No Need For Specific Legislation For Discrimination On PWD – HR Ministry

Human Resource Ministry said there is no need for a specific legislation regarding discriminatory practices at workplace especially involving persons with disabilities (PWDs) employees.

“The current provisions is sufficient to address the issues. However, we will step up monitoring and enforcement so that all parties are aware of their rights and responsibilities in creating discrimination-free workplace,” he said in a statement today.

Its minister V. Sivakumar said it has strengthened its processes to address workplace discrimination through amendments to the Employment Act 1955, which went into Jan 1.

He said a new amendment, Section 69F, has been added to the act to human resource director-general to listen to and decided any disputes related to workplace discriminations.

“The ministry is concerned about workplace discrimination, especially involving persons with disability (PWD) including physically and mentally-disabled employees,” Sivakumar added.

Sivakumar said based on the new amendment, employers who failed to comply with the decision by human resource director-general will be fined up to RM50,000.

“Should they failed to comply again, they will be additionally fined RM1,000 for every day of the non-compliance,” he added.

The ministry is responding to issue that will be discussed in Dewan Rakyat today on whether the government intends to formulate specific legislation to address the issue of workplace discrimination, according to report by an English daily.

Besides that, he said workers’ unions can lodged complaints under Section 18 of the Industrial Relations Act 1967 for industrial dispute related to workplace discrimination.

“For employees who is not covered by workers’ unions, they can filed the complaint for any breach of terms of conditions, or any other issues related to employment including discrimination,” he said, adding that this can be done through various channel including letter, e-mail and the public complaints management system.”

He added as of Sept 3, the Department of Labour Peninsular Malaysia has received 8 complaints, including two on discrimination related to cash payout while the rest were not related to cash payout.

“The ministry has taken steps to address mental health issues under Occupational Safety and Health Act 1994 and will investigate cases and complaints on the matter.”

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