ERA Consumer -Know Your Rights

Making a Will

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This pamphlet explains what a will is under the Will Act 1959 (the Act) and what happens to your assets and liabilities (Estate) after your death.

1. WHAT IS A WILL?

1.1 A WILL is a document where a person states his intentions as to how his Estate is to be administered and distributed after his death and who is to administer the Estate for the deceased. It may include provisions for guardianship, custody and tuition of a child.

1.2 A Will must be in writing unless it is a privileged Will as stated in paragraph 5 below.

1.3 The person making the Will is called the Testator and he must be at least eighteen (18) years of age and of sound mind unless he is a soldier in actual military service or a mariner or seaman at sea.

1.4 The person named by the Testator to administer and distribute the Estate is called Executor if a male and Executrix if a female. The Executor need not be a beneficiary.

1.5 Those persons who inherit or benefit under the Will are called Beneficiaries.

1.6 If there are minor Beneficiaries, i.e. persons below the age of eighteen (18) years named in your Will, you must name at least two (2) Executors.

1.7 You may also state in your Will that the Executors are also to act as trustees to hold any assets or invest or use any money for the benefit of the minor Beneficiaries named in your Will.

1.8 A Will need not be stamped.

DO YOU NEED A LAWYER TO MAKE A WILL ?

2.1 You do not need a lawyer to make a Will.

2.2 However, your home-made Will may be ineffective and invalid and this may cause your Executors/ Beneficiaries unnecessary expense and distress.

2.3 It is therefore in your interest to consult a lawyer who would be in a better position to advise you and draft your Will for you.

WHAT YOU CAN INCLUDE IN A WILL

In your Will, you should:

3.1 Name the person (s) you wish to nominate as Executor (s);

3.2 Name the Beneficiaries to whom you wish to give your assets and property to and the proportion the Beneficiaries are to inherit.

3.3 You may, if you so wish, specify which Beneficiary is to inherit which asset/property.

WITNESSING YOUR WILL

4.1 The Testator must sign at the foot or end of the Will.

4.2 The Testator's signature must be witnessed by at least two (2) persons who are NOT Beneficiaries under the Will and who are NOT the husband/wives of the Beneficiaries.

4.3 An Executor who is NOT a Beneficiary or a husband/wife of any Beneficiary under the Will may witness the Will.

PRIVILEGED WILLS OF SOLDIERS, AIRMEN AND SAILORS

5.1 A soldier in actual military service, or a mariner or a seaman (naval forces) at sea, is entitled to make what is called a "PRIVILEGED WILL".

5.2 A Privileged Will may be oral or in writing and need not be signed by the Testator.

5.3 A Privileged Will becomes null upon expiry of one (1) month after the Testator being still alive, ceases to be a soldier in actual military service or a mariner or seaman at sea.

EPF MONIES

6.1 If you have made a nomination under the Employees Provident Fund (EPF) Act for your EPF monies, your nominees shall be entitled to your EPF monies regardless of what you state in your Will.

6.2 Please note that your EPF Nomination is revoked as follows:
1) upon death of the nominee during your lifetime; as member; or
2) by notice of revocation made by you as member; or
3) by subsequent nomination made by you as member of the Fund. The later nomination will supercede the earlier.

CHANGING YOUR WILL

7.1 You may change your will at any time and from time to time during your lifetime.

7.2 However, never attempt to change your Will by deleting words or adding words in or by attaching anything to it. If you do, your Will becomes ineffective or invalid unless the changes are properly made.

7.3 You should rewrite your Will if you wish to change it. The new Will will automatically supercede the previous Will.

REVIEWING YOUR WILL

8.1 Generally, if you marry or re-marry, your Will will be revoked by the marriage and becomes null or cancelled.

8.2 You should also review your Will:

(a) If you change your name or anyone mentioned in the Will changes his;

(b) If your Executor dies or becomes unfit/unsuitable to act;

(c) If there are any other changes which you consider will affect the Will.

8.3 It is advisable to review your Will regularly.

MAKING KNOWN YOUR WILL

9.1 Although a Will is a private document, it is important that your family and especially your Executor(s) know that you have a Will and where it is kept.

