Kelantan Workers Have More Rights Than High Income Sarawak Group

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A coalition of 60 labour unions renewed calls for the Sarawak government to bring the labour protections in the state on par with those enjoyed by workers in Peninsula Malaysia.
The latest call came after a World Bank economist said the state has crossed the threshold to become a “high-income state”, alongside Kuala Lumpur, Labuan and Penang.
“It’s a travesty that workers in Kelantan, controlled by PAS for decades, can enjoy better benefits and protection than workers in the high-income state of Sarawak”, the Labour Law Reform Coalition (LLRC) Sabah and Sarawak said, in a statement today.
When contacted, LLRC Sabah and Sarawak representative, Andrew Lo told Malaysiakini that the Sarawak Labour Ordinance lacked crucial rights like the definition of “part-time employees” and clauses that criminalise sexual harassment.
“These clauses that provide significant protection for workers came into effect for the rest of Malaysia in 2012 through an amendment to the Employment Act 1955,” said Lo (above).
More recent amendments to the Act, also known as Act 265, introduced progressive improvements that raised workers’ rights to international standards - which were also out of reach to East Malaysian workers.
They include clauses like 98 days of maternity leave, seven days of paternity leave and reduced weekly work hours from 48 to 45 hours, which came into effect on Jan 1.
Labour rights denied
The coalition, whose members also include NGOs and affiliates of Global Union Federations in Malaysia, referred to the delay in bringing the Labour Ordinances at par with Act 265 as a blatant violation of workers’ rights and the principle of non-discrimination.
Workers in Malaysia are governed by three separate employment laws - one for each Peninsula Malaysia, Sabah and Sarawak.
However, Acts of Parliament related to labour and their subsequent amendments need to be approved by the respective state governments, taken back to Parliament as amendment Bills to the respective ordinances, and only then would take effect in Sabah and Sarawak.
LLRC then argued that Sarawak’s newfound “high income” status means there can no longer be any excuses for failing to improve the Sarawak Labour Ordinance.
“Sabah has already agreed. All it takes is for the Sarawak state cabinet to agree for the human resources minister (federal) to table the Bill in Parliament.
"The Labour Ordinances are federal laws that need not be tabled at the state legislative assembly.”
Sarawak Premier Abang Johari OpengMeanwhile, responding to reporters today, Sarawak Premier Abang Johari Openg said the World Bank’s categorisation of Sarawak as a high-income state meant that its economic development was on the right track.
The Malay Mail reported Abang Johari also revealed that the state’s income had indeed increased substantially in 2022.
Deputy Human Resources Minister Mustapha Sakmud had urged both states’ legislature to align their Labour Ordinances with the recent amendments made in the Employment Act 1955. - Mkini

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