labour inspectors is increased to a reasonable number to ensure that employers
are following the law.
CH A PT E R 1
e) Amendment to Employment Act 1955
As a member of the Working Group No. 2, SUHAKAM was again requested to submit
comments on the proposed amendments to the Employment Act 1955. SUHAKAM
submitted that the proposed amendments give a clearer and comprehensive
interpretation of the terms “contractor for labour” and “contracts of service”.
SUHAKAM also agreed with the proposal for a new section on accepted as to who
is an employee as it extends the protection under the Employment Act. SUHAKAM
is also delighted that the words “domestic servant” have been replaced with
“domestic employee”. This is a better recognition of domestic employees and
upholds their dignity. The proposed amendment also provides better treatment
for spouses by their inclusion in the definition of immediate family members. The
amendments include provisions that prohibit forced labour, extend maternity leave
to 90 days for all sectors, make it easier to lodge complaints of sexual harassment,
and to improve on rest hour for employees and allow flexible working arrangements.
On top of it, SUHAKAM is ecstatic to see the deletion of the wages cap in the First
Schedule of the Employment Act, whereby giving equal rights to all employees.
Nevertheless, there are some provisions in the proposed amendments that
need further review. While the definition of forced labour has been expanded
to include the element of “deception” in one part of the definition, SUHAKAM is
concerned that the word “deception” may be manipulated by the perpetrator.
SUHAKAM would like to have a definition of “deception” in the provision on forced
labour. SUHAKAM also suggests that the Director-General issues directives on nondiscrimination on grounds of gender, religion, race, disability, language, marital
status and pregnancy to comply with human rights principles. SUHAKAM would like
to have proportionate sanctions to deter employers from abusing and exploiting
their employees.
SUHAKAM takes note of the intention of the drafter to allow women to work at night
by deletion of the whole section in Part VIII. However, for the purposes of safety and
women’s dignity, SUHAKAM views that the mere introduction of Section 60A (10) is
not enough to safeguard employees working at night. Therefore, SUHAKAM would
suggest instead that Section 34 and Section 354 in Part VIII and Section 102(2)(b)
remain.
SUHAKAM
ANNUAL REPORT 2018
61