Article 1

The title of first article is The State Of The Nation: Where Malaysia Stands On
Minimum Wage Scale. This article was written by Esther Lee, author of The Edge Malaysia.
This article was written on January 27, 2020 .Malaysia’s national minimum wages were
announced on 30 April 2012, and are enforced in stages. The Minimum Wage Order 2012 was
gazetted on 16 July, 2012 which enforce the implementation of the minimum wage rates on 1
January, 2013 for employers with more than five workers and on 1 July, 2013 for employers
employing five and less workers, excluding firms that provide professional services classified
under the Malaysian Standard Classification of Occupation (MASCO). (Ibrahim, N. A., & Said,
R. 2015).

According to this article from February 1, 2020, the minimum wage for workers is
officially RM1200 per month. It will be implemented in 56 areas under the Minimum Wages
Order 2020. In the article it is also stated that on January 10, a ordinance was released by the
Ministry of Human Resources. It is about the minimum wage was set at RM 5.77 per hour or
RM1200 per month for employees at 16 city councils and 40 municipal councils. Payment rates
for 4 to 6 working days per week are also mentioned in this ordinance. The increase in this rate
increases compared to 2019 at RM1100 per month. Compared to other countries such as
Thailand, Myanmar, and Singapore, Malaysia is the top ranked minimum wage policy in
Southeast Asia. However, according to the article even though Malaysia is at the top of the
policy, it is still at the bottom of the US dollar terms. Generally every country has a different cost
of living. The minimum wage rate is not good for employers because the pace of development in
Malaysia is still slow. The Malaysian Manufacturers Federation (FMM) forced the government
to enforce the increases on a pre - arranged and pre - announced basis. Employers expect that
rising wages can lead to greater productivity in the workplace. A study was conducted by Bank
Negara Malaysia in 2018 reports that productivity levels with workers' salaries in Malaysia are
not align. Malaysian workers receive lower compensations relative to their contribution to
national income from productivity and equity perspectives. (Murugasu, A., Hakim, M. I., & Yau,
Y. S .2018) . The Malaysian Employers Federation predicted the increasing the minimum wage
to add RM2.5 billion annually to home-country remittances, since it is usually foreign workers
who benefit from the minimum wages.

As stated in the statement above, beginning February 2020, workers in some cities and
townships will receive a minimum wage of RM1200. This has been adjusted below the statutory
law that are related which is Minimum Wages Order 2020. This law is under National Wages
Consultative Council Act 2011. The National Wage Consultative Council Act ("Act") has been
gazetted on 28 May 2016 and yet to be proclaimed. One of the objects of the Act is stated to be
the "introduction of a national minimum wage in the private and public sectors."( Arshaad
Goolamally, 2016). If employers do not implement the current minimum wage they may be
subject to action under this Act. The second statuary law that is related with this article is
Malaysian Employment Act 1955. It is stated under this Act the number of working hour for a
employee is 4,5 and 6 days a week.

The legal issues that are related to this article is minimum wages rates are not align with
worker performance. The rationale for the different wage rates based on the locality of the place
of employment is to account for the difference in cost of living between the localities set out in
the Schedule to the 2020 Order and the other locations in Malaysia (Siva Kumar Kanagasabai
and Selvamalar Alagaratnam, 2020). As for example if the employee work outside country on
manufacturing facilities, while they staying in the city they might need to apply different
minimum wages rates.

The similarity between the legal issues that are related with the article and the class discussion is
about the minimum wages rate. As in the class discussion there are 57 areas that are related with
minimum wages rate. All the area that are effected are big city and towns. As said in the article
the legal issues is the effect of minimum wages rate on difference area that effected the employer
and employees. Implementing different minimum wage rates based on an employee's place of
employment can have an unusual effect on an employer who has places of business inside and
outside the locations set out in the 2020 Order Schedule.
Article 2.

The title of second article is Socso Confirms Covid-19 Is An Occupational Disease

Eligible For Workers’ Compensation. This article was written by Emmanuel Santa Maria
Chin. This article was written on April 8, 2020. An occupational disease is a condition caused by
the environment of work or employment. This means the disease have developed due to
workplace exposures and the correlation between the exposures and the disease is well known in
medical research. Or put more simply, it must not be possible, beyond reasonable doubt, that the
disease was triggered by other causes (Aes.dk, 2020).

According to this article, the Social Security Organization (Socso) has clarified that
Covid 19 is a occupational diseases. They also mentioned that the irritation of diseases causes
from SARS and other coronavirus are already mention on Social Security Act 1969 about
occupational diseases. As Socso said in the article, the claims for the disease can be compensate
by the company under occupational disease causes. Beside that, the other causes from work such
permanent disability or death also can get compensate. Almost 51 worker had plea for their right
by pushed the employer to provide safe working environment for them. Socso had promise the
worker that they will provide the need for them during this hard time.

As stated in the article there are some statutory laws that are mentioned. The first
statutory law that are related is Employees’ Social Security Act 1969. Under this Act the worker
are protected for income security, unemployment, disease, maternity or work injury. Related to
this article, the worker are guaranteed by Socso that during COVID-19, their welfare are being
taken care. Many workers are affected during COVID-19 pandemic whether they are infected or
not. The worker are affected by few matter such as lost of job, infected by virus, work is resume,
and many more.

