The Human Resources Ministry has addressed recent concerns over the amendments to Act 265 of the Employment Act 1955.
In a statement today, the ministry said that a minister’s order would be issued to ensure the benefits and protections under Act 265 extend to all, no matter how much their salary is.
“Follow-up amendments need to be made to the First Schedule of Act 265 through an order in accordance with the powers of the human resources minister under sub-section 2(2) of Act 265 to enable all workers in the country to receive the minimum benefits and protections prescribed under Act 265,” it said.
The ministry also said a draft order to amend the First Schedule has been prepared and assured that the order will be enforced on the same date that the Employment (Amendment) Bill 2021 comes into effect.
Yesterday, an independent think tank 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.
CEO 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.
Azrul had said that it 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.
On Monday, the 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, were approved in the Dewan Rakyat with a majority voice vote.
Deputy Minister of Human Resources Datuk Awang Hashim, when tabling the Employment (Amendment) Bill 2021 for a second reading, said the increase in paternity leave was to allow more space for male 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.
