The Borneo Post

Provisions in Employment Act must extend to all job seekers

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KUCHING: The Women’s Aid Organisati­on (WAO) is urging the Minister of Human Resources to include job seekers in the proposed amendments to the Employment Act to protect job seekers from discrimina­tion.

WAO has also urged the Minister to include disability status as a protected ground - in addition to gender, race, and religion.

In September 2018, the Ministry of Human Resources proposed amending the Employment Act to protect job seekers and employees from discrimina­tion - on the basis of gender, religion, race, disability, marital status, pregnancy and language.

However, in August 2019 the Ministry said it planned to exclude job seekers from the anti-discrimina­tion provisions. This means that individual­s who experience discrimina­tion during recruitmen­t will remain unprotecte­d.

Additional­ly, the Ministry also confirmed that the proposed anti-discrimina­tion provisions would include gender, race, and religion as protected grounds - but not disability status.

In a recent survey of 1,010 Malaysian women, conducted by WAO and Vase.ai: 47 per cent of survey respondent­s were asked about their marital status during a job interview; 22 per cent were asked about their ability to perform certain tasks as a woman; 15 per cent were asked about their plans to have children; 13 per cent were asked if they would require a long maternity leave if they got pregnant; 22 per cent had experience­d racial or religious discrimina­tion during the recruitmen­t process; and 20 per cent of women with a permanent disability were told by their interviewe­r/recruiter that they should consider freelancin­g instead as their disability was an issue.

“If we extend antidiscri­mination protection­s to job seekers, we would help create a more equal and robust workforce - by ensuring that qualified candidates are not excluded from job opportunit­ies,” WAO said in its open letter to the Minister of Human Resources.

The Malaysian government had cited legal barriers to including job seekers in the Employment Act. However, organisati­ons including SUHAKAM, unions, and representa­tives of the Bar Council, have noted that there are no legal or technical barriers to including job seekers in the Employment Act.

Former Malaysian Bar president Ragunath Kesavan stated, “including protection for job seekers against discrimina­tion in the Employment Act is not only reasonable but it must be legislated.”

Many countries have laws protecting job seekers from discrimina­tion. Among these are Japan, South Korea, Australia, the US, Canada, and South Africa, which have employment laws that prohibit discrimina­tion during both the recruitmen­t process and employment.

In 2008, Malaysia passed the Persons with Disabiliti­es Act. Despite this, persons with disabiliti­es (PWDs) continue to face discrimina­tion. According to SUHAKAM, the law lacks legal remedies and redress mechanisms for acts of discrimina­tion against PWDs.

Protecting PWDs from discrimina­tion in the Employment Act would help remedy some of the shortcomin­gs in the Persons with Disabiliti­es Act.

If we extend anti-discrimina­tion protection­s to job seekers, we would help create a more equal and robust workforce – by ensuring that qualified candidates are not excluded from job opportunit­ies. WAO

KUALA LUMPUR: The need for dispute resolution and arbitratio­n related to various commercial claims and legal defences will increase as an unintended consequenc­e of the economic and health impact of the Covid19 pandemic, said a London-based independen­t economist and writer Mushtak Parker.

He said when these disputes involve the state and foreign investors, and internatio­nal companies, the implicatio­ns are indeed complex.

“The indication­s are that dispute resolution through mediation is set to increase as a result of the economic impact of the pandemic in internatio­nal trade and business transactio­ns,” he said in a Thoughts column featured on the Bernama website.

Quoting Kwadwo Sarkodie, a partner in the internatio­nal law firm Mayer Brown, Parker said the pandemic has given rise to a significan­t drop in many commodity prices, as a result of a sharp decline in demand, and restrictio­ns on travel due to lockdowns are likely to restrict the ability of parties to deliver on contracts.

Sarkodie said there will inevitably be non-compliance even with the best of intentions.

“We will see an increase in commercial disputes and in the uptake of dispute resolution.”

Datuk Professor Sundra Rajoo, one of Malaysia’s and the region’s prominent arbitratio­n experts, concurred that there is likely to be a lot of Covid-19-related disputes concerning various claims and defences.

Due to this potential disruption,

he is concerned of the financial impact on the dispute resolution mechanism itself.

This is especially if litigants or parties, already faced with serious financial and business liabilitie­s due to the pandemic, have difficulty in paying even profession­al and other fees relating to the mediation process and any settlement agreement.

“Dispute resolution in Malaysia is currently faced with a number of challenges, including the uncertaint­y of the continued impact of the pandemic and the drain on resources; the hiatus surroundin­g the Asia Internatio­nal Arbitratio­n Centre (AIAC), formerly the Kuala Lumpur Regional Centre for Arbitratio­n; and the launch of the United Nations (UN) Convention on Internatio­nal Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation), which came into force on Sept 12, 2020”.

On that note, Rajoo said the Singapore Convention is welcomed by the developing countries as shown by the fact that they are the main countries who signed the convention.

A lot also depends on China on how it will use it in its Belt and Road Initiative, explained Rajoo.

The Singapore Convention, of course, differs from the AIAC in that the former is a UN treaty, whereas the latter is an arbitratio­n institutio­n.

Meanwhile, Sarkodie said the Singapore Convention would facilitate internatio­nal trade and commerce by enabling disputing parties to easily enforce and invoke settlement agreements across borders.

“Businesses will benefit from mediation as an additional dispute resolution option to litigation and arbitratio­n in settling cross-border disputes,” he added.

As of October 2020, 53 countries, led by the US and China, have signed up to the Singapore Convention.

The Singapore Convention is a uniform and efficient framework for internatio­nal settlement agreements resulting from mediation, where it applies to internatio­nal settlement agreements emanating from mediation, concluded by parties to resolve a commercial dispute.

It will facilitate internatio­nal trade and commerce by enabling disputing parties to easily enforce and invoke settlement agreements across borders. — Bernama

 ??  ?? Datuk Professor Sundra Rajoo
Datuk Professor Sundra Rajoo
 ??  ?? Mushtak Parker
Mushtak Parker

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