Electrical union rebukes Saravanan over 'tacit approval' of employers’ requests

The Electrical Industry Workers’ Union (EIWU) was appalled by a sudden U-turn by the Human Resources Ministry which would delay the implementation of amendments to the Employment Act 1955, to Jan 1, 2023.

EIWU said the ministry’s tacit approval of employers’ requests sets a dangerous precedent.

On Friday, Human Resources Minister M Saravanan announced that the implementation of Employment Act amendments will be delayed three months from Sept 1 to give employers, who are facing a workers shortage, more time to beef up their workforce with migrant labour.

Saravanan had assured that there would be no further postponements after Jan 1, 2023.

Workers in Malaysia, including migrants, were to enjoy progressive new rights such as 45-hour work weeks, an extension of maternity leave from 60 days to 98 days, restriction on the termination of pregnant employees, and the introduction of paternity leave for married male workers under the new amendments.

The union said it will seek clarification from the ministry if the effective date of a law passed and gazetted by Parliament could be altered or deferred by the minister.

“Otherwise, it is absolutely a mockery of justice,” it declared.

Since the passing of the amendments in both Houses of Parliament, the Employment (Amendment) Act 2022, also known as Act 265, received royal assent on April 26 and was published in the Federal Government Gazette on May 10 this year.

On June 15, Saravanan announced that the amendments would be implemented on Sept 1.

Saddened by the eleventh-hour decision, EIWU, expressed shock that the Malaysia Trades Union Congress (MTUC) was not consulted on the decision to delay the implementation of the amendments.

EIWU also reminded the Human Resources Ministry of its duty to safeguard workers’ rights, pointing out the establishment of the National Labour Advisory Council in 1980.

“We urge the ministry to reinstate the earlier decision to enforce the amendment of Act 265 on Sept 1 instead of Jan 1, 2023,” it said.

Collective agreement setback

The postponement was also a setback to the terms agreed upon in collective agreements between workers and employers in the industry that was to take effect on Sept 1.

Employers are now intending to revisit the clauses agreed upon in the collective agreement.

The union foresees unnecessary strain between trade union workers and employers while the latter attempt to amend the effective date from Sept 1 to Jan 1, 2023.

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