The Australian Employment Act Law Employment Essay

Published Date: 02 Nov 2017

No.

ID

Name (in CAPITAL LETTER)

Signature

1

1091102299

LEADER: MAYNA RAMESH PATEL

2

1112702355

ASSISTANT: KANIMOLI SIVADURAI

3

1112701914

CHRISTINA A/P PARAMANANDAM

4

1102700330

ANISHA MAGENTHIRAN

5

1061111867

MOHD AZRIN AZMI

Date Due: 2ND MAY 2013 Date Submitted: 2ND MAY 2013

Lecturer & Tutor (in charge): MR. GURU DHILLON

Declaration:

This is our own work. We have not previously submitted this work, in whole or in part, for assessment. This work complies with all the governing legal and ethical rules, including those concerning plagiarism and copyright. We have retained a copy of this assignment.

Each of us has contributed roughly equally to this assignment. If there are any complaints about non-contribution then we will abide by the Lecturer’s decision regarding the allocation of marks for the assignment.

Comments:

Marks (out of 20):

Amendments of the Employment Act 1955 and thePurpose of Bringing About These Changes.

The Employment (Amendment) Act 2012 ("Amendment Act") came into force on 1 April 2012 after more than a year since it was first tabled in Parliament.The Amendment Act amends and supplements existing employer obligationsprescribed by the Malaysian Employment Act 1955 ("EA") and also introducesnew ones.

The more significant changes brought about by the Amendment Act includeincreasing the wage threshold with regard to the scope of employeescovered by the EA;bolstering maternity-related entitlements;introducing sexual harassment-specific criminal offences in the workplace;introducing the personal liability of directors and other officers for offencescommitted by a body corporate; andbroadening the circumstances under which EA employees may receiveadvances on wages and employees covered by the EA are entitled to an extra day of paid leave on Malaysia Day with regards to public holidays.

Key changes that were incorporated include a new sexual harassment regime for the handling of complaints of sexual harassment between employers and employees has been introduced, whereby the Bill also introduces a long awaited amendment to the Act; making sexual harassment illegal at the workplace, regardless of the wages of the employee. "Sexual harassment" is defined as any unwanted conduct of a sexual nature, whether verbal, visual, gestural or physical, which is directed at a person and is either offensive, humiliating or a threat to his/her well-being, which occurs during or in the course of employment.

Sexual harassment complaints are defined broadly to encompass complaints by an employee against another employee, by an employee against any employer; or by an employer against an employee. Whenever an employer receives a complaint of sexual harassment, he is required to inquire into the complaint and take disciplinary action against the person concerned if he is found guilty. As the mechanism is confined to the employer-employee relationship, sexual harassment complaints by or against an independent contractor is likely to be excludedfrom the EA. An employer is required to conduct an inquiry into any complaints of sexual harassment in the workplace based on the Bill.

In the case of an employee refusing to do so, the employer must notify the employee of his reasons for refusal and the aggrieved employee may refer the matter to the DG. Upon being found guilty of sexual harassment, the individual in question may be dismissed without notice, demoted or penalized with a lesser punishment, e.g. suspension without pay for a period of up to 2 weeks. The DG will conduct the inquiry into such complaints in a situation where the complaint is lodged against an employer and the individual may be brought before a disciplinary authority which he is subject to in circumstances whereby the individual engaging in such conduct is not an employee, This provision in the amendments is also applicable to all employees, irrespective of their salary.

The following amendment done is the extension of maternity leave entitlements, whereby every female employee who has worked at least 90 days prior to going on maternity leave will, under the Bill also be entitled to maternity leave of not less than 60 consecutive days in respect of each child and to receive maternity allowance during this period, irrespective of her salary. She is also entitled to go on maternity leave from the 22nd week of pregnancy (as opposed to the 28th week at the moment) in order to cater for situations where premature births or miscarriages might occur. A female employee who is terminated by her employee during the period she is entitled to maternity leave commits an offence under the Act. However, this is applicable excluding situations where the termination is a result of the closure of the employer’s business. Prior to the amendments, the maternity provisions under the Employment Act were applicable only to female employees who came under the scope of the act, that is those earning RM1,500 and below and certain categories. Now, these provisions are applicable to all female employees. This means that even a female chief executive officer earning RM20, 000 is now entitled to the 60 days of maternity leave provided under the act.

The next amendment made to the employment act is the notification requirements for a foreign employee’s termination of employment. The Bill requires the employer to inform the DG within 30 days of such termination when the service of a foreign domestic servant or a foreign employee is terminated. In this context, termination includes situations where the employee absconds from his place of employment. Failure to comply imposes a fine of up to RM10,000, whereby this provision is an additional means for the Government to monitor and control the numbers of foreign workers in the country.