9.2 If you wish your lawyer to look after your Will for you, you should at least give your Executor (s) your lawyer's name and address.

ADMINISTERING YOUR ESTATE

10.1 Your Will takes effect only upon your death.

10.2 Your Executor would have to apply to Court for a Grant of Probate.

10.3 However, your Executor has the power by virtue of your Will to act even before the Grant of Probate is issued. For example, your Executor may pay or release debts and transfer property or assets according to the Will.

10.4 Once the Grant of Probate is issued, the Will becomes a public document. The Original Will is retained by the Court.

10.5 Your Executor will be given a copy of the Will together with the Grant of Probate.

10.6 All your property and assets will pass to your Executor, who will have the responsibility of administering and distributing the Estate according to your Will.

IF YOU DO NOT MAKE A WILL

11.1 If you pass away without making a Will, your assets will be distributed according to the rules of intestacy as laid down in the Distribution Act, 1958.

11.2 Your lawyer can advise you about these rules and how they apply to you.

11.3 If you die without making a Will, your Estate may be distributed to persons to whom you do not intend to give anything.

11.4 Furthermore, the people who will look after your Will are not of your choice. They are called "Administrators" if males and "Administratrixs" if females instead of Executors although they perform a similar task.

11.5 They have to apply to Court for "Letters of Administration" and the procedure is generally more complicated than in the case when you have a Will. For example, the administrators will have to provide two sureties (or guarantors) with unencumbered assets equivalent to the value of your Estate unless they obtain a Court Order dispensing with this.

11.6 If you have specific intentions about providing for your family members, friends or a charity after your death, you should consider making a Will.

SYARIAH COURT

12.1 Some of the provisions mentioned above do not apply to Muslims.

12.2 Generally, Muslims can only dispose off or give away one-third (1/3) of his Estate under a Will.

(Reproduced with the courtesy of the Bar Council.)

What is human rights

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Human rights are the foundation of human existence and coexistence. Human rights are universal, indivisible and interdependent. Human rights are what make us human. They are the principles by which we create the sacred home for human dignity.

~ Kofi Annan

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) was adopted and proclaimed by the General Assembly of the United Nations on 10 December 1948. It is founded upon four pillars - the freedom from fear and want and the freedom of speech and belief. It lists the whole array of human rights that ranges from civil and political rights to economic, social and cultural rights.

The civil and political rights enshrined in the UDHR include:

Article 5	-	Freedom from torture or cruel, inhuman or degrading treatment or punishment;
Article 9	-	Freedom from arbitrary arrest, detention or exile;
Article 13	-	Freedom of movement;
Article 20	-	Right to freedom of peaceful assembly and association; and
Article 21	-	Right to take part in the government of one's country, directly or through freely chosen representatives.

The economic, social and cultural rights enshrined in the UDHR include:

Article 16	-	Right to a family life
Article 23	-	Right to just and favourable conditions of work;
Article 25	-	Right to a standard of living adequate for health and well-being, including food, clothing, housing and medical care;
Article 26	-	Right to education; and
Article 27	-	Right to freely participate in the cultural life of the community, to enjoy arts and to share in scientific advancement and its benefits.

For a synopsis of the UDHR, click here.
For the full version of the UDHR, click here.
For a list of international human rights instruments, click here.

The Application of the UDHR in Malaysia

The provisions of the UDHR are recognised in Malaysia to the extent its provisions do not conflict with the provisions of the Federal Constitution. This is by virtue of section 4(4) of the Human Rights Commission of Malaysia (Act 597) which provides that:

For the purpose of this Act, regard shall be had to the Universal Declaration of Human Rights 1948 to the extent that it is not inconsistent with the Federal Constitution.

Part II of the Federal Constitution of Malaysia

In Malaysia, human rights are partially enshrined in the Federal Constitution. This is clarified by section 2 of the Human Rights Commission of Malaysia Act 1999 (Act 597) in the following way:

"human rights" refer to fundamental liberties as enshrined in Part II of the Federal Constitution.

