112 labour rights organisations call for legislation threatening workers’ rights to be withdrawn in Malaysia
08 December 2011
 Statement | [ ] | 43 Kb |
112 labour organizations, amongst them the Malaysian Trade Union Congress (MTUC) and War on Want, are calling on the Malaysian government to scrap a new Employment Act which proposes to make changes to the way in which labour is contracted out. The groups have denounced the changes as unconstitutional and detrimental to workers' rights and trade unions. The Bill has already been approved by the Malaysian House of Representatives, but still needs to be passed by the Senate and receive royal assent in order to come into effect.
The proposed changes to the Employment Act would allow employers to contract workers through third-party agencies (also called outsourcing). This would mean that workers doing the same work at a factory would be treated differently in terms of wages and other rights because of the fact that their employers are different. This goes against the Malaysian Federal Constitution that guarantees that people doing the same job are treated equally in terms of wages, work benefits, rights, union rights, reliance on collective agreements and other entitlements.
If the proposed amendments become law, many factory workers would effectively lose their rights to be able to form or be members of trade unions, or the right to directly and effectively negotiate with the factory owner who effectively controls the workplace, working conditions and benefits. It will also weaken existing unions by reducing their negotiating power. The Malaysian Trade Union Congress (MTUC), which represents over 800,000 workers of member unions, who is also is the official workers' representative in Malaysia, picketed on the 3rd November, calling for the withdrawal of the amendments.
The groups therefore call on the Malaysian government to immediately discontinue its policy of recognizing outsourcing agents, and to act immediately against the practices of some employers and outsourcing agents that try to avoid or disguise employment relationships to the detriment of workers and unions.
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