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Borneo Post
19-05-2025
- Business
- Borneo Post
Sabah strengthens labour laws to protect workers' rights
Mohd Hanafiah (seated right) and Mohd Asri (seated left) at the event. KOTA KINABALU (May 19): The Sabah State Government is taking a proactive approach to strengthen workers' rights through amendments to its labour laws, reflecting a firm commitment to international standards and fair employment practices. Permanent Secretary of the Ministry of Science, Technology and Innovation, Datuk Mohd Hanafiah Mohd Kassim, said the amendments underscore the government's determination to protect workers from abuse, including issues such as child labour and underpayment. 'All this is for the better — to ensure we provide protection against any form of abuse,' he said at the launch of the Sabah-Level 2025 Labour Legislation Transformation Programme held at Le Meridien today. He stressed that some sectors have been found to neglect basic rights, making it essential for the government to step in with clear legal protections. 'We are fine-tuning the laws so that they can be clearly understood by the people,' he added. Hanafiah highlighted that the transformation will be carried out in stages, with multiple platforms for engagement to ensure widespread awareness. While he acknowledged the state's push for industrial growth, he cautioned that it must not come at the expense of workers' rights. 'According to the Statistics Department, we are quite behind. However, catching up does not mean we can bypass rights that must be upheld. There is no shortcut,' he emphasized, adding that the effort involves cooperation from various bodies, including the National Wages Consultative Council and Cuepacs. The programme, he said, signals the government's commitment to ensuring labour reforms reach all levels of society — from policymakers to grassroots workers. He noted that shifts in employment trends, including digitalisation and work-life balance, demand timely updates to the legislation. 'With close cooperation between the government, employers and trade unions, we can build a fairer, more inclusive, and progressive employment ecosystem,' he said. As the workforce enters a new era shaped by digital transformation, social security and equity, Hanafiah asserted that legal frameworks must evolve to keep pace. 'I have been informed that several important amendments have been made to key acts such as the Sabah Labour Ordinance, the Industrial Relations Act and the Trade Unions Act, which now provide broader protection for workers,' he added. Given Sabah's diverse economic sectors — including agriculture, tourism, manufacturing and services — implementing inclusive and transparent labour policies is crucial. He welcomed the participation of all stakeholders to ensure every voice is heard in shaping these reforms. As Permanent Secretary, Hanafiah noted the role of innovation in reshaping the employment landscape and called for legislation that supports new forms of work in the digital economy, balancing productivity with well-being. 'I am confident that programmes such as this will strengthen understanding, encourage open dialogue and build collaborative networks across sectors,' he said, expressing hope for lasting benefits to Sabah's workforce and its socio-economic development. On the issue of workers' housing, Hanafiah noted that federal laws mandating minimum standards have yet to be enforced in Sabah. 'The law has not been enforced in Sabah yet,' he said, adding that stakeholder consultations are still ongoing. Meanwhile, Director General of Trade Unions, Mohd Asri Abdul Wahab, said the programme is a strategic collaboration involving the Trade Union Affairs Department , the National Wages Consultative Council, the Malaysian Industrial Relations Department and the Sabah Labour Department. He explained that the objective is to inform key stakeholders — including agencies, employers' associations and trade unions — about the implementation and enforcement of amendments to three key Acts: the Trade Unions Act 1959 (Amendment 2024), the Industrial Relations Act (Amendment 2020), and the Labour Ordinance Cap. 67 (Amendment 2025).
The Sun
02-05-2025
- The Sun
‘Silent firing' sparks legal poser over workplace practice
PETALING JAYA: The practice of 'silent firing' is drawing attention on social media as questions arise over whether it is legally permissible or could be considered constructive dismissal under Malaysian employment law. Growing concerns over workplace fairness and job security have fuelled the debate. Universiti Malaysia Kelantan's professor of human resource management and industrial relations Prof Dr Balakrishnan Parasuraman has warned that silent firing – where employees are systematically pushed out through isolation, lack of opportunities or deliberate neglect – may amount to constructive dismissal under Malaysian law. 'Depending on the circumstances, this can indeed fall under constructive dismissal. Constructive dismissal means the employee ends the contract themselves due to unfair treatment. 'They feel forced to resign because the working environment becomes intolerable. While not common, it does happen, especially in SMEs or companies lacking proper human resource structures,' he said. In contrast, he noted that larger corporations typically offer voluntary separation schemes or mutual separation schemes as legal and fair exit routes. Employees who believe they are victims of constructive dismissal can bring their case to the Labour Department. If conciliation fails, the matter may proceed to the industrial court. 'It's important for employees to understand that they have legal options. They can seek advice and, if necessary, take the matter to arbitration.' Malaysia's legal framework, particularly the Employment Act 1955 and the Industrial Relations Act, provides protection regardless of age, race, gender or religion. An amendment to the Employment Act in 2022 introduced an anti-discrimination clause, further strengthening protections across Peninsular Malaysia, Sabah and Sarawak. Although silent firing is not explicitly defined in legislation, any act that causes an employee to feel sidelined or unfairly treated without due process could constitute a breach of the law. 'No employee should be demoted, dismissed or pressured to resign without following proper procedures. That includes conducting domestic inquiries, giving sufficient notice and maintaining documented performance appraisals.' Balakrishnan said performance issues are often cited in such cases but these must be addressed fairly. 'Yes, employees might underperform due to health or personal reasons, especially as they age. But that doesn't justify pushing them out without explanation or support. 'If performance is a concern it must be evaluated fairly, with proper documentation and opportunities for improvement.' Drawing from his comparative research, he pointed to workplace models in Japan where some companies operate seven days a week – five days with younger staff and two days with older workers. 'This balance keeps all generations engaged and helps reduce age discrimination. We need similar inclusive strategies here.' He also urged the government to consider raising the retirement age to 65 and introducing policies that support the reintegration of older workers, especially those from low-income backgrounds. 'It's not just about economic survival, it's about dignity, contribution and national progress.' On the recent launch of a one-stop centre at the Human Resources Ministry in Putrajaya, Balakrishnan praised the move as a step in the right direction. 'This is a good initiative. Employees must know their rights and the government must actively protect them, especially those vulnerable to silent dismissals.' He called for tripartite cooperation between employers, trade unions and the government. 'We must prioritise employee welfare, and make Malaysia a progressive and happy place to work.' Meanwhile, a Malaysian employee who wished to remain anonymous shared that after breaking his ankle and becoming unable to perform certain tasks, his hours were gradually reduced until he was no longer scheduled at all. 'It felt like I was being pushed out,' he said. 'When I gave my two-week notice, my name was immediately removed from the roster. I was already leaving, but the way they handled it was disheartening.' Another employee said he was excluded from key virtual meetings while working remotely and later reprimanded for being 'late' to sessions he was never invited to. 'My boss kept hinting I should come into the office, even though he knew about my health condition. I had to rely on others for support.' He noted that after his manager was reassigned, the situation improved.