Part II of the Federal Constitution guarantees the following fundamental liberties:

Article 5	-	Right to life
	-	Right to personal liberty
Article 6	-	Prohibition of slavery and forced labour
Article 7	-	Protection against retrospective criminal laws and criminal laws
Article 8	-	Right to equality before the law
Article 9	-	Prohibition of banishment
	-	Freedom of movement
Article 10	-	Freedom of speech, assembly and association
Article 11	-	Freedom of religion
Article 12	-	Rights in respect of education
Article 13	-	Rights to property

Rights and Responsibilities

In accordance with Articles 29(2) and 30 of the UDHR, human rights are to be exercised with responsibility. This means that:

rights and freedoms may be limited by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others;
rights and freedoms may be limited by law solely to meet the just requirements of morality, public order and the general welfare in a democratic society;
No State, group or person has the right to engage in any activity or to perform any act aimed at the destruction of any rights and freedoms set forth in the UDHR.

A Short History Of Human Rights

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All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

~ Article I, UDHR

HUMAN RIGHTS IN SOCIETY & RELIGION

Since its promulgation, the Universal Declaration of Human Rights (UDHR) has been used as a model for many subsequent human rights charters. But the concept of human rights has long existed in earlier traditions and documents. The UDHR itself was derived from the English Magna Carta of 1215, the US Bill of Rights of 1776, and the French Declaration of the Rights of Man and Citizens of 1789.

Even before these laws and guidelines were documented, societies and religions have acknowledged human rights. The concept of rights can be found in feudal thought, Roman law, Greek philosophy, the Old Testament, and in primitive societies, even though they may not have the vocabulary or words that explicitly express it (Alan Gewirth, 1989). Most societies have also had traditions of the golden rule of "Do unto others as you would have them do unto you" and have had systems of rights and responsibilities.

Human rights is really an expression of tolerance in religions that is the basis of peace and progress. Religions at large, addresses questions of people's duties, rights and responsibilities. It teaches us to love and respect each other and to uphold the dignity of others, which is the basis of human rights. For example, among the rights affirmed in the Universal Islamic Declaration of Human Rights based on the Quran and Sunnah, compiled by eminent Muslim scholars, are the Islamic Rights to Life; Freedom; Equality and Prohibition Against Impermissible Discrimination; Justice; Fair Trial; and Protection Against Abuse of Powers, Protection Against Torture; Protection of Honour and Reputation; Asylum; Minorities; and etc.

UNITED NATIONS AND THE UDHR

Political events in the course of this century, such as the Chinese invasion of Tibet, the ethnic conflict in Sri Lanka, and the experience of military dictatorship in some countries, have directed the world's attention to human rights. The World War II in particular, has brought human rights unto the global stage. The attempt of the Nazi Germany to exterminate all the Jews of Europe and to destroy millions of others -- Poles, gypsies, Soviet prisoners of war, homosexuals, the mentally and physically handicapped and political opponents - had horrified the world.

After the devastation of World War II, many nations from around the world came together to form the United Nations (UN) organization as an international attempt to help stabilize international relations and ensure world peace.

Members of the United Nations pledged to promote and encourage respect for the inalienable human rights that belong to every man, woman and child. To advance this goal, the UN established a Commission on Human Rights and charged it with a task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the United Nations Charter.

On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights to promote respect of a whole array of human rights ranging from civil and political rights to economic, social and cultural rights. Since then, the World Human Rights Day has been annually celebrated on the 10th of December.

HUMAN RIGHTS IN MALAYSIA

In Malaysia, human rights are partially enshrined in the Federal Constitution. This is clarified by section 2 of the Human Rights Commission of Malaysia Act 1999, Act 597. For more information, click here.

Malaysia has been actively participating in the United Nations Commission on Human Rights (UNCHR) since the early 1990's. It was elected as a member of the Commission by the United Nations Economic and Social Council in 1993-95. Malaysia was honoured in 1995 with the election of the leader of the delegation, Tan Sri Dato' Musa bin Hitam, as the Chairman of the 52nd session of the UNCHR. Malaysia was elected to serve a second term in the UNCHR from 1996-98 and its third term from 2001-2003. For more information, click here.

The Malaysian Government's commitment to human rights is clearly reflected by the enactment of the Human Rights Commission of Malaysia Act 1999, Act 597. SUHAKAM was then established in the September 1999 with the task to promote and protect human rights in Malaysia. For more information, click here.

