Workers are a force of change: prioritise workers' rights
Malaysia is a growing economy with approximately 12.2 million workers; with this growing economy and workforce, there is great urgency to protect workers' rights that are slowly being eroded to the extent of annihilation. Access to protective laws
Prior to 2008, workers unfairly dismissed were either reinstated or paid full back wages in
lieu of reinstatement. The punishment to employers who unfairly dismissed workers was the “reinstatement” of the dismissed workers back to work or full compensation in lieu of the reinstatement. This protected the pride and dignity of the unfairly dismissed employee. This changed in March 2008. Malaysian labour laws were amended to give employers the absolute right to hire and fire. There would be no more reinstatement, and back wages in lieu of reinstatement were capped at 24 months. Employers today can budget to sack workers. In October 2011, Malaysian labour laws were amended again to legalise previously illegal practices by employers. One example is the “contract for labour” item, a decision to break the employment relationship between the real employer and a worker. A worker can be paid by Company A but work for Company B in the premises of Company C, making it unclear who the "real" employer is. Other laws that could allow for absolute abuse of power and obstruct workers' rights to peaceful assembly and freedom of speech include the Peaceful Assembly Act, the Emergency Ordinance (Public Order and Prevention of Crime) Ordinance, Sedition Act, the Printing Presses and Publications Act, Sections 15 and 16 of the University and University Colleges Act, the Official Secrets Act, the Police Act, the Societies Act and the Trade Union Act. While the repeal of the ISA and lifting of the Emergency Ordinance are welcomed, the new legislations like the Security Offences (Special Measures) and review of laws like Printing Presses and Publication Act, Sedition Act must involve public consultations.
2. Access to minimum wage
Many sectors including trade unions and civil society have been urging for a minimum wage system to give workers decent salaries. Such a system is pivotal in creating a high per capita income country. After years and years of urging, on 21 June 2011, instead of setting a minimum wage law, the Malaysian Government tabled a bill to set up a National Wage Consultative Council (NWCC). To date this NWCC has served no purpose except to fuel propaganda on the issue of minimum wage. Countries like Indonesia and South Korea have outdone Malaysia in economic performance and they have minimum wage laws that clearly define a minimum wage as a wage that meets the needs for a decent living. Their workers also enjoy strong protection from robust labour policies.
3. Access to trade union rights
The growth of the workforce has not been matched with similar growth in trade unions. On the contrary, there has been blatant union busting and of workers' inherent rights. Employers blatantly deny trade union leaders and members their right to organise. Trade union leaders and members are threatened, battered and dismissed for participating in trade union activities. Since 1998 a total 20 trade union officers have been blatantly dismissed by Malaysian employers for participating in lawful trade union activities. And, these atrocities against workers are perpetrated largely by government linked companies such as Maybank Bhd, Utusan Malaysia and other multinational companies such as F&N Holding Berhad and Guppy Plastic Industries. Employers are also assisted by the Director General of Trade Unions to register competitor trade unions for a class of workers to “kill” the trade union that already exists.
4. Access to women workers' rights
Women make up a large section of the Malaysian workforce, yet many of the rights of women have yet to be realised. Violence against women and sexual harassment at the workplace is increasing. In 2001, after a new handbook of employment regulations was introduced by the company, eight women workers from Guppy Plastic Industries were forced to retire at age 50; meanwhile, men could retire at 55. The women brought their case to the courts but were shocked when on 21 March 2012, the Court of Appeal dismissed their appeal. This decision sent a signal to employers that gender discrimination is permissible. Employers, government organs and the courts are depriving women workers of their rights.
5. Abuse of migrant workers
Malaysian businesses depend on the 2.1 million migrant workers in the country, but these workers are not accorded many rights and protection under our legal system. In 1993 migrant workers were transferred from the Employee Social Security Scheme (ESS), which provides periodic payments to victims of industrial accidents and their dependents, to the Workmen’s Compensation Scheme (WCS) which only guarantees a one-time lump sum payment. The compensation granted by the ESS was higher compared to that granted under the WCS. Further, migrant workers are denied adequate access to education and health services, and are unable to obtain effective representation including trade union representation in the existing industrial relations system.
6. The Economy and Social Services
Workers are severely affected by the privatisation of public utilities and services, which are at the expense of the public. Basic social needs of workers in the lower income group have deteriorated as a result of the privatisation.
7. Free Trade Agreement (FTA)
Malaysia is currently in free trade negotiations with the US and the European Union (EU). The FTA in general will rob workers of their rights as foreign multinationals will enforce their terms on Malaysian workers. Tightened intellectual property protections from the EU FTA will significantly increase prices of much needed HIV medication. The FTA would stop locally-made generic medication, and stop medication from India from being exported to Malaysia. HIV drugs are currently subsidized and those who are HIV positive can access them for free. If they stop using the medicines, they will die. The FTA with US and the EU will have an impact on government procurement and end our Small-Medium Enterprises (SMEs); workers will lose their jobs and their livelihood. As a result Malaysia will be totally dependent on the foreign multinationals. We the rakyat, in conjunction with International Labour Day call upon the Prime Minister of Malaysia to make all efforts to protect the rights of all workers in Malaysia. Repeal the implementation of the recent amendments to the Employment Act 1955;
2. Stop arbitrary laws which exploit the workers - set up a Royal Consultative Committee, including representatives from the UN and ILO to review and repeal if necessary all repressive laws in Malaysia;
3. Stop all propaganda and implement a minimum wage of RM1,500 and enact a Minimum Wage Act;
4. Stop union busting and protect workers’ rights, reinstate all trade union leaders dismissed for trade union activities. Government organs and the judiciary must uphold workers’ rights including international instruments passed by the United Nations and the International Labour Organisation in the interest of human rights;
5. Stop gender discrimination and discriminative policies whether in practice or in law. The Malaysian judiciary needs to respect and adopt the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as a legally binding instrument irrespective of whether it is incorporated as Malaysian law.
6. Control the continuous increase of goods and services prices including oil and reinstate the government subsidy to the rakyat. Stop the Goods and Services Tax that is transferred from businesses to consumers, and stop the privatization of utilities, health and education schemes for the rakyat;
7. Stop discrimination of migrant workers and accord them equal access to all essential services and protective rights including the right to join or form trade unions and to represent them;
8. Stop the FTA negotiations in the interest of the rakyat;
9. Don’t abuse mother earth – STOP LYNAS.
