Malaysian Bar Wants Employment Act 1955 To Be Amended To Protect Domestic Workers - Labour Law Blog

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Jun 7, 2011

Malaysian Bar Wants Employment Act 1955 To Be Amended To Protect Domestic Workers


KUALA LUMPUR, May 31 (Bernama) -- The Bar Council wants the government to amend the Employment Act 1955 to ensure comprehensive statutory protection for domestic workers.

Its president Lim Chee Wee said domestic workers only received minimal protection under the Act, which did not confer them the same measure of protection as other workers.

The Act among others excluded the domestic workers rights on rest days, paid public holidays, annual leave, sick leave, maternity leave and termination benefits, he said.

"Consequently, they are not entitled to a day of rest per week or to a limit in the number of hours that they can be compelled to work," he said in a statement here Tuesday.

Lim said relying on the employment contract to protect domestic workers was inadequate as they did not have the bargaining power to negotiate contractual terms in their favour and furthermore, local workers generally did not have such contracts.

Further, as such contracts were private in nature, aggrieved workers would have to pursue legal remedies under private contract law, which accorded them less protection, he said, adding that once amended, it would allow the Human Resources Ministry to enforce the provisions and prosecute those who breached them.

-- BERNAMA

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