Minimum Wage - Great Achievement for Workers - but the quantum and when they will get it is SAD news

Good News that Malaysia finally has a Minimum Wage - this is something most countries have had for a very long time.

Sad news that workers will not be receiving this minimum wage until - Date of Gazettes + 6 months....(or 12 months in some cases) - and even then employers may be allowed to delay payment of minimum wages. The government should have fixed that these minimum wages should be paid by 1st June 2012... [As it stands, it looks like workers will not get the benefit of minimum wages until maybe 2013... and that is too far away..Wonder also at what speed our Minister will gazette it???]

Sad news - this minimum wage is really too low - for the cost of living has risen...and continues to rise...

MINIMUM WAGE - I do hope that employers realize that this is the 'minimum wage' - and that they do pay their workers a decent just living wage which is much more higher than the sum stated.

01 May 2012 | Last updated at 01:34AM

Minimum wage cheer for workers 

By AZURA ABAS, SEAN AUGUSTIN AND ALANG BENDAHARA

RM800 TO RM900: Ruling to be implemented in six to 12 months

PUTRAJAYA: THE minimum wage for the private sector has been set at RM900, or RM4.33 an hour, for the peninsula and RM800, or RM3.85 an hour, for Sabah, Labuan and Sarawak.

In announcing this last night, Prime Minister Datuk Seri Najib Razak said this was in preparation for Malaysia morphing into a high-income nation.

He said the new minimum wage scale would cover all economic sectors, except for domestic services, involving maids and gardeners.

“Once the Minimum Wage Order is gazetted, employers will be given six months to implement it.

“However, employers of micro enterprises will be given 12 months to do so as we understand they will need more time to make the necessary adjustments and ensure their businesses are not affected,” he said ahead of Workers Day.

The 12-month extension, however, will not apply to professional firms, such as medical and dental clinics, law, architectural and consultation firms, even if they have fewer than five employees.

Najib believed the time given to make the transition would be sufficient for employers to restructure their workers’ salaries.

“We are also preparing a flexible mechanism to allow employers who really cannot implement the minimum wage policy (within the given time) to apply for an extension.”

The policy will benefit some 3.2 million workers in the small- and medium-enterprise sector who earn an average of less than RM700 a month. They represent 33 per cent of the workforce who live below the poverty line of RM763.

It is learnt that the minimum wage is also to encourage locals to take up jobs and reduce the dependency on foreign workers.

“The introduction of the minimum wage is a historic moment for Malaysia. The lowest paid will now be guaranteed an income that lifts them out of poverty and helps ensure that they can meet the rising cost of living.

“In making their recommendations, the National Wage Consultation Council carefully assessed the economic conditions.

The proposed rates take into account the needs of businesses, while ensuring that no Malaysian is left behind in the country’s economic progress.”

The government is putting together another mechanism by allowing employers to take into account the allowances or fixed cash payment in the calculation of the minimum wage.

Najib said the government was aware of employees’ demands to set the minimum wage higher at between RM1,200 and RM1,500.

“But for a start, and as what was proposed by the National Wages Consultative Council and based on the World Bank’s study, the minimum wage cannot be set too high.

“If it is set above RM900 (basic salary), the impact can be detrimental to the nation’s economy, labour market and foreign investment in Malaysia.”

Should this happen, Najib feared the industry would be unable to operate effectively and spark concerns among workers that they may lose their jobs.

“Workers’ welfare and national interests will be affected.”

Najib said the government also realised its decision to have a different minimum wage scale for the peninsula and the rest of the country would expose itself to criticisms of being unfair.

“The varying minimum wage scale is because of the differences in salaries and cost of living.”

Nonetheless, Najib assured that the minimum wage scale would be reviewed from time to time so that a single minimum wage scale could be introduced for all.

In Sabah, Labuan and Sarawak, employers are able to pay an average of RM577. For the peninsula, this is RM1,131. If a single minimum wage is set, it can lead to destabilisation of the economy, especially in Sabah and Sarawak, as employers would not be able to pay the salaries.

The Human Resources Ministry is working on a plan to have a single minimum wage scale. It hopes to do this during its reviews to be conducted every two years.

It is expected that more Sabah and Sarawak workers may return to their hometowns after the announcement as they will be able to get better pay.

There is also no discrimination between local and foreign workers as the minimum wage is applicable to all, in accordance with international labour standards.

Errant employers can be fined RM10,000 per employee. For a continuous offence, they can be fined RM1,000 per day. Repeat offenders face a RM20,000 fine or five years’ jail, or both.

Najib yesterday wished Malaysians a Happy Workers Day 2012. In a posting at his 1Malaysia blog, he said the success achieved and enjoyed by the country in the past, present and future would not be possible without the contributions and sacrifices made by Malaysian workers. - New Straits Times Online, 1/5/2012.

