WAO: Amended Employment Act still allows workplace discrimination

 

The amendments to the Employment Act have been approved in the Dewan Rakyat on Monday, but the Women’s Aid Organisation feels there are still some concerns that need to be addressed.

One of them is the provisions on the grounds of discrimination.

While the bill now empowers the Labour Department director-general to investigate employer-employee disputes on discrimination, it does not prohibit discrimination itself from occurring.

“Employers can be penalised for failing to comply with the director-general’s order following an investigation. But the employer will not be penalised for the discrimination itself.

“Discrimination is not defined. It must be defined to include direct and indirect discrimination, and grounds for discrimination, including gender, religion, race, or disabilities, should be spelt out,” WAO said in a statement.

They said the bill also failed to protect job seekers from discrimination, allowing employers to discriminate against potential employees on the bases of gender, race, religion, and disability, among others.

This includes job seekers who are pregnant.

Pregnant job seekers’ woes

During the bill’s debate in Parliament on Monday, Teo Nie Ching (Pakatan Harapan-Kulai) shared how pregnancy is a common problem that women face during job interviews.

“Women are always asked about whether they are pregnant or their plans for pregnancy, (and) their marital status. These questions are asked because employers want to know the possibilities of them (potential employees) taking maternity leave.

“While the amendment is good and provides slight protection, it is not enough. How does the ministry intend to ensure that women are not going to be asked about their pregnancy status during the interview?” she had asked.

In response, Human Resources deputy minister Awang Hashim clarified that while pregnant job seekers are not protected under the amendment, alternative approaches may be taken such as reporting to the Labour Department or lodging a complaint in the Working for Workers portal.

“We can take action or conduct an investigation if these events occur,” he added.

It is noted that employers are now prohibited from terminating a pregnant employee just because she is pregnant or ill due to pregnancy.

Flexible working hours

Other amendments give workers legal empowerment to ask for flexible working hours, although it will still be up to their bosses to approve or reject such applications.

Under the amendments, employees can apply to their management in writing for flexible working hours, subject to their contract.

The employer must then respond in 60 days to either approve or reject the application. Grounds for refusal must also be stated.

The bill also included a section that expands the definition of employees, which would essentially give gig workers protection under the act.

Maternity leave

The WAO lauded the move to increase maternity leave from 60 days to 98 days, and seven days from three days for paternity leave.

However, another cause of concern is the removal of Section 44A of the act, which meant the extension of maternity leave provisions would only apply to those earning less than RM2,000.

Monday’s amendments to the act also saw the revision of Section 37aa.

Previously, Section 37aa permitted women who were not entitled to maternity leave pay to return to work during their maternity period, for the purpose of earning income if declared fit.

The newly amended section permits any women, including those entitled to maternity leave pay, to return to work during their maternity leave period.

“While this gives women a choice on paper, we urge the government to take steps to ensure women are not coerced to return to work early,” WAO said. - Mkini