DEWAN Negara should send the Employment Act 1955, which was passed yesterday, for review and changes, the Galen Centre for Health and Social Policy said.

It said that the proposed amendments potentially put women at a disadvantage with the changes.

Its chief executive Azrul Mohd Khalib said as an example, 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. 

“A wage cap should not be a precondition for a person to be considered an employee under the law. How about those who earn more than that amount?” he said in a statement. 

Azrul said the amendments would mean that people 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.

This, he said, includes protection from pregnancy discrimination in the proposed Section 41A, which prohibits the termination of a female employee on the grounds of pregnancy.

Yesterday, the Dewan Rakyat passed an amendment to increase maternity leave from 60 to 98 days under the Employment Act 1955. It was approved with a voice vote.

The extension is in line with recommendations made by the International Labour Organisation. Its Convention 183, passed in 2000, requires governments to guarantee 98 days (14 weeks) of paid maternity leave.

The amendment bill involved changes to 46 clauses, including 10 new clauses, 26 amended clauses, and six repealed clauses.

Azrul said the bill should be returned to Parliament to be reviewed instead of relying on a Minister’s Order to be issued after the bill has been successfully passed into law and gazetted to address these gaps. 

However, he said it is odd that these changes were not simply included in the proposed amendments bill as they were known beforehand and deemed necessary.

“What is likely to happen is that companies will retain the 60-day maternity leave, and just not give the additional 38 days or paternity leave.

“After all, there is no legal obligation until there is a Minister’s Order. What is the rationale behind this approach?”

Azrul also questioned why there is a need for a separate Minister’s Order when they could just incorporate the changes into this round of amendments to the employment act.

The Galen Centre for Health and Social Policy is an independent public policy research and advocacy organisation dedicated to discussing health and social issues through the lens of public policy. – March 22, 2022.