Monday, December 20, 2010

BN must respect workers' right to an 8-hour working day - and not support 12-hour shifts

Local workers cannot cope working 12-hour shifts - and, as such the government will bring in migrant workers ...

“The locals cannot cope with the 12-hour shift and, because of that, operators say they don’t have enough workers to ensure their business runs smoothly.

“To overcome this, the Govern­ment is prepared to increase the numbers and I believe this can be resolved in the near future,” he said when opening the Malaysian Indian Muslim Congress’ (Kimma) 34th annual delegates conference at the Putrajaya International Convention Centre yesterday. -Star, 13/12/2010, Govt may consider allowing more foreign workers for restaurants
The Deputy Prime Minister has forgotten  about rights that workers have fought for, and which is now universally recognized...i.e. an 8-hour working day, one fully paid rest day per week, fully paid annual leave, sick leave,  etc..

It is also there in our Malaysian Employment Act - and, as such a government that respects worker rights should call on employers to have 3-shifts of 8 hours each, and not 2 shifts of 12 hours each.

What the Deputy Prime Minister should have said was that locals would be interested if the conditions of work is improved, and proper living wages were paid. A worker who works 8-hours a day, 48 hours a day without having to work overtime and/or on rest days/public holidays should be able to take home a decent living wage sufficient for the worker and their families.

If other restaurants and diners are able to attract and employ local workers, maybe the problem is not a shortage of workers but really the current conditions of work which may be 'exploitative' and need to be improved to meet international/national standards. 

Remember, that there is a provision in the law that prevents the discrimination based on nationalities, and employers must realize that they are required by law to pay the same wages to foreign workers also.

60A.  Hours of work. (Employment Act 1955)
(1)Except as hereinafter provided, an employee shall not be required under his contract of service to work-
(a) more than five consecutive hours without a period of leisure of not less than thirty minutes duration;
(b) more than eight hours in one day;
(c) in excess of a spread over period of ten hours in one day;
(d) more than forty-eight hours in one week:
Provided that-
(i) for the purpose of paragraph (1) (a), any break of less than thirty minutes in the five consecutive hours shall not break the continuity of that five consecutive hours;

(ii) an employee who is engaged in work which must be carried on continuously and which requires his continual attendance may be required to work for eight consecutive hours inclusive of a period or periods of not less than forty-five minutes in the aggregate during which he shall have the opportunity to have a meal; and

(iii) where, by agreement under the contract of service between the employee and the employer, the number of hours of work on one or more days of the week is less than eight, the limit of eight hours may be exceeded on the remaining days of the week, but so that no employee shall be required to work for more than nine hours in one day or forty-eight hours in one week.
Really, the UMNO-led BN government must begin to care about the welfare of workers and their families, and not just be bothered with the concerns of companies and employers only.

PUTRAJAYA: The Government is prepared to consider increasing the numbers of foreign workers, especially those from India, to meet the needs of mamak restaurants.

Deputy Prime Minister Tan Sri Muhyiddin Yassin said he was informed that not many locals were interested in working at such restaurants, thus causing a shortage of workers.

Opening speech: Muhyiddin giving his speech during Kimma’s delegates conference in Putrajaya yesterday.

“The locals cannot cope with the 12-hour shift and, because of that, operators say they don’t have enough workers to ensure their business runs smoothly.

“To overcome this, the Govern­ment is prepared to increase the numbers and I believe this can be resolved in the near future,” he said when opening the Malaysian Indian Muslim Congress’ (Kimma) 34th annual delegates conference at the Putrajaya International Convention Centre yesterday.

Kimma is an associate member of Umno.

Muhyiddin, who is also Umno deputy president, said Kimma members had every right to government aids including for education and business.

“I would suggest to Kimma to present to the Government a comprehensive plan on how to help the Indian Muslim community progress in business and education fields.

“This will enable us to take effective actions to help them,” he said.

On the request that a Kimma representative be appointed in the Government, Muhyiddin said it would also be considered.

Kimma president Datuk Syed Ibra­him Kader, in his speech, said there was an acute shortage of workers from India to work at about 12,000 mamak restaurants throughout the country.

He said the present quota of 25,000 was insufficient to meet the requirement of the restaurants that mostly opened for 24 hours, adding that the unwillingness of locals to work at the restaurants was another reason for the shortage. -Star, 13/12/2010, Govt may consider allowing more foreign workers for restaurants


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