Wednesday, May 31, 2017

PERATURAN-PERATURAN KESATUAN SEKERJA 1959

PERATURAN-PERATURAN KESATUAN SEKERJA 1959

 [Malaysia Barat 1hb Ogos 1959 (P.U. 323/59)
 Sabah 25hb Mac 1965 (P.U. 115/65) Sarawak 19hb ogos 1965 (P.U. 311/65)] 

1.Nama. Peraturan-peraturan ini bolehlah dinamakan Peraturan-peraturan Kesatuan Sekerja 1959. 

2. Akta. Dalam Peraturan-peraturan ini ungkapan “Akta” ertinya Akta Kesatuan Sekerja 1959. 

BAHAGIAN I 

Saturday, May 27, 2017

Should a country limit unskilled immigrant workers to safeguard national productivity growth'

There are about 245 million migrants worldwide - around 3% of the world population. Roughly one-fifth are tertiary educated. Middle-income countries have a smaller proportion of immigrants than high-income countries (about 1% versus 12%). But for a number of middle-income countries with more immigrants than others, there is uneasiness about relying on unskilled foreigners as they strive to leap from low-wage labor and imitation to high-skilled labor and innovation. There are palpable concerns in Malaysia, for example, with some 2.1 million registered immigrants - about 7% of its population - and likely over 1 million undocumented immigrants. Things reached a crescendo early last year when all new hiring of unskilled foreign workers was suspended as the Malaysian government re-evaluated the management and need for foreign workers. The freeze was subsequently lifted for select sectors amid complaints of labor shortages.

Govt unveils employers’ guide to dealing with foreign worker

Malaysia has launched its first Guidelines and Tips for Employers of Foreign Domestic Helpers which contain useful information on laws and best practices related to recruitment and employment of foreign domestic workers.
Human Resources Minister Datuk Seri Richard Riot when launching the guidebook at the Putrajaya International Convention Centre here today, said it was an important document jointly initiated and produced by the ministry and International Labour Organisation (ILO) to assist employers of foreign domestic workers in addressing and handling many situations and issues they might face upon engaging foreign domestic workers.

Tuesday, May 23, 2017

Main challenges of industry 4.0 today

The impact of technology’s influence, new devices and new forms of communication, has not only affected the private scenery; it is also revolutionising industry with each passing day. No one can escape the industry 4.0concept – a term that references the application of digital technologies in the industrial production chain. And that is because nowadays, industrial processes demand a high connectivity between all of their processes. But are we prepared to keep up with this technological evolution? Where would we set the boundaries for SMEs? You will find this article interesting. 


The road towards the fourth industrial revolution

Industry 4.0 appears as a new breakthrough of industrial development, making an extensive use of the Internet and other technologies. Each day we are witnesses to a constant evolution, which we could sum up in a single concept: “The fourth industrial revolution”.
In short, it involves the generalisation of certain technological resources in the industry which enable the interaction between two worlds: the physical and the digital ones. Specifically, it can be defined as the link between the physical and the virtual worlds in order to turn industry into a smart industry.

But what are the challenges of industry 4.0?

The challenges faced by industry 4.0 should not only focus on the application of new technologies through the improvement of mechanic and robotic processes; it should also optimise other areas: logistics, customer service, management, etc., through the use of analysis systems and software development.

What is the end goal?

  • Implementing multi-sensor systems that enable the collection of data, learning systems and automatic decision making.
  • Following Six Sigma processes, which eliminate variability with the goal of ensuring the reduction of product errors, defects and delivery failures.
  • Ensuring the traceability of components along the entire value chain – an important aspect to gather all the necessary information for each unit produced.
In search of a better efficiency, accomplishing optimised, profitable processes will rely on the adoption and implementation of technological tools that facilitate maintenance management, being able to optimise and automate processes and improve the adequacy of a product.

