Rights group doubtful Labour Dept can set 45-hour workweek

 

Rights groups have expressed doubts on whether the Labour Department can implement a 45-hour workweek, considering its poor enforcement record.

The hours of work per week an employer is allowed to extract from a worker was dropped from 48 hours to 45 hours in amendments to the Employment (Amendment) Act 2022, which will come into force on Sept 1.

However, this long-awaited amendment to the labour legislation means little to Labour Law Reform Coalition co-chairperson Gopal Kishnam, whose most recent complaint to the Labour Department was settled through partial payment of back wages - but no action was taken against the errant employer.

“No further action was taken against the employers who had breached the Employment Act and the collective agreement, despite a complaint to this effect being lodged with the Labour Department.

“What’s worse was that back wages were further negotiated at a time of the global (Covid-19) pandemic before they agreed to release salaries, a month late.

“The Labour Department is under the impression that payment of unpaid salaries is punishment enough,” explained Gopal, who is also the secretary-general of the National Union of Transport Equipment and Allied Workers in Malaysia.

In June 2021, about 300 workers from three companies in the automotive parts industry did not receive their salaries.

Their employers included United Industries Sdn Bhd in Jalan Meru, Klang, whose cash flow for 2020 and 2021, according to Gopal, remained positive and making full payments to workers would not have pushed the company into the red.

Long waits, excuses

The veteran trade unionist added that there are case precedents to indicate that a company’s financial standing could not be introduced as a reason for breaching the collective agreement.

“The company had used the lockdown as an excuse to force workers to deduct four days’ salary as annual leave before releasing their salary,” he said.

Gopal said the union had complained against the same companies for short-paying workers’ salaries by 30 percent in 2020 and the case is still in the Labour Court.

Based on this example of poor enforcement, he said labour rights groups - comprising 58 trade unions, NGOs and migrant workers’ organisations in Malaysia - are of the opinion that employers might manipulate the 45-hour workweek rule.

“Some employers are taking advantage of the poorly staffed Labour Department that resulted in poor enforcement of the law.

“Employers have breached the law in factories where there is a trade union presence, what more if workers are not represented by a union,” he reasoned.

Gopal urged the Human Resources Ministry to take steps in creating an awareness of the amendments which must include taking action against errant employers, as provided in the Employment Act. - Mkini