New 45-hour work week, including mealtimes, pushed to Jan 1

 

The government will postpone the implementation of all amendments to the Employment Act 1955/22 to Jan 1 next year, said Human Resources Minister M Saravanan.

The decision, which received the Cabinet’s nod, includes the implementation of the 45 hours per week work limit.

“1 January, by hook or by crook, we will implement,” said Saravanan, assuring that there would be no further postponements.

The implementation was supposed to start on Sept 1.

He pointed out that the 45-hour per week and all other relevant amendments to the act were meant for all workers in Malaysia, including the migrant workforce.

“The decision to postpone the implementation of all the amendments was approved unanimously in a Cabinet meeting this morning.

“We had dialogues with employers’ organisations and business groups who have appealed for a little more time.

“They want more time to complete their hiring of foreign workers to make up for the existing shortage of workers first.

“Although they were not facing issues in the process flow of migrant worker intake, flying them into the country would take some time,” he told a press conference today.

Saravanan said consideration also went into the recovery of the economy and the mitigation of unemployment which had improved from 5.3 percent to 3.8 percent.

Other key amendments that were passed in the March parliamentary sitting include the extension of maternity leave from 60 days to 98 days, restriction on the termination of pregnant employees and the introduction of paternity leave for married male workers.

The amendments to the act, also known as Act 265, received royal assent on April 26 and was published in the Federal Government Gazette on May 10.

Confusion over 45-hour-week calculation

On the 45-hour per week work, he clarified that it includes meal times and his ministry would embark on a roadshow to educate employers on all the changes made.

“Workers and workers’ representatives are advised to refer back to the Labour Department in Putrajaya,” he said, in response to Malaysia Trade Union Congress’ (MTUC) complaint on the matter.

Earlier today, MTUC, Penang Chapter secretary K Veeriah told Malaysiakini that he had received complaints from workers representing at least 150 worksites over the calculation of the 45-hour-work week.

Veeriah added that over the past few weeks, workers in his state have been calling over fears that employers would substitute meal time for non-work hours, to reduce the weekly hours of work.

The veteran unionist also accused the state Labour Department of misleading employers that this was one method of reducing work hours.

"If they accumulate meal time in a week and minus that from the total work hours per week, workers would have put in 43.5 hours and not 45 hours," he explained.

Ministry addressing discrimination in law

Meanwhile, Saravanan said the changes to clauses in the First Schedule of the Employment Act would only be revealed in January.

At present, the First Schedule of the legislation categorises the various groups of workers as those who earn RM2,000 and below, workers with no fixed wages like those involved in manual labour and those who supervise them, workers who operate motor vehicles and domestic workers.

However, Saravanan once again confirmed that the restrictions placed on domestic workers in the First Schedule would remain.

“Let us implement the amendments on Jan 1 and then the law will be further improved. We want to address all discrimination in the legislation but we need time to study it.

“We will also address the exclusion of domestic workers in the Minimum Wage Order,” he assured.

To address discrimination, Saravanan said his ministry was also looking into formulating an alternative word or phrase to address migrant workers or foreign workers. - Mkini