KUALA LUMPUR, March 22 — An independent think tank has questioned recent amendments to the Employment Act 1955, saying that complications could arise following the deletion, revision and addition of certain provisions within the Act.
Chief executive officer of the Galen Centre for Health and Social Policy Azrul Mohd Khalib gave an example that one of the definitions of an employee under the First Schedule is a person who has entered into a contract of service with an employer under which a person’s wages do not exceed RM2,000 a month.
“How about those who earn more than that amount?
“However, the relevant paragraph on employee definitions in the First Schedule were not amended. Legally, it would mean that the entitlements, benefits and protections described under the Employment Act would only be applicable to those defined as employees in the legislation,” he said in a statement today.
The matter, he added, would potentially mean both women and men who earn more than RM2,000 would not be entitled to the newly agreed-upon maternity leave of 98 days and paternity leave of seven days as well as protection from pregnancy discrimination in the proposed Section 41A which prohibits the termination of a female employee on the grounds of pregnancy.
Azrul said the Bill should be sent back by the Dewan Negara to Dewan Rakyat instead of relying on the Minister’s Order to be issued after the Bill has been successfully passed into law and gazetted to address these gaps.
“What is likely to happen is that companies will retain the 60 days maternity leave, and just not give the additional 38 days and paternity leave. After all, there is no legal obligation until there is a Minister’s Order. What is the rationale behind this approach?
“Why is there a need for a separate Minister’s Order when you can just incorporate the changes into this round of amendments to the Employment Act?” he said.
Yesterday, amendments to the Employment Act 1955 (Act 265), which among others, proposed for paternity leave to be increased to seven days from three days currently, was approved in the Dewan Rakyat today with a majority voice vote.
Deputy Minister of Human Resources Datuk Awang Hashim, when tabling the Employment (Amendment) Bill 2021 for second reading, said the increase in paternity leave was to allow more space for men workers to manage family affairs after welcoming their child.
A total of 19 MPs from the government and Opposition blocs took part in debating the Bill with most of them touching on issues of paternity leave, maternity leave, minimum wage and forced labour.
