Act 244 cannot override Employment Act provisions – Finas

The Perbadanan Kemajuan Filem Nasional Malaysia Act 1981 (Act 244) cannot override the Employment Act 1955 (Amendment) 2022, regarding the number of working hours which came into force yesterday (Jan 1).

National Film Development Corporation (Finas) chief executive officer, Md Nasir Ibrahim, in a statement today, said that the matter does not give Finas the authority over overtime issues involving art practitioners.

“Therefore, the view that Finas has the authority to take action or set the working hours for art practitioners is incorrect, in fact, legally it is contradictory.

“I hope that the confusion and misinterpretation by some people regarding Finas’ authority regarding working overtime involving artists, especially actors and production crew members, are corrected with this clarification,” he said in response to the issue, which went viral in social media recently.

He said that the welfare of workers and flexibility in the working hours, provided under the Employment Act 1955 (Amendment) 2022, also applies to film industry practitioners who are involved in filming - including actors and production crew.

Nasir said that he also hoped that those involved in the industry are aware of the latest amendments to the law so that no misunderstandings arise between employers and employees.

Finas chief executive officer Md Nasir Ibrahim

He said that the number of working hours agreed upon and fixed under the terms and conditions of the contract between the employer (producer) and the employee (actor or production crew) should comply with the terms provided under the Employment Act 1955.

However, he said that Finas will take a more open and proactive approach in the matter, and hoped to invite representatives from Persatuan Seniman Malaysia (Seniman), Persatuan Pekerja Profesional Filem Malaysia (Profima) and stakeholders to discuss the issue soon.

“Finas is also prepared and open to criticisms and suggestions from all parties, to ensure that the interests and welfare of the people working in the film industry are always protected,” he said.

Previously, Human Resources Minister, V Sivakumar, announced that the Employment Act 1955 (Amendment) 2022 came into effect on Jan 1, 2023, despite requests from the industry to extend the deferment period.

Among other things, the amendment included a reduction in the length of the working week from 48 hours to 45 hours, an increase in maternity leave from 60 days to 98 days, paternity leave increased from three days to seven days and a ban on discrimination in employment.

- Bernama