Labour was the first price, the original purchase-money that was paid for all things. It was not by gold or by silver, but by labour, that all wealth of the world was originally purchased.
– Adam Smith, Scottish economist and philosopher
The Malaysian Trades Union Congress (MTUC) Sarawak has once again called for the long-awaited amendments to the Sarawak Labour Ordinance to be expedited for employees to enjoy the same benefits as workers in Malaya.
Previous attempts – during past administrations – to reform the state’s labour laws met with strong opposition from employers and surprisingly, even some politicians.
The Sabah MTUC also appealed to its government to reform its labour ordinance to be consistent with the amendments to the federal Employment Act (Amendment) 2022 to protect employees.
On July 6, Deputy Human Resources Minister Mustapha Sakmud advised Sarawak and Sabah to amend their labour ordinances to be in harmony with federal labour laws.
Though employees in the two Bornean states may not be enjoying benefits as those of their Malayan counterparts, such as the seven-day paternity leave granted to fathers with new-borns, it would be pointless if any reforms to our labour laws are not strictly enforced; amendments are one thing but strictly enforcing the reforms is another matter!
The federal Employment Act (Amendment) 2022 which came into force this year, among other things, shortens the working time from 48 hours to 45 hours, introduces a seven-day paternity leave and increases maternity leave from 60 days to 98 days.
While I agree that our labour laws should incorporate a proper work and family balance and there should be greater flexibility in working arrangements for employees, the amendments should fit the current environment in Sarawak.
Despite the amendments to the Employment Act incorporating several laws to protect workers in Malaya, there are still loopholes arising from the lack of strict enforcement which lead to exploitation of our local workers; forget about foreign worker exploitation which is another issue altogether.
Mustapha Sakmud was calling for Sarawak and Sabah labour ordinances to be consistent with the federal laws. I am not sure if he is aware that worker exploitation in Malaya is still quite widespread.
For example, forcing employees to work after working hours without their approval is not uncommon, especially in family-run companies. Bosses force workers to work for extra hours without any rest, though the workers do get paid for that extra work – but not based on what is stipulated under the Employment Act.
There are companies which rarely allow their workers to take their off days which they are entitled. But the employers would allow them to claim double or triple pay, but that’s not the point.
Workers need proper rest to prevent health issues. Often they are very tired, lethargic, suffering from muscle pain, depressed or even stressed.
When workers complain, they are simply threatened with dismissal. “Anyone who is not happy working here, can leave anytime,” is the common phrase from employers, according to one or two local workers whom I came to know in Petaling Jaya.
When a worker is afraid of losing his job because he thinks he will be unable to survive without it, he is more than willing to endure the harsh working conditions; he is ‘tolerant’ to being abused by his ‘towkay’ because he doesn’t want to face the risk of being fired.
Of course, employers see this fear as an opportunity to exploit their poor workers. Workers are vulnerable when they think they cannot get jobs elsewhere.
Employees should never allow anyone to exploit them. Never work for anyone out of fear and because there won’t be another job. There are always new jobs available; approach job agencies which are eager to help.
Only workers themselves can stop bosses from exploiting them. Say ‘enough is enough’ and move on. It’s not the end of the world if you are jobless for a while.
Expose the slave drivers and report them to the authorities!
Following are key provisions of the Employment Act which came into force effective Jan 1 2023:
Working hours and overtime: The regular working hours in Malaysia are eight hours a day and 45 hours a week, effective January 2023. If an employee is required to work overtime on a normal working day, he/she must be paid 1.5 times the hourly wage rate.
Annual leave: Employees in Malaysia are entitled to paid annual leave depending on the number of years of service. Less than two years – eight days; two to five years – 12 days; more than five years – 16 days.
Sick leave: Full-time employees are entitled to paid sick leave in accordance with the length of service with the company. Less than two years – 14 days; two to five years – 18 days; and more than five years – 22 days.
Maternity leave: Female employees in the private sector are entitled to 98 days of maternity leave, while employees in the public sector are entitled to 90 days of maternity leave.
Termination notice: According to section 12 of the Employment Act 1955, the employer or employee must give notice within the following lengths. Those employed for less than two years – four weeks’ notice; employed between two to five years – six weeks’ notice; and employed for longer than five years – eight weeks’ notice.
Severance payment: Employees employed for less than two years are entitled to 10 days’ wage for every service year completed; those hired for two to five years are entitled to 15 days’ wage for every year completed; and employees of five or more years are entitled to 20 days’ wage for every year completed.
Workers who are dismissed for misconduct, and those who voluntarily terminate their contract or retire are not entitled to severance pay.
Let’s wait and see what the amended Sarawak and Sabah labour ordinances (if the governments decide to go ahead with the reform) have to offer to employees.
I end with a quote from Bertolt Brecht, German theatre practitioner and playwright: “The law was made for one thing alone, for the exploitation of those who don’t understand it.”
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.