Federal Constitution

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Source: www.lawnet.com.my (Please refer to the updated version for amendments etc.)

FEDERAL CONSTITUTION
PART II - FUNDAMENTAL LIBERTIES

Article 5. Liberty of the person.

(1) No person shall be deprived of his life or personal liberty save in accordance with law.

(2) Where complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him.

(3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

(4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate's authority:

Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted residence, and all the provisions of this Clause shall be deemed to have been an integral part of this Article as from Merdeka Day:

Provided further that in its application to a person, other than a citizen, who is arrested or detained under the law relating to immigration, this Clause shall be read as if there were substituted for the words "without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey)" the words "within fourteen days":

And provided further that in the case of an arrest for an offence which is triable by a Syariah court, references in this Clause to a magistrate shall be construed as including references to a judge of a Syariah court.

(5) Clauses (3) and (4) do not apply to an enemy alien.

Article 6. Slavery and forced labour prohibited.

(1) No person shall be held in slavery.

(2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.

(3) Work or service required from any person as a consequence of a conviction or a finding of guilt in a court of law shall not be taken to be forced labour within the meaning of this Article, provided that such work or service is carried out under the supervision and control of a public authority.

(4) Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first mentioned public authority shall be bound to serve the second mentioned public authority, and their service with the second mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of the transfer of his employment.

Article 7. Protection against retrospective criminal laws and repeated trials

(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.

(2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.

Article 8. Equality

(1) All persons are equal before the law and entitled to the equal protection of the law.

(2) Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State.

(4) No public authority shall discriminate against any person on the ground that he is resident or carrying on business in any part of the Federation outside the jurisdiction of the authority.

(5) This Article does not invalidate or prohibit -

(a)	any provision regulating personal law;
(b)	any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion;
(c)	any provision for the protection, well-being or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service;
(d)	any provision prescribing residence in a State or part of a State as a qualification for election or appointment to any authority having jurisdiction only in that State or part, or for voting in such an election;
(e)	any provision of a Constitution of a State, being or corresponding to a provision in force immediately before Merdeka Day;
(f)	any provision restricting enlistment in the Malay Regiment to Malays.

Article 9. Prohibition of banishment and freedom of movement.

(1) No citizen shall be banished or excluded from the Federation.

(2) Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof.

(3) So long as under this Constitution any other State is in a special position as compared with the States of Malaya, Parliament may by law impose restrictions, as between that State and other States, on the rights conferred by Clause (2) in respect of movement and residence.

Article 10. Freedom of speech, assembly and association.

(1) Subject to Clauses (2), (3) and (4) -

(a)	every citizen has the right to freedom of speech and expression;
(b)	all citizens have the right to assemble peaceably and without arms;
(c)	all citizens have the right to form associations.

(2) Parliament may by law impose -

(a)	on the rights conferred by paragraph (a) of Clause (1),such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, friendly relations with other countries, public order or morality and restrictions designed to protect the privileges of Parliament or of any Legislative Assembly or to provide against contempt of court, defamation, or incitement to any offence;
(b)	on the right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, or public order;
(c)	on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality.

(3) Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education.

(4) In imposing restrictions in the interest of the security of the Federation or any part thereof or public order under Clause (2) (a), Parliament may pass law prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.

Article 11. Freedom of religion.

(1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.

(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.

(3) Every religious group has the right -

(a)	to manage its own religious affairs;
(b)	to establish and maintain institutions for religious or charitable purposes; and
(c)	to acquire and own property and hold and administer it in accordance with law.

(4) State law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.

(5) This Article does not authorize any act contrary to any general law relating to public order, public health or morality.

Article 12. Rights in respect of education.

(1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth-

(a)	in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or
(b)	in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the Federation).

(2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.

(3) No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.

(4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.

Article 13. Rights to property.

(1) No person shall be deprived of property save in accordance with law.

(2) No law shall provide for the compulsory acquisition or use of property without adequate compensation.

Workers, know your rights

1970-01-01T00:00:00+01:00

K George points out that Malaysian workers are often unaware of labour law provisions and goes on to enlighten them about their basic rights.

