Malaysian
workers have lost the right to regular employment - permanent
employment until retirement, when this Malaysian government abandoned
the rights and welfare of Malaysian workers and their families...A
perusal of our labour laws in Malaysia clearly indicate that the
employment relationship should be a permanent employment relationship.
Entitlements to annual leave, medical leave, and even termination
lay-off benefits also indicate clear increases in entitlement based on
the number of years of service... Retirement Age - and, even now the
government's move, to increase retirement age all underlies the
entitlement to permanent employment
AS SUCH, we must campaign for:-
an end of short-term contract employment, and
an
end of any other forms of employment agreements or arrangements - that
completely destroy direct employment relationship between workers and
the principal (being the owner/operator of workplaces). And this
means, the contractor for labour need to be abolished, and all workers
who work at any workplace, especially those involved in the core
operations must be all be employees of the said principal. No more 'contract labour', 'agency workers', 'outsourced workers',....
CUEPACS
wants this and is calling for all contract employees to be absorded to
permanent status - and this must also be the case for all other
workers...including those in private sector. [One permissible exception
may be migrant workers - whose contract must be for the full 3-5 years,
agreed period that migrant workers come to work in Malaysia - and no
longer these short year to year employment contracts based on the
duration of their current work passes. No migrant worker agree to come
to work in a foreign country for just 1 year.]
Why we do not want short-term contracts?
- because it is UNJUST to workers, and even employers
-
A worker is a human being with families/dependents - and as employment
security is essential - when a worker gets employed, it is a factor that
affects many personal/family decisions - i.e. where should he stay or
settle down? (usually close to where he/she works), Should he rent a
house or buy a family home?, Where should his/her spouse find
employment?, Where should he sent his children to school?, Which
temple/surau/church community should he/she join? Should he buy a
car/motorbike? .....With a short-term contract for 1 year, months before
the end of the contract period, there will be a lot of stress...and
mental anguish - will he still be employed and be earning wages at the
end of the contract period? Of course, for the employer, it is
beneficial because a worker WORRIED about his employment future would
more easily be oppressed - and will be compliant/submissive in the face
of persecution...If he/she loses the employment, it would cause great
difficulties for the worker and the family for the next employment maybe
in some other town and state.... and loans all need to be paid every
month...
-
For the employer, there is no more PROBATION - and they are bound by
their agreement to keep the said worker for the full duration of the
contract period. With probation, the employer (and also worker) have a
'trial period' to determine suitability of the worker - which if found
to be suitable will be converted to a permanent employment relationship
until retirement age...
-
Current laws of retrenchment and lay-off - do not cover short-term
contracts at all - so an early termination of a short-term contract
should result in having to pay the worker possibly normal monthly wages
for remaining contractual period. (The present retrenchment lay-off
benefits entitlement does not arise until after the worker has worked
for a period of 12 months, and our current Malaysian government has
failed to make clear laws to deal with this early termination of workers
by reason of economic slow-down/closure of business when it comes to
workers on fixed short-term contracts..)
-
WOMEN will be discriminated - because if they are pregnant (even 1-2
months pregnant), no employer is logically going to employ them on a
short-term employment contract. Why? To avoid maternity leave and
maternity benefits, and all the other special treatment/leave that
usually is a right to women as pregnancy advances. Those even on a
contract, when it ends - will find that they will NOT be offered any new
contract...
-
Workers who maybe disabled partly, even by reason of some occupational
related accident at that very same workplace, may find that employers
will just let them off without offering them any new contracts..
-
Now, even if the work is still there and workers are needed to do the
work, most Employers to avoid the rise of the presumption of a
permanent employment relationship will just not RE-NEW contracts but
just choose to get some other NEW workers... This is so WRONG - again
good Malaysian government has not made any laws to prevent this and
protect workers..
WHAT
THEN IS THE USE OF TALKING ABOUT INCREASING RETIREMENT AGE, MATERNITY
RIGHTS AND BENEFITS, ETC... WHEN THERE IS NO RIGHT FOR PERMANENT
EMPLOYMENT FOR WORKERS IN MALAYSIA. YES - ABOLISH SHORT-TERM CONTRACTS
& RESTORE PERMANENT EMPLOYMENT AS A GUARANTEED RIGHT FOR THE
GOOD AND WELFARE OF WORKERS AND THEIR FAMILIES IN MALAYSIA.
CUEPACS LEADS THE WAY ....MTUC MUST ALSO COME OUT AND DEMAND THIS FUNDAMENTAL RIGHT FOR ALL MALAYSIAN WORKERS...
CUEPACS Wants Contract Employees Be Absorbed To Permanent PostsTEMERLOH, June 19 (Bernama) -- The Congress of Unions of Employees in the Public and Civil Service (CUEPACS) is hoping the government could absorb the 60,000 contract staff in the public service to permanent and pensionable posts.
Its deputy president, Azih Muda, believed that the move, besides, ensuring their future benefits, would also help to further improve the quality of the public service.
"The role of the contract staff should be appreciated as they also help in realising the government's development agenda and country's growth," he told reporters after calling on the Temerloh Municipal Council (MPT) president, Datuk Tariff Abdul Rahman, here today.
Azih said the congress also supported the suggestion by Domestic Trade, Cooperatives and Consumerism Minister Datuk Seri Ismail Sabri Yaakob recently for contract workers to be recruited through the economic stimulus package and be absorbed into permanent posts.
-- BERNAMA - 19/6/2012, CUEPACS Wants Contract Employees Be Absorbed To Permanent Posts