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These were mainly related to cash complaints or other forms of discrimination, but none related to physical or mental disability, MOHR noted.
A total of eight complaints related to workplace discrimination issues were lodged with the Peninsular Malaysia Labour Department as of 30 September 2023.
According to Minister of Human Resources V. Sivakumar's statement, these were namely two discrimination complaints related to cash payments and six discrimination complaints related to other than cash payments. All complaints have been investigated and resolved, and none were related to physical or mental disability.
As such, the minister shared, the Ministry of Human Resources (MOHR) is of the view that there is no urgent need to draft a special legislation regarding discrimination in the place and during the employment period especially to protect those who have disabilities either physically or mentally.
Per the statement: "The existing legal provisions are sufficient to overcome the problem. Monitoring and enforcement are constantly improved so that all parties, namely employees and employers, are aware of their respective rights and responsibilities in ensuring a discrimination-free work environment."
Additionally, he noted, through the Department of Occupational Safety and Health, MOHR has taken preventive measures and implemented programmes regarding mental health issues in the workplace by comprehensively enforcing the Occupational Safety and Health Act 1994 in the workplace, with the aim of promoting a work environment that suits the needs physiology and psychology of workers.
The department will investigate any cases related to mental health issues in the workplace reported by employers, medical practitioners and employees.
As one of the measures to combat discrimination in the workplace and during employment, amendments have been made to Malaysia's Employment Act 1955, which came into effect on 1 January 2023. A new provision, titled Section 69F, has been included in the Act, in which the Director General of Manpower is empowered to hear and decide any dispute related to employment-related discrimination issues.
Based on the new provisions, it is an offense if the employer fails to comply with the decision of the Director General of Manpower regarding discrimination in the workplace. If convicted, the employer may face a fine not exceeding RM50,000 and if the offence continues, may be subject to an extended fine not exceeding RM1,000 for each day of offense.
Further, the matter of discrimination can also be raised as an enterprise dispute and complaints can be made under section 18 of the Industrial Relations Act 1967 by trade unions. Employees who do not have a trade union can file complaints regarding violations of terms & conditions of service or any other employment-related issue, including discrimination through various methods including through letters, e-mails, the Public Complaint Management System, the Working for application Workers or present themselves to the nearest Labour Office.
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