In the past, I have written articles highlighting the problems faced by workers in Malaysia and their trade unions and the restrictive provisions in labour laws. Having done a survey, however, I discovered that most ordinary workers are not fully aware of their rights as stipulated in labour laws. Surprisingly, even some of the unionised workers are not sufficiently aware of their rights.

In this country, out of nine million private sector workers, fewer than 10 per cent are members of trade unions. There are certain important reasons for this pathetic situation. Since Independence in 1957, an UMNO-led ruling coalition has been in power, influenced by capitalism. Employers, including foreign ones, are by and large not supporting trade unions. Believe me, trade unions are the only organisations that are capable of safeguarding and protecting workers’ rights.

Rights of workers

In this article, I wish to enumerate the rights of private sector workers whose monthly salary is not more than RM2,000. (At another time, I will elaborate on the rights of public sector employees and on the unforgivable exploitation of migrant workers.)

The most important legislation that stipulates the rights of workers is the Employment Act 1955. This Act consists of more than 101 sections as well as several regulations and schedules. But I will list out only the rights of workers as briefly as possible:

• Right to join trade unions

According to Section 8 of the Act, you are free to join a trade union and if necessary to form unions.

• Contract of service

Under Section 10, there must be a written contract of service, which should also include provision for termination of service.

According to Section 12, the notice of termination of contract is as follows:
a)   If the length of employment is less than two years, the period of notice is four weeks.
b)   If it is more than two years but less than five years, the period of notice is six weeks.
c)   If it is more than five years of service, the period of notice is eight weeks.

Please take note that what is mentioned above is the minimum notice of termination according years of service.

While an employee is absolutely free to terminate his employment, an employer has no absolute right to terminate your service. If you have reason to believe that the termination was unreasonable or motivated by an act of victimisation, you can challenge the employer under Section 20 of the Industrial Relations Act.

Remuneration

• Payment of Wages

Section 18 says payment of wages should not be later than seven days after the end of the month. It must be paid in legal tender (ringgit) or through a bank.

• Remuneration other than wages

The employer may agree to provide you with accommodation, food, fuel, electricity, water, medical facilities and any amenity approved by the Director General. The employer may also pay bonus, transport allowances, vehicle loans, and housing loans. These contributions cannot be regarded as your right. It is, in fact, one of the ways adopted by sensible employers to establish cordial relations between the employer and the employees. The net result will be industrial harmony and an increase in productivity - which in turn will enhance profit.

Employment of women

Sections 34 to 44 in Part VIII of the Employment Act refers to the employment of women.

• Prohibition of night work

No employer shall require a female employee to work in any industrial or agricultural undertaking between 10 pm and 5 am or commence work for the day within a period of 11 consecutive hours free from such work. The Director General, however, may allow exemption from the above practice. If the employee is dissatisfied with the exemption, she has the right to appeal to the Human Resources Minister within 30 days. The minister’s decision shall be final.

• Prohibition of underground work

No female employee shall be employed in any underground work. Not withstanding the above provisions, the minister is empowered to introduce changes.

Maternity protection

• Maternity leave

Every female employee shall be entitled to maternity leave for a period of 60 days. The government is now considering whether to extend it to more than 80 days. The granting of maternity leave is practised all over the world; only the period varies from one country to another.

In Malaysia, there is yet another condition in order to be eligible for maternity leave; that is, the employee should be in employment for a period of 90 days before the confinement

• Maternity allowance

All female employees are entitled to maternity allowance, which is normally the monthly salary. Nonetheless, the minister has the authority to decide on the quantum of the allowance.

There is another condition for eligibility. If the employee already has five surviving natural children, then she is not entitled to the allowance (though she would still be entitled to maternity leave).

• Dismissal of a pregnant employee

If an employer dismisses a female employee during the period in which she is entitled to maternity leave – which starts one month before the date of expected confinement – he commits an offence. All women employees must bear in mind this legal protection accorded to them for there are some unscrupulous, merciless employers out there who would violate the law to save some money.

• Conditions contrary to Part Vlll

Any condition in a contract of service whereby a female employee relinquishes any right under this part shall be void and of no effect. Consequently, she shall be entitled to all the rights granted to her in this part.