1. The challenge of advanced manufacturing

Today we see a deep interest for innovation within productive processes. This “advanced manufacturing” seeks to have a firm grasp on factors such as measurement, operation planning and integration of other new systems and platforms into the productive system.
In relation to this concept, we could mention the following challenges for SMEs:
  • Knowing how to manage the technological investment and adapt to new support tools. Innovation is a differentiating aspect for SMEs, and in this regard, investment in automation and the knowledge of new digitalised applications is key. Technological specialisation will become a differentiating aspect in any industry.
  • A comprehensive understanding of the customer. Customers are increasingly demanding and have more information on their hands to make decisions. Knowing their needs through new marketing strategies and data analysis is another big challenge for any SME. Nowadays, no one can manufacture while turning their backs to their potential customers.
  • Data mining: Data analysis for decision making. In relation to the previous item, the arrival of the digital revolution on industry elicits another major goal: being capable to obtain more and better data to support strategic decision making. Strategic coherence is only possible through the analysis of results and environments.

2. The challenge of sensor technology

Absolutely essential. In fact, industry 4.0 may be impossible without smart sensors.
Their operation focuses on providing machines with the ability to see, detect and communicate smartly. This aspect is characterised by the supervision of production systems, and allows for the detection of failures or errors, turning processes more efficient and profitable.
In this regard, implementing this technology and training for it involves one of the most difficult challenges for a smart factory.

3. The challenge of process digitalisation and automation

Thanks to IoT, processes will be able to be controlled from any type of mobile application, implying a competitive advantage in relation to manufacturers who apply more conventional methods. The concept of mobility is fundamental for improving times, reducing costs and fostering client-manufacturer communication at all times.
Overall, the concept of factory 4.0 is gaining importance across many sectors, including that of gear motor and speed reducer manufacturersCLR has made great investments in this area, computerising its productive processes and implementing new software and disruptive technologies such as 3D printing of injection moulds.
source:::http://clr.es/blog/en/main-challenges-of-industry-4-0/
Hasil gambar untuk industry-4.0

Friday, May 19, 2017

MALAYSIA:::Human Resources Ministry aims to make housing for foreign workers a mandatory

 The government is amending a law to make it mandatory for employers to provide an integrated and centralised labour quarters for their foreign workers by next year.

Human Resources Minister Datuk Seri Richard Riot Jaem said his ministry will table the amended Standard Minimum Housing and Amenities Act 446 (1990) in Parliament on January 8 next year as part of efforts to provide better living conditions for foreign workers as well as address various social ills.

“Hopefully, the legislators will pass this amendment to make it compulsory for all employers to provide basic minimum standard housing for their foreign workers,” Richard told reporters earlier today.
He had earlier launched a centralised labour quarters comprising 40 units with three rooms each, which is able to accommodate up to 600 workers.

At present, the existing law stipulates that only plantation companies must provide living quarters for their foreign workers.

Some foreign workers in Malaysia are living either at hostels provided by their respective companies or at rented properties.

If the amended law is passed, employers from all sectors such as manufacturing, security, food and beverage, and others will have to provide living quarters for their foreign workers.

Richard said the effort is needed as Malaysia does not have a minimum standard for foreign workers’ living quarters which have caused various social problems.

“It is hoped that with this initiative, the welfare and the safety of the foreign workers can be ensured as well as preserve the social harmony among the community and (for us to) adhere to international standards involving the management of foreign workers.”

Thursday, May 18, 2017

MALAYSIA:::‘Drop in jobless rate nothing to shout about’

News of a drop in the unemployment rate has failed to impress either the Malaysian Trades Union Congress (MTUC) or the Malaysian Employers Federation (MEF).

MTUC president Abdul Halim Mansor and MEF executive director Shamsuddin Bardan said the public should look beyond the numbers shown in a report that MIDF Research released last Tuesday.
The report, which showed figures collected up to March this year, said the unemployment rate had decreased to 3.4% after three consecutive months of staying at 3.5%.
Halim said the report did not consider the fate of workers who had been retrenched.
He told FMT it was more difficult for retrenched workers to get employment than it would be for new entrants into the job market.
“Most of them lost their jobs mainly because of age,” he said. “And these people are usually rank and file and have not been provided with any position upgrade certifications.
“So when they are laid off, it’s harder for them to find suitable jobs that match their previous positions. They are forced to start from scratch.”
He also spoke of the challenge faced by young people who could not find jobs to match their qualifications.
“If you give a job that pays RM1,000 to an applicant that has a college degree, of course the applicant will not accept it,” he said.
Shamsuddin said the government should be focusing more on the youth unemployment rate, which is three times higher than the average national unemployment rate.
He also said the private sector was hard pressed to create more jobs in the currently sluggish economic environment.
Bank Negara Malaysia’s annual report for 2016 said the youth unemployment rate in Malaysia reached 10.7% in 2015. It said most young people could not find employment because they lacked experience and communication skills.
Halim-Mansor-shamsudin
MTUC and MEF say the public should look beyond the numbers.