Another significant amendment made is personal liability for officers of corporate entities. Liability for offences under the EA will be extended to individual directors and other officers of a corporate entity including those arising under the new sexual harassment regime. Prior to the Amendment Act, only the employer who is an entity which has a separate legalexistence such as an incorporated company will be subject to the penaltiesunder the EA. However, this is likely to be one of the key factors contributing towards the less than satisfactory level of compliance due to the fact that the directors and other management members could sidestep liability for EA noncompliance. Now, a director or manager, partner or office-bearer may be charged jointly or severally in the same proceedings where he is deemed to have committed the offence. Additionally, there is no express due diligence defence. Such personal liability is consistent with other related legislation in relation to employee income tax and provident fund contributions.

Another key amendment made is with regards to the wages threshold which determines whether the EA applies to a non-manual worker has been raised from MYR1500 to MYR2000. On 1 May 2012, the Prime Minister announced the national minimum wage rates to apply to most workers and which are due to come into effect later this year.The Amendment Act has expanded the situations under which employers canprovide an advance on wages. Employees are now able to obtain an advanceto purchase a computer, to pay for medical expenses, to pay for dailyexpenses in connection with temporary disablement besides enabling employeesto pay for educational expenses.

Most of the provisions of the Employment Act were applicable to persons earning not more than RM1,500 per month prior to the amendments. The minister has made an order amending RM1, 500 to RM2, 000, which means that all persons, irrespective of whether they are employed as managers or executives earning RM2,000 or less have now become entitled to all the benefits under the Employment Act and Regulations, inclusive of payment for overtime, work on rest days and public holidays, limits to hours of work and termination benefits. However,wages is not payable during the period when employee is imprisoned or attending to a court otherwise than as a witness on his employer's behalf.

No deduction of wages can be made by employer other than deductions to the extent of any overpayment of wages made within 3 months of the mistake, deductions for the indemnity due to the employer by the employee, deductions for the recovery of advances of wages, deductions authorized by written law, such as EPF, SOCSO, PCB, etc., deductions upon employee's written request, in respect of the payments to a registered trade union or co-operative thrift and loan society of any sum of money due to the trade union or society by the employee on account of entrance fees, subscriptions, instalments and interest on loans, or other dues,deductions upon employee's written request, in respect of payments for any ESOS shares, deductions upon employee's written request, in respect of payments to a third party on behalf of the employee, deductions upon employee's written request, in respect of payments for the purchase by the employee of any goods of the employer's business offered for sale by the employer, deductions in respect of the rental for accommodation and the cost of services, food and meals provided by the employer to the employee 'at the employee's request or under the terms of the employee's contract of service.

The total deduction shall not exceed 50% of the employee's monthly wages, unless for indemnity payable by an employer to an employee, final payment of the wages of an employee for any amount due to the employer and remaining unpaid by the employee on the termination of the employee's contract of service and repayment of a housing loan (where an additional limit of 25% applied). All wages must be paid in legal tender or direct into bank account.

The final amendment to be looked into is with regards to public holidays that employees are entitled to being paid upon working on the said day. Every employee shall be entitled to a paid holiday at his ordinary rate of pay on 10 gazetted public holidays in any one calendar year, including the National Day, the Birthday of the Yang di-PertuanAgong, the Birthday of the Ruler or the Yang di-PertuaNegeri and the Workers' Day.Under these circumstances, employees who required to work on paid holiday shall be double paid whereas employees who are required to work overtime on paid holiday shall be triple paid.

According to the Employment Act, employees are entitled to a paid rest day on public holidays, whereby employees covered by the Employment Act are entitled to an extra day of pay on "Malaysia Day."  Malaysia Day is held on September 16 every year to commemorate the establishment of the Malaysian Federation in 1963.   Any work conducted in excess of the normal hours of work is consider overtime and must be paid at least 150% of the basic hourly rate of pay during an ordinary working day; at least 200% of the basic hourly rate of pay during rest days; and at least 300% of the basic hourly rate of pay during public holidays.  

The introduction of the Amendment Act is yet another step in the increasingly regulated Malaysian workspace and employers will need to quickly come up to speed and if necessary and applicable, revise their policies, manuals and practices for consistency as well as to enhance awareness and compliance. Other amendments of note include the regulation of supply of labour andadditional notification requirements in connection with the employment of non-Malaysians. The MOHR and the Labour Department must now quickly issue comprehensive guidelines, and the authorities must also expeditiously and consistently respond to clarification requests in order to be effective and towards achieving the objective of the EA being one of the key drivers to enhance Malaysia's human capital.