Part XII – Rest days, hours of work, holidays and other conditions of work

• Day of rest (Rest day)

You are allowed a rest day of one whole day in each week. Where you are allowed more than one rest day in a week, the last of such rest days shall be the rest day for the purpose of this Part.

• Work on rest day

If you are a daily rated worker, you are entitled to one day’s wages for work that does not exceed half a day. If you work the whole day, you are entitled to two days’ wages.

In the case of monthly rated employees, the entitlement is half pay for work that does not exceed half the normal hours of work. But if you work more than half the normal hours (and not beyond the normal hours), you are entitled to one day’s salary. (Note: unlike daily rated employees, monthly rated employees are already getting paid for rest days and holidays.)

Further, whether you are daily rated or monthly rated, if you work beyond normal hours on a rest day, you will be paid at least double the hourly rate for the extra hours.

• Hours of work

Normally, you should not be required to work more than eight hours a day or 48 hours a week. During the eight hours, you are entitled to 45 minutes as meal break. The eight hours is to be spread out within 10 hours. If you are required to work more than eight hours a day or more than 48 hours a week, the extra time you worked should be treated as overtime for which you are entitled to an extra payment of one and a half times of your hourly pay. Usually, no employer is expected to require you to work more than 12 hours a day, although he or she could apply to the government to grant an extension.

• Holidays

In Malaysia, there are about 16 holidays in a year. Private sector employees, however, are entitled to only 10 days in a year with pay. Of course, some private sector employers close their business on all the holidays or allow more than 10 days with pay. If any holiday falls on a rest day, the next working day following the rest day must be regarded as a paid holiday.

If you happen to be on sick leave or annual leave, you are entitled to another day with pay as a substitution.

• Work on paid public holidays

If you are required to work on a public holiday, you are entitled to two days’ wages, even if the period of work done on that day is less than the normal hours of work. Further, if you went on to work overtime, you are entitled to three times your hourly rate of pay.

• Annual Leave

You are entitled to eight days of paid annual leave for every 12 months’ service if you are in continuous service for less than two years; 12 days paid annual leave if you have been in service for more than two years but less than five years; 16 days annual leave if you have been in service for more than five years. The annual leave shall be on top of rest days and holidays.

• Prohibition

Section 60 M prohibits an employer from terminating the service of a local employee for the purpose of employing a foreign employee. I am not very sure that our employers have been strictly following this reasonable and justified prohibition.

• Sick Leave

Section 60 F stipulates that you shall, after examination at the expense of the employers, by a registered medical practitioner or medical officer, be entitled to paid sick leave of 14 days in a calendar year, if you have been in service for less than two years; 18 days in each calendar year if you have been in service for more than two years but less than five years; 22 days in each calendar year if you have been in service for more than five years.

But if you are hospitalised, then you are entitled to 60 days’ sick leave in each calendar year. This paid sick leave is inclusive of any sick leave recommended by a dental surgeon.

• Termination and lay-off payments

Advances in technology and computerisation have become unstoppable and, as a result, opportunities for employment have become increasingly scarce. Employers have resorted to various devices to retrench their employees.

According to the Employment Regulations 1980, if you are terminated and laid-off, you are entitled to the following benefits:

10 days’ wages for every year of employment if you have been employed for less than two years.
15 days’ wages for every year if you have been employed for more than two years but less than five years.
20 days’ wages for every year of service if you have been in employment for five years or more.

The Employment Act makes no mention of gratuities, bonuses and other fringe benefits. I wish to reiterate that a vast majority of workers depend entirely on the rewards for their labour. Once they are deprived of it, poverty grips them and their families. Our country has no law for unemployment benefits or for old age pensions. Our nation is sufficiently wealthy with petrol, gas, tin mines, palm oil, rubber and billions of ringgit of foreign investment. Still, poverty is endemic and corruption is rampant.

