Sunday, May 10, 2020

Exploitation of workers

There are many forms of exploitation and bad labour practices against the workers which are not allowed at the work place.  The courts are very vigilant and will strike it down if these practices do occur at the work place.

What are the bad practices and exploitation that we are talking about here?   They are as follows:-
a)  withholding wages without valid reasons [the case of S. Santhi v Tetuan Devan Hussin];
b)  wages not paid on time;
c)  long working hours without any overtime payment;
d)  poor and hazardous working conditions and there are many more.

In a case called Hartalega Sdn Bhd v Shamsul Hisham Mohd Aini [2002] 3 ILR 122, the Chairman of the Industrial Court were of the view that "paying someone like the claimant with a low monthly of RM900 salary to hold such high degree of responsibility in terms of technical skills, knowledge and competence, reflects an element of labour exploitation by the company which the court is duty-bound to strike down"

With high degree of responsibility plus need to apply a high degree of skills with low wage is a form of exploitation and the court will favour an award for the worker.

Ramu  

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