Friday, November 19, 2021

Amendments To The Employment Act, 1955.

 Press Release By MTUC Penang Division -  Amendments To The Employment Act, 1955.


MTUC Penang Division has been given to understand that, in tabling amendments to the Employment Act, 1955 in Parliament, the Human Resources Minister is supposed to have credited it to the need to ratify the Comprehensive And Progressive Agreement For Trans-Pacific Partnership (CPTPP) trade agreement involving 11 countries. 

Without venturing into the convincing arguments, against Malaysia ratifying the said trade pact, what we ask is simply this - isn't it the primary responsibility of our government to embark on a progressive transformation of the employment related eco-system of our working population without the same being dictated by the CPTPP? 

To credit transformation, of our arachic labour legislations to the CPTPP, signals either of two circumstances - firstly, our government has failed to appreciate the sarificies of the workers on it's own accord which, in any case is needless to be contridicated or, secondly, our government, in the overwhelming interest of the business class, is prepared to make concession just so to create an impression that it has the will to confirm with internationally accepted labour standards. In either of the said circumstances it remains true that our government would only deliver, not of their own free will, but when whipped by compelling external forces! 

MTUC Penang Division is of the view that, our Human Resources Ministry ought to adopt a proactive approach in bringing about much needed progressive changes to the prevailing pro capital labour laws. If our government has the political will, to create a vibrant workers movement in the country, it ought to subscribe to the core conventions of internationally accepted labour standards. To amend the labour laws, as dictated by the CPTPP partnership, is not only nonsensical but also an act of abdicating our sovereignty as a nation.


K. Veeriah

Secretary 

Malaysian Trade Union Congress 

Penang Division 

016 4184520

18.11.2021

Monday, November 1, 2021

The EPF Says Only 3% Malaysians Can Afford To Retire On Their EPF Savings!

 The EPF Says Only 3% Malaysians Can Afford To Retire On Their EPF Savings!


EPF's chief strategy officer, Nurhisham Hussein's statement that only 3% of Malaysians can afford to retire on their EPF savings is a wake-up call to the government with regards to the old age financial survival of our working population. 

The truth remains that massive EPF withdrawals, on account of the i-sinar, i-lestari and i-citra withdrawals estimated to be about 70 billion ringgit or more, was the main factor to the said state of affairs.

The financial challenges, brought about by the onslaught of the Covid-19 pandemic, would have warranted the government to provide sustained financial assistance to the people. The government, however, deemed it fit to allocate piece meal financial hand-outs that were, grossly, inadequate to meet the financial obligations of those who had either lost their jobs or had their income reduced by pay cuts.  Whilst defaulting on it's obligations, moral or otherwise, to provide meaningful financial assistance to the people, the government enticed the people to dip into their old age EPF retirement savings to mitigate their financial commitments. Sadly, the folly of the government has, now, morphed to the reality that about 97% of EPF members would not have the privilege of retiring upon attaining the retirement age of 60.

As said by the EPF's officer these group of old age people would need to continue working an extra 4 to 6 years and, as we may add, even longer! As our nation is fast moving towards an ageing population the question that needs to be postulated is the consequences of working beyond the retirement age. 

A study, by the World Health Organisation (WHO) and the International Labour Oraganisation (ILO) has revealed that working long hours is a contributing factor to  work related deaths. Working long hours, and by extension working between 4 to 6 years post retirement, would, inevitably, lead to a deterioration of both physical and mental health of the 60 plus years old workers what more the possibility of death as a consequence therefrom.

Given the reality that the overwhelming number of workers are left with insufficient savings post retirement, we would propose that the government seriously considers an  Old Age Social Protection Scheme. On this score we would propose that a nominal % from taxes collected be set aside into a pension fund or, alternatively, be channelled to the EPF whereof an equitable pension payment scheme be devised to provide for retiring workers. Until such proactive measures are put in place at the soonest, we may stand witness to an ageing population who would neither have sufficient EPF savings post retirement nor an Old Age Social Security network to provide them financial sustenance. 


K. Veeriah

Secretary 

Malaysian Trade Union Congress, Penang

0164184520

31.10.2021

Wednesday, May 19, 2021

Why Block Free Covid-19 Vaccine Destined For The People Of Penang?

