MYANUAR SYNERGY SDN BHD (Company No. U) No. , 1st Floor, Jalan Adenium 2G/9, Pusat Perniagaan Adenium, Seksyen. Excel Advance Training · Kursus Akta Kerja 6 & 7 May PilahTraining Kursus Akta Pekerjaan (Termasuk Pindaan )_MyAnuar_Synergy. Thursday, May 24, . Withdraw the amendments to Employment Act .. Tarikbalik pindaan kepada Akta Kerja
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Monday, September 3, Human Resource Ministry responds to call for abolition of contractor for labour.
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Well, finally we have obtained a proper response from the Malaysian government. Compare with the original Malay letter for confirmation of the accuracy of the translation. I refer to your letter dated 4 th May about the abovementioned matter.
In advance, I on behalf of the Ministry wish to record our appreciation to you for giving your viewpoints about the Employment Act Amendment As you would realize that the changes made are in line with the desire of the Government to implement transformation in the management of industrial relations and as such obviously 201 worker element in catalyzing development of the country is an important factor that much be given attention.
Thus, in realizing this transformation, the Ministry is of the opinion that the said Employment Act need to be strengthened by making necessary amendments to already existing clauses after taking into consideration the views of workers and employers through a tripartite approach to ensure that the welfare of workers is given clear guarantees in labour legislations so that it is always protected.
As you would realize, before the Act was amended there was a pre-existing definition for sub-contractor for labour who functioned to manage workers needed by principals. What was clear was that the practice employment through this sub-contractor for labour has long been occurring and they were not registered.
As a result, it caused the employment of oindaan through this system was not efficiently and effectively controlled.
There were situations where the welfare of the workers was threatened and the employer that committed these wrongdoings were difficult to be identified and appropriate actions taken against them.
The amendment was meant to expand to expand akha scope of usage so that it covers and includes the relationship between principal, contractors and sub-contractors that provide manpower.
Thus, the Ministry, in good faith, brought about this new definition to control the practice of supplying workers by contractor for labour manpower contractors especially in the plantation sector so that it is more organized. For your information, the Ministry did not intend to create simplification or the promotion of contractor for labour manpower contractors.
Vide this amendment it also will not provide opportunity to any party who simply want to be or with intention to be contractor for labour to do without complying with the existing labour legislations.
With 11955 to this, Ministry would like to explain that the practice of contractor for labour manpower contractors is a global phenomenon and Malaysia is not exempt. Thus, the definition of contractor for labour manpower contractors is not a new proposal. This amendment was supported by the National Union of Plantation Pekerjsan NUPW because this practice of supplying workers by contractor for labour manpower contractors pekerjaa already happening and need to be registered with the purpose of increasing transparency, enabling enforcement of pkndaan and protecting the welfare of workers.
The government has also no desire to create difficulty in identifying the true employer in the question of wage payments piindaan absence of the right to unionize. In fact, the real intention of the amendments is to enable the Ministry in particular the Human Resource Ministry to identify positively the party that should be responsible for the said workers. Therefore, the belief that the Ministry is promoting employment of workers through the contractor for labour system or outsourcing is not accurate.
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Further, the Ministry wishes to clarify that the amendment to the Employment Act came into effect on 1 Aprilis meant to fulfill qkta needs and current changes by providing a more conducive environment for labour and strengthen the enforcement of labour laws. Amongst the other positive amendments which have been inserted is compulsory payment of wages of workers including domestic workers into bank accounts, maternity leave benefits to all women workers, new provisions to combat sexual harassment at the workplace which protects all workers, mandatory public holiday for Malaysia Day and others.
In making the amendment to labour laws, the Ministry always listens and takes into consideration views and feedback from employers and workers. This is to ensure a harmonious labour environment. The object of this Committee which has been set up is to propose preventive steps and improvements so that there pidaan not happen any abuse by any of the parties concerned when the said amendments start to be pekfrjaan into effect.
By taking the spirit of tripartism and caring Government on this issue, besides fulfilling the request of the NUPW that there be provisions enacted to protect the said workers as well as the request of MTUC pekfrjaan maintain the existing provisions, the Ministry has made 20112 Exemption Order under section 2B of the Pnidaan Act This exemption order is made to exempt all activities of manpower supply by any contractor for labour in all ipndaan, save the agricultural and plantation sector from compliance with the provisions concerning rights of contractors for labour as contained in section 31, 33A, 69 and 73 of the Employment Act This 2102, the new provisions concerning contractor for labour only applies to contractor for aita carrying out activities of manpower supply in the agricultural and plantation sector only.
Whereas the rights of the subcontractors for labour for all the other sector is maintained as was before the Employment Act was amended. As such, if there are any claims against contractors for labour, the said workers can still make the said claims as per their capacity as employers under the Employment Act only. However, claims by contractors for labour against principals can only be made through civil courts.
In conclusion, in making a new policy and amendment to any labour laws, the Ministry always listens and considers any suggestions advanced by workers or employers and other dialogue partners.
In connection with that, whatever decision made is only based on the interest of both parties being worker rights and employer interest which have to be balanced. It is hoped that the recent amendments to the Employment Act will get the support of all parties to ensure workers welfare is protected and to guarantee harmonious industrial relations in this country. Posted by WH4C at Newer Posts Older Posts Home. Subscribe To Posts Atom.