Source: http://www.nst.com.my/top-news/minimum-wage-cheer-for-workers-1.79469

Foreign Domestic Workers Recommendations to the ASEAN Intergovernmental Commission on Human Rights (21/10/2011)

Foreign Domestic Workers Recommendations to the

ASEAN Intergovernmental Commission on Human Rights (21/10/2011)

We, the migrant domestic workers groups, NGOs and regional networks, present our recommendations to the ASEAN Intergovernmental Commission on Human Rights (AICHR) on the rights of all women foreign domestic workers, documented and undocumented.

Firstly, we would like to express our appreciation for the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers.  However, we are concerned that large numbers of migrants are currently excluded from its protection and therefore strongly urge the inclusion of undocumented migrants and families of all migrants.

We call on AICHR to inform all ASEAN member states of the critical importance of the ILO Convention and Recommendations concerning Decent Work for Domestic Workers (No 189) particularly Thailand, Malaysia, Myanmar/Burma and Singapore, and to persuade all ASEAN member states to ratify the Convention within the coming year.

We express our disappointment over the slow pace by which ASEAN member states are ratifying the UN International Convention for the Protection of Migrant Workers and Members of Their Families (1990).  We therefore urge AICHR to persuade ASEAN Member States, especially destination countries to also immediately ratify this International Convention.

Following our consultations, we also make the following recommendations.  We strongly urge AICHR:

1.        To promote the reform of national laws of all ASEAN member states and all regional policies and regulations to recognise domestic work as work.

2.         To support the development of mechanisms which provide access to justice for migrants across and beyond borders.  These would include among other specialised services, interpretation services, legal assistance, and temporary shelters and the right of migrants to stay and work during legal process.

3.         To work with governments to develop social security systems which include migrants.

4.         To uphold migrants’ rights to decent work, including the right to change employers, to just wages, to maternity leave, to healthcare and to rest days.

5.         To establish national and regional mechanisms and bodies to help ensure that policies and legislation comply with international treaties/conventions.

6.         Regarding the recruitment and employment processes, to work towards the abolition of labour outsourcing companies, recruitment agencies and labour suppliers.  To ensure employment relationship be by direct hiring[1] that is most beneficial to migrant workers.

7.         To ensure that all ASEAN member states provide equal and adequate access to health care and treatment for migrants and their families and remove all mandatory health and pregnancy testing and immediately call a halt to the practice of terminating employment contracts and deporting migrant workers based on health and/or pregnancy status.

8.         To promote and protect migrants’ rights to mobility and freedom of movement.

9.         To promote and protect migrants’ rights to organize and freedom of association.

10.     Arrest, detention and deportation for immigration irregularities should be avoided where possible, but in cases where deportation of migrants is carried out, we call on AICHR to monitor the process to ensure the dignity and safety of migrants during these processes.

11.     AICHR and ASEAN member states must ensure the right of every migrant to hold their own passport and documents (travel, identity cards, work permits, contract, etc.).  To ensure migrants’ right to be heard and due process.  There should not be any termination or cancelation of visas and other legal documents without the presence of the holder (migrant).

12.     To ensure that migrants who have been trafficked are entitled to protection and empowerment services.  There should be no deportation or detention of victims of trafficking, witnesses and other migrants affected by raids.  AICHR and ASEAN member states should ensure the victim’s right to stay and work and ensure their access to adequate remedies and compensation.

13.     Lastly, we call on AICHR to urge ASEAN member states to promote women’s livelihood options both at home and abroad, and to ensure that women have access to education and resources and choices in employment.

On behalf of:

United Foreign Domestic Workers Rights	ACHIEVE (Action for Health Initiative) (Philippines)
CARAM Cambodia	Tenaganita (Malaysia)
Solidaritas Perempuan (Indonesia)	Workers Hub for Change
Asia Pacific Mission for Migrants	Asia Pacific Forum on Women, Law and Development
MAP Foundation, Thailand	Mekong Migration Network
CARAM Asia	INDIES (Indonesia)
ATKI (Indonesia)	Asian Migrants Coordinating Body
Human Rights Working Group (Indonesia)

For further information, please contact:

Ms Khairiah Makata CARAM Asia Email: khairiah@caramasia.org  Phone: +603 2282 7708; +603 2282 1669

Ms Huong Tran Asia Pacific Forum on Women, Law and Development Email:  huong@apwld.org

---

[1] ‘Direct hiring’ is defined as the direct employment relationship between employers (owner/operator/end-user /principal employers) AND workers to the exclusion of third parties including labour suppliers.

Migrant Workers(Documented) 2010 - 1,817,817 from Indonesia, Bangladesh, Nepal, Burma...

Appreciation to Senator Ramakrishnan, who have send me recent statistics on migrant workers in Malaysia, that was obtained as a response to a Parliamentary question raised. The answer is in Bahasa Melayu - and the rough English Translations are mine.