 Why Block Free Covid-19 Vaccine Destined For The People Of Penang? - 

Press Release By MTUC Penang Division 


When the nation is in the grips of an escalating Covid-19 infection it would have been expected, of the Ministry Of Health, to welcome all available resources in it's battle to arrest the situation. We are, therefore, baffled as to why the federal authorities have deemed it fit to deprive the people of Penang the opportunity to make themselves available of free vaccination courtesy of, as reported, a private company.


As we are given to understand, there is a pressing need to create herd immunity amongst the population and, that, it can only be done so if the vast majority of the people are vaccinated. If that be the case 2 million  available doses of the Sinovac vaccine would be suffice to vaccinate the entire 1.8 million people of Penang. Given the fact that, Penang's population density is amongst the highest in the nation, it would be imperative that a vaccination roll-out programme ought to prioritise the state in the pursuit to create the said herd immunity. 


While we recognise, that, the federal government has constraints, in the roll-out of the national Covid-19 immunisation programme, what we cannot comprehend is why it has found it fit to block the 2 million doses of free vaccination for the people of Penang!


They say that, one should not look a gift horse in the mouth and we believe that it would be an appropriate analogy in the circumstances! Faced with the unprecedented challenges brought forth by the Covid-19 pandemic, it is our view that there is no rhyme or reason for the federal government to deny the people of Penang the opportunity to make themselves available of the vaccination so made available by a generous donor. And, on this score it is our view that the safety and well-being of the people ought to be the utmost consideration regardless of all political inclinations. 


We, therefore, urge the Ministry Of Health and the Perikatan National government not to deny the people of Penang the opportunity to make themselves available of the Covid-19 vaccination.


K. Veeriah 

Secretary 

Malaysian Trade Union Congress 

Penang Division 

016 4184520

18.5.2021


Thursday, April 22, 2021

The Minimum Wage Or Living Wage Conundrum.

 The Minimum Wage Or Living Wage Conundrum.


1. Why Was A Minimum Wage System Introduced By The Government?

When our government introduced the National Wages Consultative Council Act 2011 (Act 732) it was intended to address the low wages that was prevailing in the country especially so in the private sector. As we would recollect employers were, then, paying very low basic pay not only in the Klang valley but throughout the country. Pursuant to the said Act, the Minimum Wage Order 2012 was introduced wherein a minimum wage of RM900.00 was established.

Thus, the underlying factor, for the government to introduce the Minimum Wage Order, was to mitigate the unfair low wage system that was prevailing in the country. It was a case of government intervention when the employers failed to pay equitable rates of pay, thus, driving wage levels to what was described as the race to the bottom!

Fast forward to 2021 and what we need to ask is whether the minimum wage system is still relevant given the fact that wages, even for degree holders, has been compromised on account of the weak employment labour market.

2. Youth And Graduate Unemployment

Unemployment, among the youth in 2020 terms, is estimated to be 11.72% whereas total unemployment is hovering in the region of about 4.8%. Even more alarming is that, about 70% of jobs seekers were youths according to a report published by the EIS-UPMCS Center For Future Labour Market Studies.

According to a Ministry Of Higher Education survey about 10% of fresh graduates were paid between RM1001 to RM1500.00 a month since 2010. The said survey also found that, in 2020, more graduates fell into the said income bracket reaching a decade high value of 22.3%.

The said statistics, in my view, seems to suggest that low wages, amongst the youth and fresh graduates, has a nexus with the high rate of unemployment among the youth and fresh graduates. With the prevailing economic conditions our youth. and fresh graduates, are forced to accept low wages just to secure a job however incompatible the wage maybe.

Low wages, by any standards, is an indication that our young workers are being exploited on account of the prevailing depressed employment opportunities.

3. Is The Existing Minimum Wage System Still Relevant?

A study, by Bank Negara Malaysia in 2018 has stated that, for a single adult to sustain himself in Kuala Lumpur he would need RM2700.00 a month. The said study has also revealed that a couple without children needs RM4500.00 and a couple with two (2) children would need RM6500.00 a month.

The said study is based on the consideration of what is termed as a "living wage" - "living wage" defined as the minimum income necessary for a worker to meet his basic needs including food, housing and other basic necessities.

On the contrary a minimum wage is so set by the government with the aim of protecting workers against unduly low pay.