In this article, I have very briefly listed out the rights of private sector workers whose monthly salary is not more than RM2,000. Many employers are motivated by greed. To accumulate wealth, they would resort to exploiting workers. Individual workers are not strong enough to fight for their rights. The solution is to form trade unions. Unions can not only protect your rights but are also in a position to negotiate salary increases (as well as other perks and fringe benefits) once every three years. Unfortunately, millions of workers are being deprived of union protection by the pro-capitalist Barisan Nasional government.

Sometimes, we hear very pleasing tributes to workers. Our prime minister recently declared: “The workers are the most vital assets.” His deputy called on workers “to be progressive, productive, disciplined, honest and trustworthy.” The president of the Malaysian Employers Federation (MEF) called on employers “to spread their wealth”.

Nice words to hear, indeed. But they ring hollow. I have spent the best part of my life struggling for the emancipation of workers. I know what I am saying. When the Malaysian Trades Union Congress (MTUC) asked Mahathir in August 1998 for RM 900 as the minimum wage, his reply was RM900 was too little; it had to be at least RM1,200 a month! The MTUC has been asking for a minimum wage for 42 years. It submitted a memorandum to Prime Minister Abdullah Badawi many months ago listing out the workers’ problems and asking for a minimum wage of RM900 (not RM 1,200). There has been no reaction from the PM, I understand.

Watch out for your EPF

You are entitled to 12 per cent of your salary (not allowances) as Employees Provident Fund contribution by your employer every month. It accumulates with interest until you retire. This is the only compulsory saving for your old age. I strongly advise you not to allow your employer to reduce the quantum of the contribution and you must never agree to reduce your salary by increasing or introducing new allowances. It is illegal and an offence and it happens only where workers have no unions.

The remedy

Nine million workers and their families form more than 80 per cent of the electorate. The MTUC must guide them to vote for parties that are committed to social justice, poverty eradication, zero corruption, and freedom.

Our struggle should be aimed at establishing an egalitarian society, in which there is prosperity, unity, harmony and the equitable distribution of wealth for all.

Source: http://www.aliran.com/content/view/171/10/

Policeman

1970-01-01T00:00:00+01:00

Know Your Rights - What to do if you are stopped by a policeman?

1) When you’re stopped by a person claiming to be a policeman, and not in uniform. Ask for his identification card or police authority card.

2) The colours of Police Authority cards:

Red colour - Suspended police officer. He has no right to stop you.

Blue colour – Rank of Inspector and above

Yellow colour – Below the rank of Inspector

White colour – Police Reserve

3) Always note his name and ID number on his uniform.

4) Always note the number plate of the police patrol car or motorcycle of the policeman.

5) When you’re questioned by the police, only give your name, ID card number and address.

6) If the policeman asks you further questions, you have the right to politely ask “Am I under arrest?

7) You would be “under arrest” if the policeman tells you, that you are under arrest or does not allow you to leave or wants to take you to the police station or if the policeman handcuffs you.

* If you are not under arrest, you may walk away or refuse to follow the policeman back to the police station or anywhere else, if asked by the policeman.

How do I register to vote?

1970-01-01T00:00:00+01:00

How do I register to vote?

You have to register to be a person on the electoral roll to ensure your right to vote during the elections.
You can now register to vote throughout the year at any post office, State Electoral Office or Mobile Registration in public areas. Starting from 1 July 2002, you can register to vote every day during working hours.
To be eligible, you must be a Malaysian citizen, at least 21 years old and residing in a constituency.
To register, go to any post office or the State Electoral Office.
Bring your identity card (IC) with you, and fill in Form A (Borang A), which has four sections. You will not have to pay for this form.
As proof of your registration, tear off the attachment in Section IV of Form A, and keep it with you.
This entire process should only take you about 20 minutes.

Important facts to know when filling up Form A:

Application's name should follow the name on the Identification Card. Use BLOCK LETTERS.
Include the correct Identification Card number:
- New Identification Card Number
- Old Identification Card Number
If the applicant does not have an Old Identification Card number, please state "NONE"/"TIADA" at the stipulated area/box.
The applicants' address should be the full permanent and contactable address (please state the postcode).
State the type of application; new application or application to change the address.
Get and keep the attachment of Section IV of Form A as proof of registration.
If you need further information, you can visit the Suruhanjaya Pilihan Raya Malaysia website at http://www.spr.gov.my