MALAYSIA:::Challenges posed by an ageing population

 As the average working Malaysian struggles with the rising cost of living, stagnant wages and low savings or none, a pertinent question to ask is: how will they cope when they retire?

The question becomes more frightening when one takes into account the increasing numbers of the elderly. What does the future hold for Malaysia after 2046, when those aged above 60 – the current retirement age – outnumber those below 15 years of age?
Government statistics indicate that the proportion of the elderly has been steadily increasing, from 5.4% of the population in 1970 to 8.0% in 2010.
By 2050, it is projected that the elderly will number 9.6 million, or 23.6% of the population.
Ageing populations are already posing challenges for a number of countries. For example, Singapore now has only 4.9 working adults for each citizen aged above 65. Less than 50 years ago, it had 13.5 working adults for each elderly citizen.
If the retirement age in Malaysia remains the same and life expectancy continues to increase, more people will be claiming pensions and fewer people will be working and paying taxes. This was pointed out to FMT by Ng Yeen Seen, who heads the Centre for Research, Advisory and Technology.
“Hopefully,” she said, “this will not lead to higher taxes for working Malaysians.”
She said higher taxes would discourage people from working hard, thereby affecting productivity.
She advocated raising the retirement age as a way of meeting the challenges posed by an ageing population. “This will allow people to contribute to the economy for a longer period.”
She also suggested promoting private sector pensions to add to the spending power of the elderly.
The Malaysian Employers Federation (MEF) said a smaller manpower pool might not be the biggest problem in a country with an ageing population because industries would opt for increased automation.
“The types of jobs needed in the future won’t be labour intensive,” said MEF executive director Shamsuddin Bardan. He cited a 2016 World Economic Forum report, which says as many as seven million jobs will cease to exist in leading economies by 2020 due to technological advancements.
The report also says 65% of children starting primary school in 2016 will end up working in jobs that don’t even exist yet.
“So, on one hand, we don’t need to be labour intensive but on the other hand, we have to make sure our education system can produce talents that are innovative, multi-skilled and highly adaptable to future market needs,” Shamsuddin said.
He also said the government should develop a master plan for the ageing population and leverage on the ability of the elderly to be economically active.
“In Singapore, companies are given incentives to hire workers who have passed their retirement age of 62. They are encouraged to work for at least another three years.”
He noted that Malaysia had yet to develop such a policy, saying this had resulted in a “waste of potential” among the elderly.
It is estimated that about 200,000 people retire from the Malaysian private sector every year.
Shamsuddin said Malaysia should emulate Thailand and Singapore, where the elderly are hired for simple jobs such as tending to the cleanliness of airports. He noted that young foreigners dominated such jobs in Malaysia.
“We should give employers incentives to hire retirees instead of foreign workers,” he said. “That way, retirees can also earn money to help them survive.”
Shamsuddin-Bardan
What will happen when more people claim pensions and fewer people earn taxable income?

