KUALA LUMPUR – After its third reading in the Dewan Rakyat today, the Employment (Amendment) Bill 2021 has been passed and will see improvements in the labour industry particularly regarding issues surrounding forced labour.
Speaking during his winding-up speech in Parliament today, Deputy Human Resources Minister Datuk Awang Hashim (Pendang-PAS) said that among the issues addressed by the amendment include a broader understanding of forced labour criteria.
“Clause 41 of the bill is a general prohibition on forced labour and is meant to prevent any sort of unwilling manpower in the workforce,” he said, adding that the definitions and elements suggested in the clause are in line with relevant international guidelines.
While not all the 11 indicators of forced labour are manifested in the bill, Awang said that the law complies with the International Labour Organisation’s standards especially on curbing the persecution of vulnerable groups, fraud, threats and intimidation, and restriction of movement.
He added that since the enforcement of all violations listed in the bill will be carried out by Labour Department officials nationwide, it is proposed that the current capacity of officers be immediately increased to handle the rise in their workload.
The minister stressed that amendments to the act should also be read along with existing laws that aim to guard the well-being of employees.
“In Part IIIA of the Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446), which was recently upgraded, it is stipulated that there is a need to obtain admittance from the Labour Department in relation to the indicators concerning forced employment.
“They must also meet the minimum requirements of the specifications set by the law with regard to providing a conducive workplace and living environment.
“The government is intent on reducing the amount of forced labour, and Act 446 can be cited to prosecute employers who do not take this matter seriously,” he said.
Meanwhile, Awang also noted that employers who flout the laws have led to accusations of forced labour to be hurled at the nation from outside countries.
On January 18, Malaysia’s reputation for forced labour practices hit another low after Canada terminated its contract to source products from local glove maker Supermax Corporation Bhd after allegations of forced labour within the company.
This follows the United States’ earlier withhold release order on any import of Supermax products in October, based on reasonable information of forced labour in the firm’s manufacturing operations.
Besides that, the bill also includes provisions concerning paternity leave, with the amendment ensuring married male employees up to three days paid leave.
Awang clarified, however, that the ministry disagrees with the suggestion to implement the paternity leave in non-consecutive days for male workers whose wives are giving birth.
“Non-consecutive leave is not a concept that is suitable to be implemented at the moment as it differs from government sector practices where rest leave and general discharge leave are considered to be consecutive leave,” he said.
He added that male workers must first fulfil several requirements to qualify for the paternity leave, namely they must be married and have worked for at least 12 months with one employer.
“The paternity leave is only applicable for the first five births regardless of the number of wives and employees must notify their employers at least 30 days before their wife delivers the baby,” he said.
The first reading of the bill had been tabled by Human Resources Minister Datuk Seri M. Saravanan on October 25. – The Vibes, March 21, 2022
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