Workers’ Minimum Standard of Housing and Amenities (Amendment) Act 2019

New Legislation Enacted

Author: Tan Su Ning, Senior Associate - Skrine

The Workers’ Minimum Standard of Housing and Amenities (Amendment) Act 2019 aims to expand the minimum standard of housing and provision of basic facilities for workers in all sectors. The Act received Royal Assent on September 18, 2019, and was published on the official gazette on September 23, 2019. It will come into operation on a date to be appointed by the Minister. Previously, the Workers’ Minimum Standards of Housing and Amenities Act only compelled employers of estate workers to provide accommodation. The proposed amendments to the Act will now make it compulsory for employers in all industrial sectors (such as plantation, construction and manufacturing, including hi-tech industries) to provide centralized accommodation.

Federal Court Judgment on Union-Busting Tactics

Precedential Decision by Judiciary or Regulatory Agency

Author: Tan Su Ning, Senior Associate - Skrine

The Malaysian Federal Court ruled that two banks were guilty of union busting tactics in promoting employees to executive positions without according them any “real” executive powers that should come with the job. The National Union of Bank Employees (NUBE) contended that the action of the two banks tantamount to union-busting as the clerical staff concerned had been “promoted” to executives merely to preempt their joining the union. NUBE had contended that the action of the two banks was aimed at diluting its influence and bargaining power, and tantamount to union-busting. The Federal Court dismissed the appeals of banks with costs, thus bringing a seven-year-battle to an end.

Industry Code of Practice for Management of Occupational Noise Exposure and Hearing Conservation

New Regulation or Official Guidance

Author: Tan Su Ning, Senior Associate - Skrine

A new industry code of practice known as the “Industry Code of Practice for Management of Occupational Noise Exposure and Hearing Conservation” was approved by the Minister. The Code of Practice was promulgated under Section 37 of Occupational Safety and Health Act 1994 [Act 514] as a guidance to comply with the provisions of Occupational Safety and Health (Noise Exposure) Regulations 2019.