Tuesday, 13 January 2009

It should not be so and must not be so.

I read in the TheStarOnline about a factory facing the possibility of being taken to court for retrenching its workers. It did not give enough time for those retrenched to seek employment elsewhere. Then the reports goes that, the labour Office, the party that intends to pursue the legal action mentioned earlier, also said that they heard that the company intends to further retrench more than 200 operators, all locals, at the end of january, which again is another breach of the rules because they have to terminate their foreigners first, then only the locals.

Do you know what the penalty for the first and second offence is? A fucking paltry 10K for each offence. No wonder the company dared do what it did and would most probably do what it intends to do end of this month.

A fucking 10K fine is not even a slap on the wrist, its a wink of the eye, saying, 'thank you gomen people for helping us out here'.

Why can't the fine be within a certain region, something like minimum of 100K and maximum of 10 million?

A small factory would think twice if it faces the possibility of being fined 100K and 10 million would surely hurt a big company.

The authorities should realise that the punishments that we have waiting for errant companies should act as a deterent not encouragement. When they know that the amount they face is pittance, they would be encouraged to go ahead with their devious plans.

In the case of the locals who are facing the possibility of retrenchment, after the company pays the 10K pocket change fine, what is there to guarantee that they would be re-employed or would be employed elsewhere?

If it is taken to court, how long would it take for those retrenched to get re-employed? 1 month? I don't think so, we have never been that efficient, ever. 6 months? Still too early. 1 year? Maybe, but in the mean time what are these locals going to eat? Are they to serve roti canais at the restaurants that their foreign counterparts frequent? That would be nice.

When these laws were written by the relevent party or parties, were the workers welfare paramount in their minds? I know, we have to be fair to the employers also but does the amount of fines mentioned earlier really show this? What I could see is that the welfare of employers is the most important concern when these laws were formulated.

Why is this so? This should not be so and must not be so.

10 comments:

peng said...

Fair to the employers Cikgu? From my experience, most employers will do all sorts to save costs, as in salaries and compensation. I recall my job as dept head to a staff who suffered a nervous breakdown due to work-related stress. He took leave to recuperate. When he came back, he requested to be demoted from a supervisor to an ordinary staff, i.e. a store hand. The company, in an effort to reduce staff, had him medically boarded out! I was against that decision because this person could still perform his duties. But then, the big boss has the last say!
Court cases will take donkey years before judgment is served. You are right, those unfairly dismissed cannot to employed while fighting a case. What a dumb condition!

Malaysian Joe said...

Cikgu... 80% of UMNO delegates are contractors and business folks. And this very 80% elect the President of Umno who will then be the PM of this country.

MCA is Malaysian Contractor Association, MIC is well.. Malaysia's Insignificant Corporation.

So when is the law ever favourable to the small fart of employees? They cannot even thumb out a minimum wage for the people.

Anyway, lets not talk about such a depressing issue.. its Tuesday and the week is long ahead. Manchester United WON! Glory Glory Man United! May not be Giggsy swansong year just yet... Fergie proven right to hand Giggs and Fletcher instead of Anderson and Carrick. I am still oh so euphoric!

Kata Tak Nak said...

Peng,
Yes, I do admit that a large number of Malaysian employers are bloodsuckers but I still believe that any law must be fair to all.

Kata Tak Nak said...

Malaysian Joe,
I am still celebrating now but we must take it 1 game at a time. There still are many games now.
I got this feeling that we are going to do real great this season.

monsterball said...

You are so so right!
Fuck those bastards!!

alanghaib said...

we r living in a lawless country until when...... then we change d govn...... then there is law. i hope so, nxt ruling govn LISTEN 2 THE RAKYAT

cakapaje said...

Salam Cikgu,

In my opinion, on top of the 100K as you suggested, the law should also penalised each company to the extent of providing at least 3 months full salary (including EPF and SOCSO and other benefits), or a maximum of 6 months. If the company does not have the cash, its bank account should be frozen and its assets confiscated to pay for the above. But...

Since the sarkas-led gomen were so desperate to seek the so-called FDI, even if such laws do already exist, they will always turn the other eye.

Kata Tak Nak said...

alanghaib,
Spot on, and it must happen soon.

Kata Tak Nak said...

monty,
Yes.

Kata Tak Nak said...

Shah,
That sounds good. Its about time employees are protected.

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