MALAYSIA:::125 illegals nabbed in Bukit Bintang raid

The Immigration Department continued its tough stance on undocumented foreigners following raids at two malls in the heart of the city centre yesterday.
The department, joined by policemen and National Registration Department personnel, screened 260 foreigners during their raids at Low Yat Plaza and Imbi Plaza.
Some 125, aged between 25 and 40, were arrested for various offences including wrongful use of social visit passes, overstaying and carrying fake documents. From the 125, 105 were men while the rest were women.
Those detained were sent to the Bukit Jalil Immigration detention centre for further questioning before being deported back to their respective countries.
Immigration Department director-general Datuk Seri Mustafar Ali led the operation that comprised 170 personnel.
He said the joint operation would be carried out regularly to detect, detain, charge and deport illegals here.
“Let me once again remind the public and employers especially, not to employ, harbour and protect illegal foreign workers as those found guilty will face stern action,” Mustafar said.
“Members of the public who have any information and leads on illegal foreign workers are more than welcome to come forward and pass it to the department so that necessary enforcement can be carried out.”
Yesterday’s raids came barely three weeks after operations at another mall in Bukit Bintang.
Mustafar disclosed 5,908 operations were carried out from Jan 1 to Tuesday. Of the 562,654 foreign workers screened, 17,971 of them were illegals. 
Some 19,457 were deported while 497 employers were hauled up for employing or harbouring illegal foreign workers. 
Mustafar reiterated the government had given a grace period until June 30 for employers to register their illegal and undocumented foreign workers for their e-cards.
“So far only 85,000 have registered for their e-cards and this number is well below the estimated target of between 400,000 and 600,000.
“I hope employers will take the opportunity to do the right thing and register their undocumented foreign workers as soon as possible as we will be carrying out continuous enforcement with raids, inspections and screenings across the country,” he said.
On April 29, Mustafar led a joint operation together with four other government agencies at Pavilion Kuala Lumpur where 211 illegal foreign workers were detained.
Some of the 125 undocumented foreigners sit in front of Low Yat Plaza following yesterday’s operation.
Image result for Immigration Department malaysia

MALAYSIA::: Company fined for unauthorised deductions from workers' salaries

An employee outsourcing company was today fined RM32,400 by the magistrate's court for two labour-related offences.
Human Connection HR (M) Sdn Bhd was fined RM24,000 for 18 charges of failing to obtain consent from the Director-General of the Selangor Labour Department to deduct RM100 each from the wages of 18 Nepalese workers for their accommodation.
The company was also fined RM14,400 for 16 charges of failing to pay the minimum wage of RM1,000 as stipulated in the Minimum Wages Order 2016 to 16 Nepalese workers for three months, beginning Aug 2016.
The company, which was represented by its human resources manager, Salmah Ali, pleaded guilty to committing all 34 offences at its office at No 4, Jalan 241, Section 51A near here on Sept 10 and Dec 10, 2016.
In seeking a lenient sentence, Salmah told magistrate Mohd Azali Ibrahim that the company did not pay the minimum wage to the foreign workers because the company faced financial difficulties in 2016, but that the outstanding amount has been paid.
As for the wage deduction for the workers’ accommodation, she said that the company had, in Sept 2016, applied to the Labour Department for approval – which was obtained in Feb, 2017.
Prosecuting officer Siti Nur Alifah Hairuddin, from the Selangor Labour Department, said deducting wages from employees’ salary is a serious issue, because workers are entitled to their salaries.
"The RM100 deduction for each worker for accommodation is also too much. The department only approves a deduction of up to RM50 per employee. And the government had introduced the minimum wage to improve peoples’ living standards as Malaysia heads towards developed country status.
"In this case, those involved were all foreign workers and the incident created a negative impression of the country, as the matter was highlighted in the 'The Guardian' newspaper in England, which stated that fast food company workers were being exploited in Malaysia," Siti added.
Deputy Human Connection HR Company (M) Sdn Bhd, Salma Ali was fined RM32,400 by the Magistrate's Court Petaling Jaya is a mistake to fail to pay the minimum wage and making unauthorized deductions of foreign workers. (pix by SYARAFIQ ABD SAMAD)
source:::https://www.nst.com.my/news/nation/2017/05/240142/company-fined-unauthorised-deductions-workers-salaries

Thursday, May 11, 2017

ASEAN, Canada agree to improve protection of migrant workers

ASEAN member countries and Canada have agreed to improve the protection of migrant workers during the 14th ASEAN-Canada Dialogue Meeting in Ottawa, Canada, on May 8, 2017.

This was stated in a press statement from the Directorate General of ASEAN Cooperation at the Ministry of Foreign Affairs, received in Jakarta, on Tuesday.

"ASEAN and Canada share common views and concerns about violence against women and children, human trafficking, and the protection of migrant workers," Director General of ASEAN Cooperation, Jose Tavares, who led the Indonesian delegation to the meeting, stated.

ASEAN member countries consider Canada as an important partner in promoting human rights and democracy in the region.