Given the 2018 Bank Negara study the truth is that the middle and low income (the B40 and M40) workers are not earning sufficient household income to sustain themselves. As a consequence workers are forced to work excessive hours of work - overtime, work on rest-days, public holidays and even working a second job to supplement their household income.

Working prolonged hours, and by extension enhancing production for employers, results in the deterioration of the workers' physical and mental health.

In my view working prolonged hours of work is as good as modern day slavery wherein, in the absence of a decent sustainable wage for a 8 hour work day, a worker is forced to supplement his income by working excessive overtime, working on rest-days, public holidays and even taking on a second job.

What, therefore, needs to be postulated is whether the existing Minimum Wage system is still relevant under the circumstances.

4. A Living Wage Module As Opposed To A Minimum Wage System.

Professor Yeah Kim Leng from the Sunway University Business School has opined that, given the Bank Negara study 2018, workers will need a side income to make ends meet on a minimum wage of RM1200.00 (FMT 28.10.2019).

It is, therefore, apparent that workers cannot survive on the current system of a minimum wage of RM1200.00 a month.

Given the said reality what that needs to be deliberated is whether there is a need for a paradigm shift from a "minimum wage" system to a "living wage" module.

In my opinion the existing National Minimum Wage Council ought to be re-branded to a "National Living Wage Council" with the absolute power to decide on a "living wage" rate of pay without being subservient to the government.

As no wage system can remain stagnant, a bi-annual revision of the "living wage" as is the existing mechanism in respect of the "minimum wage" ought to continue.

5. Correlation Between The Rate Of Unionisation And Wage Inequality

It is argued, through academic research, that there is a correlation between the rate of unionisation and income inequality - the lower the rate of unionisation, the higher the income inequality.

In Malaysia it is an indisputable fact that the existing labour laws impedes organising efforts by unions.

Take for example the case of the electronics workers. According to international standards the electronics sector is classified under the E&E (electrical & electronic) sub-sector. Going by that internationally accepted classification the existing Electrical Industry Workers Union (EIWU) ought to have been accorded the right to organize the workers in the electronic sector.

If the EIWU had been accorded the right to organise the electronics workers, the chances are that wage inequality could have been addressed, substantially, in that sector that employs thousands of workers.

But the government did not permit the EIWU to organise the electronic workers so as to suppress the numerical strength of the EIWU and, in the process, prepertuate wage inequality in the electronic sector. Ultimately, the government's ploy was to dilute the unionisation of the electronic workers into a regional demography.

It is, thus, obvious that a fundamental flaw, in the country's income inequality, exist in the correlation between the rate of unionisation in the country.

Where unionised workers are covered by collective agreements, which provides for salary adjustments once in three (3) years, an estimated 93% of the unorganised workers are left at the whims of their employers in granting such periodic salary adjustments. And, where unionised employees are entitled to annual salary increments, by virtue of the collective agreements that are in force, 93% of unorganised workers have no legal right to demand such annual increments from their employers.

What then is the challenges in matter?

Until, and unless, laws that curtails organising efforts are removed our trade union movement would continue to function without the strength of numbers. In the absence of laws that would promote a vibrant and progressive labour movement we would continue to function as an ineffective movement to transform the socio-economic position of the working class. Under the circumstances, the trade union movement has to pursue a transformation of the existing repressive labour laws so as to provide a conducive legislative eco-system that would promote unionisation of workers.

6. CUEPACS - Minimum Wage Of RM1800.00 For Civil Servants

An economist, Shankaran Nambiar from the Malaysian Institute Of Economic Research, whilst agreeing that the current minimum wage cannot meet the minimum living standards (of the civil servants) nevertheless was of the view that the government should wait for the economy to improve before raising the minimum wage.

That, proposition, in my view, is devoid of any probative justification for the simple reason that the government is under an obligation to address the income disparity that is already existing so as to ensure that the civil servants are paid an acceptable "living wage". And, by extension, I would argue that a "living wage" should also be implemented for the private sector workers.

In parting I would also argue, that, the government must accord CUEPACS the right to collective bargaining pursuant to ILO Conventions 98 read together with Convention 154. CUEPACS, as the single largest trade union organisation representing civil servants, must be given the right to collectively bargain for and on behalf of the civil servants and not be at the mercy of the government to dictate wages and terms and conditions of employment of the civil servants.