Like Senator Rama, I do hope that other Members of Parliaments(MPs), Senators and State Assembly Persons will also share the information to the general public when they get it from the government through Parliamentary questions and other means. If it concerns human rights, workers and migrants, just send it to me at chef@tm.net.my and/or easytocall@yahoo.com, and I will certainly help make this information public by highlighting it in my blog, etc..

We still need to fight for all written questions and their answers to be made available to the public on the Parliamentary Website - now it is not, and this is an improvement we should have towards greater transparency and accountability. Too many answers given by the government to elected people's reps end up in files - and the information just do not reach the public. Use your blogs MPs, Senators, ADUN - sent it out to people who will get it out to the public... Pakatan Rakyat can also compile and publish all written questions and answers...

PEMBERITAHUAN PERTANYAAN DEWAN NEGARA SESI JULAI 2011

 Notice of Question in the Malaysian Senate's session July 2011

PERTANYAAN        : BERTULIS

Question                 : Written

DARIPADA               : Y.B. SENATOR DR. S. RAMAKRISHNAN

 From

Soalan/Question

Dr. S. Ramakrishnan minta MENTERI DALAM NEGERI menyatakan:

Dr S. Ramakrishnan asks the Home Minister to state:-

(a)         statistik pekerja asing mengikut negara asal mereka dan sektor pekerjaan kerana terdapat pendatang asing ini yang menyalahgunakan pas pelajar dan pas lawatan sosial dengan melakukan pekerjaan yang tidak bermoral seperti pelacur dan pengemis; dan

          statistics of migrant workers according to their country of origin and sector of work as there are foreign migrants that abuse their student passes and social visit passes by doing immoral work like prostitutes and beggars, and

(b)        apakah tindakan kerajaan untuk membanteras perniagaan secara haram yang dilakukan oleh pendatang asing ini di negara kita.

what is the government action to curb illegal businesses done by foreign migrant in our country

Jawapan

Answer

Saya mengucapkan terima kasih kepada Yang Berhormat Senator di atas soalan yang dikemukakan.

I wish to thank the Senator for the question that has been submitted

Mengikut statistik daripada Jabatan Imegresen Malaysia, bermula dari 1 Januari 2010 sehingga 31 Disember 2010, terdapat seramai1,817,817 warganegara asing yang memegang Pas Lawatan Kerja Sementara (PLKS) yang aktif.

According to the statistics obtained by the Malaysian Immigration Department, begining 1 January 2010 until 31 December 2010, there are 1,817,817 foreign nationals that are holding Social Visit (Temporary Employment) Passes that are active.

Warganegara asing hanya dibenarkan bekerja dalam enam (6) sektor seperti berikut:

Foreign nationals are only permitted to work in six(6) sectors as follows:

i.               Pembantu rumah [Domestic Worker]

ii.             Pembinaan [Construction]

iii.           Pembuatan [Manufacturing]

iv.          Perkhidmatan [Services]

v.            Perladangan [Plantations]

vi.          Pertanian [Agriculture]

Lima buah negara sumber yang mempunyai pekerja asing paling ramai di Malaysia dari 1 Januari 2010 sehingga 31 Disember 2010 adalah seperti berikut:

Five(5) source countried that have the most number of migrant workers in Malaysia as from 1 January 2010 until 31 December 2010 are as follows:-

Negara Sektor	INDONESIA	BANGLADESH	NEPAL	MYANMAR	INDIA
Pembantu rumah	189,391	64	63	114	497
Pembinaan	151,333	50,303	3,050	12,221	3,488
Pembuatan	127,127	144,332	209,446	116,478	7,982
Perkhidmatan	28,587	22,002	26,502	19,368	38,648
Perladangan	214,594	20,480	2,032	3,462	16,954
Pertanian	81,777	82,294	10,323	8,861	27,543
Jumlah	792,809	319,475	251,416	160,504	95,112

 

 English table

Country Sector	INDONESIA	BANGLADESH	NEPAL	MYANMAR	INDIA
Domestic Workers	89,391	64	63	114	497
Construction	151,333	50,303	3,050	12,221	3,488
Manufacturing	127,127	144,332	209,446	116,478	7,982
Services	28,587	22,002	26,502	19,368	38,648
Plantations	214,594	20,480	2,032	3,462	16,954
Agriculture	81,777	82,294	10,323	8,861	27,543
Total	792,809	319,475	251,416	160,504	95,112

Berhubung dengan tindakan untuk membanteras perniagaan secara haram oleh pendatang asing di negara kita, perkara ini adalah di bawah bidang kuasa Kementerian Perumahan dan Kerajaan Tempatan yang mengeluarkan lesen untuk sesuatu perniagaan.

With regard the actions to curb illegal businesses by foreign migrants in our country, this is under the jurisdiction of the Housing and Local Government Ministry that issues licences for a particular business.