CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP 12. EMPLOYMENT ACT 1955 The Government amended the Employment Act 1955 during the year. The Commission recorded its views on several provisions: (i) Section 2(1): The introduction/legalisation of ‘contractor for labour’ may result in the exploitation of workers. (ii) Section 81A: The incorporation of the definition of ‘sexual harassment’ and related provisions is to be lauded. However, the Commission notes NGO comments that the definition is not comprehensive – this is because the employer (not the employee) determines if sexual harassment has taken place, the definition is confined to alleged occurrences at the workplace and the processes for complaints and penalties are inadequately covered. (iii) Section 81D(1): The Commission is concerned particularly about the complaints procedure in cases against an employer, as the amendments authorise the Director-General of Labour to direct the employer to inquire into complaints. This could result in bias. (iv) Section (2)(1): The Commission welcomes the definition of ‘confinement’ which is amended from 28 weeks to 22 weeks to enable female employees to enjoy maternity protection in the event of a premature birth or miscarriage. (v) Section 37(4): The Commission commends the amendment which penalises an employer who terminates the services of a female employee during the period in which she is entitled to maternity leave. 13. PEACEFUL ASSEMBLY BILL 2011 In September, the Prime Minister announced the repeal of Sections 27, 27A and 27B of the Police Act 1967 in relation to public assembly. In October, the Attorney-General’s Chambers consulted the Commission on certain aspects of a new law to deal with public assembly. However, the Commission was not provided a copy of the draft law before it was tabled. In principle, the Commission welcomed those provisions that are in line with freedom of assembly as guaranteed by Article 10(1)(b) of the Federal Constitution and Article 20 of the Universal Declaration of Human Rights. However, it expressed the view that some provisions would undermine the right of the public to organise or participate in peaceful assemblies, with the police being given wider discretion. This would defeat the purpose of repealing Sections 27, 27A and 27B of the Police Act 1967 in the first place. 65