A Malaysia’s Labour Day reflection

 

The world of work is evolving, from the bustling streets where delivery riders zip through traffic to homes where child minders provide on-demand childcare and cafés where programmers and writers work remotely.

Workers are no longer bound by fixed office hours or traditional job structures, nor is their career tied to a certain job, industry, or paper certificate.

These shifting trends herald a brand-new, dynamic labour market defined by more flexible work hours and higher job autonomy than formal employment.

However, many of the current labour trends are not reflected in our labour laws, let alone in our work culture.

Behind poor awareness of flexible work arrangement 

The labour provisions for flexible work arrangements are one example.

In January 2023, the government enforced a new amendment to the Employment Act 1955 to allow employees to request flexible work arrangements.

Employees may request flexible work arrangements in writing under Sections 60P and 60Q, and employers must respond within 60 days, stating grounds for refusal, if denied.

Although in force for more than a year, many people only learned about it recently when human resource minister Steven Sim responded to a social media call after Singapore allowed employee applications for a four-day work week.

This incident is more than a case of poor policy communication following the implementation of a law or amendment.

Decline of working-class consciousness 

The lack of awareness of changes to our labour laws among some Malaysians is the result of a four-decade-long trend of decreased working-class consciousness, as seen by the declining role of trade unions.

The share of unionised workers in Malaysia has dropped from 11.3% of the total workforce in 1983 to only 5.8% in 2022.

According to the Department of Trade Union Affairs, there were only 767 trade unions in 2022, representing only 5.8% of the Malaysian workforce, and less than 2% of all workers are covered by collective agreements.

While some studies blame the decline on poor union awareness among Malaysian workers, especially the younger generation, the true cause is the extremely tight controls the government has over union activities.

Currently, the government wields the power to provide the right to representation for workers by approving union formations and union activities.

Tedious regulatory hurdles and stringent controls over registration criteria and membership eligibility are a deterrent for efforts to form unions.

All formal employees can join and form unions unless they hold a managerial, executive, confidential or security position, which has most likely excluded many office executives given the current labour market composition.

As a result, the deficiencies in our labour laws limit unions’ ability to empower the working class by raising awareness of their rights and welfare, as well as providing them the right to express work-related grievances without fear of retribution and the right to bargain collectively for better working conditions.

Address imbalance employment power relationship for fair work

Under current labour laws, the underlying power relationship between employers and employees, or employment power relationship, has shifted in favour of the employer over the employee.

Digitalisation and new technology have exacerbated the imbalance in the employment power relationship, making it more difficult for workers to request better working conditions.

This is because the promise of increased job autonomy and work flexibility made by new types of jobs comes at the expense of an employment power relationship protected by our labour laws.

As such, workers whose job nature resembles that of an employee could be classified as non-employees working around the clock for a company or a pseudo-employer to make ends meet.

It is high time for the government to rectify the situation to ensure fair work for all.

The ministry of human resources should revise the labour laws to rebalance the employment power relationship in two ways.

First, to avoid employment misclassification, a national employment status should be designed and implemented to examine the employment power relationship of different jobs against the definition of employment in the Employment Act 1955.

Second, it is time to relax the tight controls over union activities, allowing more qualified workers to join unions and empowering them to step up in protecting and promoting their interests.

As Malaysia celebrates Labour Day, it is crucial to recognise the changing labour landscape and new challenges faced by workers in all industries.

The rapid-changing labour market calls for adapting our labour laws to reflect these changing realities.

So on this Labour Day, let us recommit to the push for fair work, which will pave the way for a more prosperous and equitable future in which every worker is valued and respected regardless of their job. - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.