Fundamentally, the right, to collective bargaining, must be accorded to CUEPACS consonant with the guiding Conventions of the ILO.

So, what position should the labour movement take in the circumstances?

7. Conclusion

The challenges are set-out in clear terms.

Firstly, the labour movement has to, relentlessly, pursue a transformation of the embedded pro-employer labour laws. We need to continue our struggle to ensure that the government confirms with the core ILO labour standards such as Convention 87, 98, 154,190 etc.

Secondly, we need to pursue a holistic realignment of the social-economic policies of the government that has given preference to employers which has margainlised both the working class citizens of the country and the trade union movement.

Thirdly, we need to demand that the out-dated Minimum Wage System be re-calibarated to an "living wage" module based on the 2018 Bank Negara study.




Opinion Piece by:-
K. Veeriah
24, Jalan Goh Swee Huat
Taman Bukit
14000 Bukit Mertajam
016 4184520
21.4.2021

Tuesday, January 19, 2021

Are We Headed For An Escalation In Job Losses, Pay-cuts, Etc Given The Current MCO? -

 Are We Headed For An Escalation In Job Losses, Pay-cuts, Etc Given The Current MCO? - MTUC Penang Division


Just a few days into the current MCO we have been receiving complaints, of workers being asked to consent to pay-cuts, unpaid leave etc. We are not surprised as we were inundated with such depressing complaints during the initial MCO commencing 18.3.2020.


 Though the government has an inherent responsibility to  ensure that the margainlised segment of society are provided with substantial economic assistant, such abject failure is but a blantant dereliction of its duty. Just look at the RM15 billion Permai package announced by the Prime Minister today. 


Firstly, it lacks depth in providing significant relief to the B40 and M40 citizens. Secondly,  the economic deprivation, of those in the informal sector who constitute the largest segment of society, has not been addressed.  And the fact remains that they stand deprived of relieves on account of not being captured by the data base on which financial aid is distributed such as the Income Tax, EPF, SOCSO etc. 


It is appreciated that the government has extended the wage subsidy scheme to all sectors though how much of a relief it would provide to employers is subjective. As it is the hoteliers are lamenting that their woes have not been considered in the latest Permai package.


It is an indisputable fact that the most margainlised segment of society are being confronted with the inability to make payments on borrowings. Thus, an extended blanket marotorium would have been a timely relief. Sadly, the government has found it appropriate to leave it at the discretion of the financial institutions.


Besides the issues raised herein, what ought to have been a cause for concern, on the part of the government, is not only the increasing rate of unemployment but more so the homeless.


And the fact remains that the jobless, and the homeless, are forced to depend on the kindness of sympathetic organisations and individuals for their next meal. Thus, it was not surprising that thousands converged in Putrajaya just to collect a frozen chicken! In our view this single incident epitomises the dire state of financial stress the people are undergoing. Unfortunately, the plight of the jobless and the homeless has not been addressed by the government.


We, therefore, take the liberty to suggest that the government formulates a comprehensive financial assistance programme encapsulating the needs of, primarily, the jobless, the homeless and those entrapped in the vicious low and middle income trap.



K. Veeriah 

Secretary MTUC Penang Division

016 4184520

18.1.2021

Sunday, December 20, 2020

TOP GLOVE :::The Death Of Yam Narayan Chaudhary And The Underlying Issues.

 Press Release By The Malaysian Trades Union Congress, Penang Division - The Death Of Yam Narayan Chaudhary And The Underlying Issues.


Yam Narayan Chaudhary, in our view, is a victim of the unacceptable working conditions under which migrant workers toil to eke out a living. Prolonged hours of work, coupled with a neglect of decent living conditions, thus, exposing migrant workers not only to infection of the  Covid-19 virus but other communicable infections, probably, has to be the underlying factor for his death.


He was employed as a security guard in Top Glove. It has been reported that, due to the absence of thermal scanners, security guards, like the late Yam Narayan Chaudhary, had their work load increased. Without speculating, as to why the lack of thermal scanners, we are inclined to conclude that the company had neglected it's duty of care in the matter. 


