S'wak MTUC miffed over lack of inclusivity in Employment Act amendments

The Sarawak chapter of the Malaysian Trades Union Congress (MTUC) has expressed displeasure over a lack of inclusivity in the Employment Act 1955 amendments, calling on the federal government to table in Parliament the Borneo states’ adoption of the amendments into its labour ordinance.

Its secretary Andrew Lo reminded Human Resources Minister M Saravanan that the labour ordinances in East Malaysian states, also known as Sabah Chapter 67 and Sarawak Chapter 76 (SLO) ordinances, were federal laws that had to be amended in Parliament.

“In June, the state government announced that it had agreed to amend the SLO to be on par with the amended Employment Act.

“There is no reason to delay the tabling of the amended SLO at the next Parliament session.

“The minister should have passed it during the July sitting,” Lo told Malaysiakini, with concern that East Malaysian workers would once again be excluded from progressive new laws.

Lo (above) was responding to Saravanan’s statement last Friday, that workers in the Borneo states would not enjoy new rights brought about in the amendments to the Employment Act until it was approved by their respective state governments.

In June, Sarawak Deputy Minister in the Premier’s Department (Labour, Immigration and Project Monitoring) Gerawat Gala reportedly confirmed the state government’s amendment of the SLO.

The Borneo Post reported Gerawat’s announcement of the state’s decision and its eagerness to have the SLO passed by Parliament to make the legislation consistent with international labour conventions.

The amendments to the Employment Act were passed in both Houses of Parliament on March 30 and on June 15. Saravanan said the new clauses would take effect on Sept 1.

Deferred to next year

However, on Friday the minister announced a deferment on the implementation of the amendments from Sept 1 to Jan 1 next year explaining that the three-month delay was to allow employers time to beef up their respective workforce.

Labour groups and trade unions were not happy with Saravanan’s decision and rebuked him for his tacit approval of the employer’s request for delays.

Labour groups had also urged Saravanan to revert to the Sept 1 implementation date.

Yesterday, Saravanan reiterated the reasons behind his deferment decision, adding that he had taken into consideration views from all quarters, including that of the MTUC.

MTUC president Effendy Abdul Ghani reportedly denied having met with Saravanan to discuss the postponement.

More hurdles

Lo asked how the delay in implementation of the new benefits in the amended Act would help employers facing worker recruitment difficulties.

He pointed out that the delay could pose another hurdle for employers instead, as workers would be reluctant to work without the new benefits.

The amendments introduced some progressive rights for workers including a reduction of working hours from a 48-hour work week to 45.

Saravanan confirmed that migrant workers too would enjoy the new benefits.

However, in June, Labour Law Reform Coalition co-chairperson Gopal Kishnam expressed doubt that the Labour Department would be able to implement the 45-hour work week effectively.

He shared with Malaysiakini that his suspicion was based on the department’s poor track record on action taken against errant employers in accordance with penalties stated in the law.

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