"In response to human rights issues raised by Canada, Indonesia underscored the efforts to promote and protect human rights, which is a common commitment between ASEAN and Canada," he noted.

On that occasion, Canadian Delegation chairman Donald Bobiash stated that Canada had lauded the efforts of ASEAN countries in the protection of the rights of migrant workers.

"ASEANs efforts to promote and protect the rights of ASEAN migrant workers are appreciated by Canada. Canada will realize the project worth US$5.5 million in an attempt to support and protect the rights of ASEAN migrant workers as implemented by Prime Minister Justin Trudeaus statement in Sept 2016," he remarked.

In addition to addressing human rights issues, the two sides also discussed strengthening in various areas of cooperation between ASEAN and Canada, such as global economic environment, counter-terrorism/extremism and radicalization, connectivity, climate change, and disaster mitigation.

The partnership between ASEAN and Canada has been started since 1977. The cooperation between the two parties has reached an enhanced partnership.

"Canada praises the well-established ASEAN-Canada partnership for 40 years. Canada expects the status of the partnership to be strengthened continuously in the future," he remarked.(*)


source:::http://webcache.googleusercontent.com
Image result for asean canada

In Malaysia, easier to say sorry than ask for permission

In Malaysia, easier to say sorry than ask for permission

Panasonic, Samsung act to protect foreign migrant labour after expose

 Labour rights groups have welcomed the positive measures being taken by Panasonic and Samsung to address alleged abuse of foreign migrants in their supply chains in Malaysia, according to The Guardian.

However, they said more concrete steps needed to be taken to ensure migrant workers are not exploited.
Panasonic, for instance, had organised a series of human rights seminars for its suppliers and established a confidential whistleblowers’ hotline to report alleged abuse, The Guardian reported.
It has also identified 15 companies in its supply chain where workers are at potential risk of abuse and is trying to ensure workers get adequate protection.
Samsung, for its part, has issued new guidelines to its suppliers, including a ban on recruitment fees and the retention of workers’ passports.
It also terminated the contract of the labour supply company identified in The Guardian report last year as being allegedly involved in the abuse.
The Guardian said Angela Sherwood, a migrants’ rights researcher at Amnesty International, was happy with the introduction of such policies and guidelines.
However, she raised questions about their implementation and enforcement, including whether they were acting decisively against suppliers who exploited workers.
“How do they protect and support exploited workers in their supply chains?” she was quoted as asking.
Golda Benjamin, Southeast Asia researcher for the Business & Human Rights Resource Centre, also wants to see better safeguards introduced to protect migrant foreign workers.
The Guardian quoted her as saying: “The best brands engage with suppliers and work together to protect the people who make their products.”
Last November, The Guardian reported that workers making goods for both the global electronics brands were being exploited.
Its investigations found that Nepalese workers employed in the Panasonic and Samsung supply chains had been duped about their work and salaries. Their passports had been confiscated and they were deeply in debt after paying large sums to recruitment agents for the jobs.
The report said high recruitment fees left many of the tens of thousands of foreign migrant workers vulnerable to debt bondage and forced labour.
Meanwhile, Laurent Abadie, the CEO of Panasonic Europe, told The Guardian there might be thousands of subcontracted companies behind Panasonic’s 589 direct suppliers in Malaysia.
“It’s a complex and difficult issue to tackle because of the number of suppliers. It’s not all fine yet, but we are making progress. I think there is a general commitment. It is very complex. It’s a matter of education, awareness and persistence,” he was quoted as saying.
Meanwhile, NXP Semiconductors, a Dutch electronics manufacturer with a factory in Petaling Jaya won a “stop slavery” award in 2016 for its work in creating a supply chain free of exploitation, according to The Guardian.
The firm, it said, was recognised for policies designed to make anti-slavery “everyone’s business in the company”.
The report said NXP’s board of directors and the CEO himself signed off on all human trafficking policies.
Also, the company interviews foreign migrant workers before they depart. If it finds that they have paid recruitment fees, the money is refunded, and the recruitment agents in the country of origin are audited.
migrant-labour-panasonic-samsung
The Guardian, which exposed abuses by contractors along the supply chain of these firms last year, reports that rights groups want more concrete measures.