CHARLES HECTOR: MTUC/Unions - tell us which candidate to support, who will defend and increase worker rights in Malaysia?

Monday, November 07, 2022

MTUC/Unions - tell us which candidate to support, who will defend and increase worker rights in Malaysia?

The MAIN issue of Workers in Malaysia today is REGULAR(or permanent employment), where every year, there will be salary and rights increment.

Problem is that the government who have the power to ensure REGULAR employment, have not bothered and allowed SHORT-TERM CONTRACT EMPLOYMENT usually for 1 year. If you are RETRENCHED or terminated before 12 months of employment, you are not entitled to TERMINATION AND LAY-OFF BENEFITS

Normally, the longer you work with an employer, not only wage increase commonly happens every year, and your rights like to annual leave and sick leave also increases.

BUT, if you are on a 1 year contract, you lose it all - the benefits of REGULAR employment until retirement...

So, the MINIMUM that government can ensure is REGULAR EMPLOYMENT for all > of course, if the employer goes bankrupt or do not need so many workers, still can RETRENCH. If you commit a very serious misconduct, you may still be terminated. So, no disadvantage to the employer - but Regular employment provides so much for the Worker (including FREEDOM from stress not knowing whether employer will extend contract or not)

Section 60E Annual Leave, Employment Act 1955
(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,
EMPLOYMENT (TERMINATION AND LAY-OFF BENEFITS) REGULATIONS 1980
3 General provisions for the entitlement of employees to termination or lay-off benefits payment
(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 if-
(a) the contract of service of the employee is terminated; or
(b) the employee is laid-off within the meaning of regulation 5.
(2) For the purpose of this regulation a continuous contract of service for a period of not less than twelve months shall include two or more periods of employment which are not less than twelve months in the aggregate if the intervening period or periods between one period of employment and another does not in the aggregate exceed thirty days.

Looking at some of Party Manifestos, there is only talk about increasing wages - but, more important is REGULAR EMPLOYMENT.

These politicians/political parties just do not know about the REALITY of the worker...

If a worker is on a short-term contract, he/she may not even be interested in forming or joining Trade Unions, and he/she will be to AFRAID to even fight the employer for better worker rights - because of the worry that when his/her contract ends, it will not be extended. Hence, workers' ability to fight for better rights is diminished...so, please abolish short-term contracts in favour of REGULAR employment...

Which MP or Political Party should workers and their families support?

Will Malaysian Trade Union Congress(MTUC) or other Trade Unions or coalitions of Trade Unions help us here >>> TELL us which candidate, if elected, will be good for the worker, who will defend and PROMOTE better worker rights?

To protect Malaysian workers, what exactly is the QUOTA on foreign workers at a workplace?

The use of MIGRANT workers have also caused LOSS of skills in Certain Employments - what is your plan to restore these skills to LOCAL WORKERS - Construction, Farming, etc..

See earlier post