KUALA LUMPUR | The Dewan Rakyat today approved the Employment (Amendment) Bill 2021, aimed at enhancing protection for workers against discrimination and further safeguarding their well-being.
In tabling the bill for its second reading, Deputy Human Resources Minister Datuk Awang Hashim said the Employment Act will come in force in Peninsular Malaysia and Labuan.
“The proposed amendment involves 46 clauses which include 28 amended clauses, 10 new clauses and six repealed clauses.
“The main objective of the Employment (Amendment) Bill 2021 is to increase and improve the protection and welfare of workers in the country.
“The bill also seeks to ensure that the provisions of national labour laws are in line with international labour standards as outlined by the International Labour Organisation (ILO),” he said today.
Amendments to the Act include allowing staff to apply for flexible working arrangements from their employers depending on the suitability of the working hours, working days or workplace, as well as extending employees’ maternity leave from 60 to 98 days.
It also prohibits termination of female employees who are pregnant or suffering from illness arising out of her pregnancy, except on grounds relating to misconduct, wilful breach of the employment contract or closure of business.
A seven-day paid paternity leave for married male employees for each confinement, up to a total of five confinements, irrespective of the number of spouses, was also approved.
The bill also saw higher penalties for offences under the act, with maximum fine penalties raised from RM10,000 to RM50,000, while the existing punishment of a fine originally capped at RM50,000 will be further increased to RM100,000.
Under a new section, Section 90B, any employer who threatens, deceives or forces his employees to carry out any activity, service or work and prevents the employee from leaving the place where such activity, service or work is performed is committing an offense of forced labour under the act.
Errant employers may be fined up to RM100,000 or imprisoned for up to two years or both, he said.
The government also repealed Part VIII of the act which contains specific provisions on women working at night and working underground.
Part VIII was also proposed to be repealed to provide equal treatment and protection to women and men workers in accordance with the relevant ILO Conventions, Discrimination (Employment and Occupation) Convention 1998 (No. 111).
