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10 APRIL 2024

Wednesday, December 30, 2015

Ahmad Maslan ignorant of labour laws, says DAP

DAP says Malaysian law does not allow employees to have two employers at the same time. – The Malaysian Insider file pic, December 29, 2015.DAP says Malaysian law does not allow employees to have two employers at the same time. – The Malaysian Insider file pic, December 29, 2015.
Deputy International Trade and Industry Minister Datuk Ahmad Maslan, who sparked criticism for suggesting that those in the low-income group take up two jobs to cope with the rising cost of living, has overlooked Malaysian employment laws, DAP said today.
Labour bureau chief A. Sivanesan said an employee in the public sector had to get prior written approval from the head of department.
"That failure will result in the employee being subjected to disciplinary action," he said in a statement today.
Sivanesan, who practises industrial and employment law, said in the private sector there were several cases in which employees were dismissed after being found working for other employers after working hours.
"Over and above this, I believe the deputy minister is wholly unaware of restraint of trade clause which is found in most letters of offer or company manuals," he said.
Sivanesan, who is Sungkai assemblyman, said employees could not indulge in another similar trade, which amounted to gross misconduct and warranted dismissal.
He said under the Employment Act 1955, an employee in the private sector was not allowed to work more than eight hours in one day and not more than 48 hours in a week.
"The principle behind this is that the employee gets adequate rest to be productive in his work," he said, adding that it was also to give the worker time to spend with loved ones.
Sivanesan said Malaysian law currently did not allow employees to have two employers at one time.
He said Ahmad Maslan had been ignorant that a private sector employee would not be compensated if covered when working for an employer who was not contributing to the Social Security Organisation.
Sivanesan said he was surprised that Human Resources Minister Datuk Richard Riot and his senior officials preferred to remain silent on Ahmad Maslan's unfounded remarks.
"They should come out and correct Ahmad Maslan who has transgressed the function and role of the ministry," he said.
Ahmad Maslan's latest attempt to defend himself on Twitter by saying that he himself held three jobs as a deputy minister, Pontian MP and Umno information chief, also backfired when his post started trending on the microblogging site.
"I have three jobs: member of Parliament, deputy minister, Umno information chief. Many in Malaysia are already holding two jobs #2Kerja. Work hard for halal income," Ahmad Maslan had posted using his Twitter handle, @ahmadmaslan.
On Saturday, Astro Awani reported Ahmad Maslan as saying that taking up two jobs was common in other countries.

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