IPOH, March 16 — Putrajaya should amend the Employee’s Social Security Act 1969 to ensure all workers are protected, said a federal lawmaker after a woman was denied compensation because she was employed by her husband.

According to Ipoh Barat MP M. Kulasegaran, Paragraph 5 of the First Schedule to the Employee’s Social Security Act 1969 specifically prohibits spouses from deriving Social Security Organisation (Socso) benefits if they work for their partners.

“The Act is supposed to be a ‘safety net insurance’ for all legal workers in Malaysia, which includes a wife working for her husband,” he said in a statement in which he described the discrimination to be unlawful and unconstitutional.

In the case of M. Veeradevi, 62, she began working as an administrator in her husband’s insurance agency in 2000.

Her employer and husband, S. Ganesan, 70, made monthly Socso contributions for Veeradevi, as did she from her pay.

Kulasegaran pointed out that Socso never declined the monthly contributions throughout the entire time she was in Ganesan’s employment.

“It is only when she suffered from a health problem they abandoned her,” he said.

In December 2009, Veeradevi consulted with a doctor about pain in her leg and eyesight problems. Both deteriorated and in February 2014, she was declared unfit for work.

She then applied to Socso for reimbursement of her medical expenses, but this was rejected.

Veeradevi was advised to appeal to the Perak state Social Security Appeals Tribunal, which

Kulasegaran said was dismissed on the grounds that she is not eligible for coverage due to her relationship with Ganesan.

She then sued the government of Malaysia last year.

“This is a clear-cut discrimination on the ground of marital status. This discriminatory does not serve the object and purpose of Socso at all.  

“Thousands of women like Veeradevi and to a certain extent, men are not covered under SOCSO just because of their marital status,” he added.

Kulasegaran points out that those applying for Socso benefits were the category of Malaysians who most needed the protection.

Veeradevi’s case was heard in the Ipoh High Court in front of Judge Datuk Che Mohd Ruzima Ghazali.

Kulasegaran as well as lawyers New Sin Yew and Omar Kutty represented Veeradevi while a federal counsel appeared for the government.

Che Mohd Ruzima fixed May 15 for decision.