Thursday, June 16, 2016

Overtime Policy - Local workers are prejudiced by present 'overtime limits' - 104 hours per month?

Pay Low Wages, and you can force the worker to do overtime just to earn enough to survive...

Overtime is also an issue that determines whether employers preference for local workers would increase or decrease. Local workers generally are willing to do overtime occasionally but certainly not everyday...they have a life outside work - they prefer the '8 hours work, 8 hours rest and 8 hours leisure/social life/family time formula...Note that an 8-hour work day means about 9 hours plus, and factor in also transportation to and from work.. 

OT - workers in Malaysia have a choice to refuse? Reduce draconian OT limit of 104 hours/month to 50 hr/mth

Malaysia now has a draconian legal overtime limit per month that allow employers to 'force' their workers to work 12 hours per day...Why 'force'? Nowadays, local workers also complain that they do not anymore have a choice when it comes to having to do overtime - If you refuse, then you risk losing your employment, or it may affect your promotion and future wage increases too... 

Overtime was usually in exceptionally was for rare situations - but today, it becomes the norm for many workplaces. 

One law that sets limits to overtime was the Employment (Limitation of Overtime Work) Regulations 1980 - and this was amended in 1991, and the limit was increased to one hundred and four(104) hours in any one month. 

The accepted number of working days per month is 26, therefore this regulation allowed for up to 4 hours of  overtime work per day.(104/26).

This is a VERY BAD law - Why? 8 hours normal working hours PLUS 4 hours overtime = 12 hours work everyday. 
Local workers have families and social life - many would not want to be working 12 hours every working day...

Migrant workers are also  human workers - and when the law changes to increase the limit of overtime per month, it will also affect local workers...

Now migrant workers, like local workers also need time to rest, time for leisure and time to work. Workers fought for the 8 hour work per day...and that is also reflected in Malaysia's Employment Act - but alas that right has been eroded over the years. Read Worker and trade union rights in BN-ruled Malaysia(Part 1)


Migrant Workers - they are willing to work long hours and do overtime - Local workers want to work 8 hours per day...

Migrant Workers - they are too scared to fight for their rights...even when they fight for their rights, very easily we can terminate and cancel permit so the migrant worker will be send back. They have no capacity to complain or go to court - how can they when they are already not in Malaysia or become undocumented workers(illegal). Local workers can claim rights - employers cannot escape.

Migrant Workers - because local workers cost more > have to pay them salary plus additional 13% of the salary sum to EPF/KWSP. Migrant workers only have to pay salary. Levy employers have to pay now is also less than 13% of the total salary.

Migrant Workers - because easily exploitable...they got no choice cannot leave and find another employer. Can also hold their passport - and so they are afraid to go anywhere...Local workers cannot do this.

Migrant Workers - When they come to work, they already got a large debt coming to Malaysia - so, no choice for them - they have to work and do everything the employer ask...

Malaysia really must amend the overtime limit from 104 hours per month to a reasonable 60 hours per month, and this limit should apply to all workers..

Wages need to increase not working hours...

Malaysia must really be clear as to whether LOCAL WORKERS are its priority...and by this, we mean now just Public Servants but the millions of workers working in the private sector...

HOW MANY HOURS WOULD YOU WANT TO WORK A DAY? It must be noted in many countries, working hours are becoming less - and workers are able to enjoy a better quality of work...

Malaysia unfortunately is not bothered of worker other than public servants - see how other workers have an unreasonable minimum wage of RM1,000(whilst public servants have a minimum wage of RM1,200). Minimum wage is a guideline but employers are using that as a 'benchmark' and is the starting salaries of many workers... [Minimum wage should be applicable for all employers having more than 10-15 workers, for the smaller employer like shops,etc - there must be options (like profit sharing or income sharing arrangements) as a lot of small retailers in smaller towns really do not have a high income

Public servants get RM500 for Hari Raya - what about the private sector local Malaysian workers?




MEF: Foreign workers request for overtime

June 14, 2016

Some foreign workers do not want to return to work if their request for overtime is not met, says Malaysian Employers Federation executive director.

