURE WORKERS TO VOTE FOR POLITICAL PARTIES THAT DOES NOT COMMIT TO DEFENDING AND PROMOTING WORKER RIGHTS - ENSURING THAT ALL WORKERS GET REGULAR EMPLOYMENT(Until Retirement Age), and THE RIGHT TO BE DIRECTLY EMPLOYED BY THE PRINCIPAL/OWNER OF THE WORKPLACE/BUSINESS ...
What is happening to Malaysian Government and GLCs - are they also providing short-term precarious employment? Are they also using 'supplied workers'(not their employees) as workers NOT EMPLOYEES of their workplaces?
WORKERS make the biggest number of VOTERS - so vote for parties that promise REGULAR EMPLOYMENT and DIRECT EMPLOYMENT to Malaysian workers...
WE need the following INFORMATION from the government
How many Malaysians enjoy REGULAR Employment in Malaysia?
How many Malaysians only have SHORT-TERM Contract Employment?
How many Malaysians are now WORKERS supplied by Labour Contractors to work in the workplace of the Principal/Owner of the workplace as workers NOT employess of the principal/owner of the workplace?
IS it a growing trend for short-term or fixed-term employment rather than providing REGULAR employment?
Is the GOVERNMENT too now not providing REGULAR EMPLOYMENT but more and contractual short-term employment?