Having registered the single largest Covid-19 cluster, the Teratai cluster that has been attributed to cramped dormitories, it would have been expected of the  company to implement all reasonable precautionary measures to mitigate the impact of the Covid-19 pandemic. Sadly, that seems to be the down side in the circumstances.


According to the Director-General of the Ministry Of Health, Yam Narayan Chaudhary, was brought to the hospital with category 4-5  condition described as pneumonia with lung fibrosis. On this issue what needs to be addressed is why such an inordinate delay in  sending him for medical attention? It is our view that the company has to be held accountable on the issue as they are vicariously liable in the matter. 


It may well be argued that the death, of Yam Narayan Chaudhary, is an isolated case but to us it is a wake-up call for all employers. Employers, so much as they are in pursuit of enhancing out-put, cannot abrogate their responsibilities in providing a safe system of work. And, by extension, conducive living conditions as dictated by internationally accepted standards and the Workers' Minimum Standards Of Housing And Amenities Act, 1990. 


Migrant workers' activist, trade unions and concerned civil society organisations have been advocating for fair wages, safe working conditions and decent housing of workers, even before the advent of the Covid-19 pandemic. That legitimate demands were never heeded by the government or the employers. On the contrary such advocates were tagged as "trouble makers"! Having regards to the prevailing state of affairs such advocacy was never misplaced! 


It is, thus, our demand that both the government and employers discard the primitive notion that workers are a mere component of the means of production. It is also our contention that workers should not be "dehumanised" on account of maximising profits unless both the government, and employers, elect to stand accused of being modern day slave masters!


To the family of Yam Narayan Chaudhary MTUC Penang Division extends our heartfelt condolences. May his soul rest in peace in the arms of God almighty.


K. Veeriah 

Secretary 

MTUC Penang Division

016 4184520

17.12.2020

Thursday, December 3, 2020

Workers' Minimum Standards Of Housing And Amenities Act 1990 And Deplorable Living Conditions

 Workers' Minimum Standards Of Housing And Amenities Act 1990 And Deplorable Living Conditions 


After visiting the Top Glove migrant workers dormitories, the Minister Of Human Resources is reported to have said that he found it deplorable. If that be the case, in the  the world's largest manufacturer of rubber gloves, we are left wondering whether that would be the state of affairs in all other sectors that depends on migrant workers to roll-out production.


MTUC Penang Division wishes to commend the Minister's statement that, the entire labour department's resources would be mobilised to investigate the matter.


So much as we appreciate the Minister's concerns what needs to be postulated is whether his ministry would also adopt the same approach in all other sectors be it manufacturing, plantation or construction. 


Though, the Workers' Minimum Standards Of Housing And Amenities Act 1990 (Act 446), has been around for a long time it is sad that the government has only recognised it's usefulness in reference to the Top Glove Teratai Covid-19 cluster. The announcement, by the  senior minister Ismail Sabri Yaakop, that the said Act would be enforced immediately is a manifestation of a knee jerk political response whilst the said law ought to have been enforced much, much earlier. 


Clearly, the Covid-19 pandemic has confirmed the concerns of trade unions, and activist, of the unacceptable living conditions provided to migrant workers. When such concerns were, then, raised by activist we were accused of peddling half truths or, worst still, down right lies. 


Now that, the Human Resources Minister has seen it for himself, we hope that affirmative action would be forthcoming without fear or favour irregardless of the clout that big corporations so yield. The Honourable Minister's pronouncement should not, we hope, be another public relations exercise - all full of sound and fury but signifying nothing!


In conclusion we also call upon the government to pay attention to the living conditions of the undocumented migrant workers and domestic workers who have not being given due recognition to their contributions in sustaining economic activities of the nation. They remain ostracised only on account of their non-documented status. And, in the case of domestic workers, their exclusion from protection under the prevailing legal framework. 


Though, that be the case there is no justification for the government to deny them their basic right to acceptable living conditions, access to health care and social security protection.


Our nation cannot lay claim, to being part of the international community, if it abrogates it's moral obligations to the millions of non-documented migrant workers who have been toiling to sustain the country's economic transformation. They, too, are an integral composition of the nation's economic endeavours and, as such, ought to be accorded due recognition per se. 


K. Veeriah

Secretary 

Malaysian Trades Union Congress 

Penang Division 

016 4184520

2.12.2020