KUALA LUMPUR: Employers should not be faulted when individual workers request to work overtime on their own accord.

“In fact, there are some (private workers) who do not want to come here to work if their request for overtime is not met,” said Malaysian Employers Federation (MEF) executive director Shamsuddin Bardan when commenting on the number of Nepal workers who have died of heart attacks.

Nepal Ambassador to Malaysia Dr Niranjan Man Singh Basnyat was reported as saying that 70% of the 461 deaths of Nepal workers in Malaysia last year was due to heart attacks, suffered while sleeping, and likely attributed to their long working hours.

– BERNAMA - FMT News, 14/6/2016

Sunday, 12 June 2016 | MYT 12:35 PM

Most deaths of Nepalese workers in Malaysia due to cardiac arrest, says ambassador

KUALA LUMPUR: The Nepal Embassy received 461 death reports of Nepalese workers here last year and 70 percent of them died in their sleep due to a massive heart attack or sudden cardiac arrest.

Nepal Ambassador to Malaysia Dr Niranjan Man Singh Basnyat (pic) said the cause may be due to working long hours, especially under the hot sun while the other 30 percent was due to fatal accidents at workplace, consuming too much alcoholic drinks while a few had committed suicide due to monetary reasons.

Basnyat, who was concerned with the hardworking attitude of his countrymen who are willing to work long hours, wanted them to slow down and take care of their health.

"They might not be aware that they would suffer from fatigue after working long hours under hot and humid conditions and this can result in deaths while sleeping," he said.

He said the embassy also recorded 2,945 deaths of Nepalese workers here over the past 10 years from 2005.

Basnyat said Nepalese workers are reportedly struggling hard to earn money, in the hope that they could remit some funds for their families or settle debts in their own country.

He hoped they will realise the importance of working for eight hours per day instead of the 12 hours per day they worked normally, to ensure they stayed healthy.

He said the tendency of Nepalese workers to consume too much alcohol is another cause of concern that has resulted in deaths due to dehydration as their body may lack water." 

In some cases, Nepalese workers have been reported to have committed suicide due to stress or monetary problems.

He pointed out that most of the Nepalese workers who come to work here have to settle debts owed to their agents or banks in Nepal for their journey to Malaysia, while some 'pawn' their land as collateral to secure loans to ensure their trip here.

"Some (Nepalese workers) are frustrated when they realise they do not have enough money to repay their loan and thus commit suicide as a way out from their misery. However, such cases are few," he added.

To date, Malaysia has about 800,000 Nepalese workers, the highest compared to other countries since statistics show Saudi Arabia and Qatar have about (400,000), United Arab Emirates (300,000), Kuwait (100,000), Oman and Bahrain (50,000) respectively, he said.

Basnyat, who started his duties as ambassador here since 2013, said the embassy had taken several measures to reduce the fatalities among Nepalese here, and has also put up notices in the embassy's website to advise them about the importance of their health.

The embassy also has a slot in Bernama Radio every Sunday from 8pm to 9pm to inform the Nepalese community here about the 'dos and done' while they are here.

"For instance, we always remind them to drink four litres of plain water instead of taking alcoholic drinks," he added.

Meanwhile, according to Deputy Secretary Communication Group Human Rights Commission of Malaysia (Suhakam) Simon Karunagaram, it was normal for migrant workers to work more than 12 hours per day here.

"They have to accept such offers since it was the only way to earn more money to help settle debts or remit money to their families back home," he said, adding that the workers are prone to sickness if they worked continuously for long hours every day.

However, Karunagaram said employers must acknowledge that their workers, including migrant workers, are allowed to work only eight hours a day in accordance with the Employment Act 1955.

"It is all up to their (workers) willingness to work more than eight hours per day. If they work more than normal time, it must be considered as working overtime (OT)," he said.

In the meantime, he urged migrant workers to step up and lodge complaints at their respective embassy or Jabatan Tenaga Kerja under the Ministry of Human Resource if they are mistreated by their employers. - Bernama - Star, 12/6/2016

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