Dewan Rakyat Approves Amendments To Employment Act To Extend Maternity & Paternity Leave

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During the second reading of the bill, Deputy Human Resources Minister Datuk Awang Hashim said the amendments to the Employment Act 1955 (Act 265) will come in force in Peninsular Malaysia and Labuan.

The proposed amendments involve 46 clauses, which include 28 amended clauses, 10 new clauses, and six repealed clauses.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," he said, according to New Straits Times.

"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)."

The act also prohibits termination of female employees who are pregnant or suffering from illness arising from pregnancy, except on grounds relating to misconduct, wilful breach of the employment contract, or closure of business.

A new clause under the act also allows employees to apply for flexible working arrangements from their employers, depending on the suitability of working hours, working days, and workplace.

When winding up the debate on the bill, Bernama reported Awang Hashim clarifying that the paternity leave will be limited to only five births, irrespective of the number of spouses, and will take effect from the day of birth.

Under a new section, Section 90B states that forced labour occurs when any employer threatens, deceives, or forces their employees to carry out any activity, service, or work and prevents the employee from leaving before the activity, service, or work is done.

Errant employers may be fined up to RM100,000, imprisoned for up to two years, or both, under the offence, said Awang Hashim.

The government also repealed Part VIII of the Employment Act 1955, which contained provisions prohibiting women from working at night or in underground works, to prevent discrimination.