The second law that are stated in this article is Occupational Safety and Health Act 1994.
The purpose of this Act is to make sure that the employer are taking care and responsible with
their employees safety and health. This Act is related with this article because this pandemic
virus are very serious matter. It involve life and income of worker. As for their health there are
workers on many organization and company had been affected by this virus. In order to make
sure the workers health , the company has to investigate and inspected place of work regularly.
 The legal issues in this article is about how Socso react to worker during pandemic
COVID 19. Socso take the action slowly by declared that coronavirus is recognized as
occupational disease and the worker are protected under Employment Social Security Act 1969.
The others issues that also stated in this article is about patients that had been caught from other
diseases or disabilities such as permanent injuries that will be compensated through the
Invalidity Pension Scheme of the Employees’ Social Security Act 1969.

The similarities legal issues with class discussion is about protection that employees will
get if they are sick , get injury or infected by dangerous virus. Based on the legal issues above,
the worker had plea to Social Society Organization to demand their right on protection cause by
pandemic COVID 19. The plea had been heard because the cononavirus is listed as occupational
disease.
Article 3

The title of third article is Amendments To The Industrial Relations Act 1967
(Industrial Relations (Amendment) Bill 2019). This article was written by Donovan Cheah.
This article was written on October 19, 2019. The Industrial Relation Act 1967 aims to create
industrial harmony among the relationship between the employee and the employer. (Mazman,
N., Abu Samah, A. F., Ibrahim, A., & Harnidawati, D. 2006)

The summary from article is about amendments that had been made to the Industrial
Relation Act 1967 under Industrial Relation(Amendment) Bill 2019. According to this article the
amendments are the government’s plan and has been passed to Dewan Rakyat on 9 October
2019. The purpose of the amendment is to help worker that under mental disability to represent
them as a guardian at negotiation meeting. The guardian can be anyone as long are allowed by
Director General of Industrial Relations except an advocate and solicitor. In this article also
stated that Industrial Court has power to forced companies the investigations due to the death of
the worker who made the representations law relating to subsection 20(1), To pay his / her next-
of-kin wages or compensation in lieu of reinstatement or both in relation to a reference under
subsection 20(3) in respect of a deceased worker, and provide benefit of up to 8 per cent p.a. For
honors, it is estimated from the 31st day from the date of the recognition, until the compensation
has been fully resolved. The Industrial Court also has the discretion to determine any other day
from which the interest should arise, on either party's application and in the event of special
circumstances to do so.

The statutory laws that are mention in this article is Industrial Relation Act 1967. This law is
related with this article because this article is about termination of worker that has mental
disability. To be excluded from the workforce creates material deprivation, erodes self-
confidence, creates a sense of isolation and marginalization and is a key risk factor for mental
disability.( Stuart, H. 2006). This Act are to protected the worker and their families or relative if
the worker are terminate from their company or organization. By this new amendment that had
been made they can ask their guardian to represent them in conciliation meeting.

The legal issues that are related with this article is about a worker that has mental disability in the
workplace.
References.

Ibrahim, N. A., & Said, R. (2015). The implementation of the national minimum wages in
Malaysia. Journal of Economics, Business and Management, 3(1), 125-131.

Murugasu, A., Hakim, M. I., & Yau, Y. S (2018). Are Malaysian Workers Paid Fairly?: An Assessment of
Productivity and Equity.

Siva Kumar Kanagasabai and Selvamalar Alagaratnam (Januari 13,2020) Employment law: New minimum
wage rates to take effect on 1 February 2020. Retrieved from https://www.lexology.com/library/detail.

Esther Lee/The Edge Malaysia (January 27, 2020). The State of the Nation: Where Malaysia stands on
minimum wage scale. Retrieved from https://www.theedgemarkets.com/article/state-nation-where-
malaysia-stands-minimum-wage-scale.

Chia Swee Yik. ( April 2, 2019). Employment Law: Minimum Wages in Malaysia. Retrieved from
http://www.chialee.com.my/knowledge-hub/employment-law-minimum-wages-in-malaysia.

Arshaad Goolamally.( 20 July ,2016). Mauritius: The National Wage Consultative Council Act: A National
Minimum Wage Or A National Living Wage? Retrieved from https://www.mondaq.com/employee-
rights-labour-relations/511758/the-national-wage-consultative-council-act-a-national-minimum-wage-
or-a-national-living-wage.

Mahyut, S. M. (2013). Minimum wage in Malaysia: The challenge on the implementation of the law.
International Journal of Business, Economic and Law, 3(3), 30-37.

Simpson, R. C. (1972). Employers' Liability (Compulsory Insurance) Act 1969. The Modern Law Review,
35(1), 63-68.

Angerstein, T. C. (1945). Legal Aspects of Occupational Disease. Rocky Mntn. L. Rev., 18, 240.

Goh, S. T. H. (1967). The Malaysian Industrial Relations Act, 1967.

Mazman, N., Abu Samah, A. F., Ibrahim, A., & Harnidawati, D. (2006). Demotion as a constructive
dismissal under the industrial relations act 1967: a comparative study between the Malaysian law and
the United Kingdom law.

Stuart, H. (2006). Mental illness and employment discrimination. Current Opinion in Psychiatry, 19(5),
522-526.