Several issues that will, amongst other things, assist the Government in combating the apparently insurmountable problem of illegal immigrants in the country are addressed by the Bill that aims to protect employees by reducing sexual harassment in the workplace, and recognise the importance of maternity leave for expectant mothers. While some of these changes may increase the cost of doing business for certain companies, these changes are welcomed as they will go towards creating a more tolerant, professional and friendly working environment in the country and as a result bring Malaysia up to par with labour practices in other developed nations. The Malaysian Bar commends the Human Resources Ministry's announcement that it will amend the Employment Act to require employers to accord domestic workers one compulsory day off per week as it is a small step forward in upholding the rights of hundreds of thousands of domestic workers who are exposed to severe abuse and labour exploitation because they receive scant protection under the Employment Act.

In short, employers must ensure that company policies and practices reflect the changes to the EA and take any necessary action to ensure active compliance (e.g. the introduction of diversity training to educate employees in the prevention of sexual harassment at work). Employers should also start to review their pay structures in light of the proposed introduction of a national minimum wage and make any amendments where necessary to comply with the applicable legislation.

The Australian Employment Act.

The Australian labour law had a unique development over the year that distinguishes it from any other English speaking jurisdictions. Besides being complicated, the truth of the matter is that it is difficult to be aware of all the rules as Australia has many laws to protect its workers. All the different rules, each state and municipality in Australia can legislate their own points related to the labour law.

The Commonwealth Government lacks the power to make laws with regards to labour relations or employment relationship. The limitations which have been placed on the Commonwealth’s ability to legislate have resulted in considerable complexity in the Federal labour law system. Parliament’s attempts to circumvent these limitations have led to political and legal difficulties. The regulation of labour relations in Australia is further complicated by the necessity for the Federal system to function alongside comprehensive State-based legislative schemes.

The Federal government has the power to enact laws with respect to "conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State" [1] . The Commonwealth additionally has chosen to regulate labour-related matters using legislative powers concerning the federal public service, "constitutional corporations", interstate and international trade and commerce, and external affairs. The Commonwealth in practice has utilised these powers to assume a substantial regulatory responsibility for most of the labour law system due to the fact that the Federal laws in all of these areas will override the inconsistent State laws. The States have generally retained responsibility for the regulation of labour-related matters including occupational health and safety, job security and wage rates outside the areas outlined in the Constitution.

The courts have traditionally played a significant role in the interpretation of complex labour statutes. A considerable body of judge-made law has evolved that has influenced workers, unions and government as a result.The terms and conditions of employment are regulated by statute and the common law. Co-existing Federal and State statutory schemes are supplemented by the common law as developed in both Federal and State courts and tribunals, and bodies such as the AIRC. Australian Workplace Agreements (AWAs) are agreements negotiated between a single employee and their employer on an individual basis.

The bargaining gent does not become a party to the agreement although an employee may appoint a bargaining agent (such as a trade union). An AWA, in general, may not be approved unless it passes a "no disadvantage test" and AWAs are subject to approval by the Employment Advocate. In other words, the overall level of conditions in the AWA must be measured against the overall level of conditions that would otherwise apply under an applicable award or certified agreement in order to ensure that individual workers do not bargain away the conditions of employment to which they would otherwise be entitled.

Significant contributions to the development of labour law in Australia have been made by the courts in both State and Federal jurisdictions. All employees have a contract of employment with their employer under the common law. This contractual employment relationship co-exists withother statute-based forms of employment regulation, such as awards or certified agreements, whereby that employees or employers can take legal action to enforce a contract of employment regardless of the status of the employment relationship under statute. Besides that, it also gives rise to considerable legal complexity over the relationship between the contract of employment and forms of statutory regulation in particular.

In the legal sense, however, not all workers can be classified as employees. Employees exclusively are regarded by the law as working under a contract of employment. Employees and independent contractors are distinguished by the common law. Independent contractors are those workers classified as "someone who acts as an independent principal, exercising an independent discretion in carrying out a task for his own business interest and is retained simply to produce a result [2] . Contracts of employment can specify whether they establish a permanent employment relationship or whether they are for a fixed term only. A continuing contract does not exist between casual workers and their employer; instead a new contract is formed for each shift worked.

Based on a comparison between the Employment Act of Malaysia and Australia, it can be seen that in Australia, full-time and part-time workers receive at least four weeks of paid annual leave each year (after 12 months’ employment) pursuant to Commonwealth, State and Territory awards and agreements or legislation. Employees are entitled to an equivalent extension to their annual leave if any public holidays occur during their leave period. Workers, on the whole, receive a loading of 17.5% on their annual leave.

Workers also receive entitlements for long durations and continuous service. Workers are entitled to three months’ leave after working for the same employer for 15 years in most jurisdictions. Provision for such leave by legislation is made in all States and Territories. Most workers are granted sick leave under awards or agreements and some State legislation also sets out minimum entitlements. However, provisions are currently commonly made in awards and agreements for personal leave, inclusive of sick leave, family leave, bereavement leave, compassionate leave, cultural leave and other like forms of leave. The annual standard period of personal leave is usually 40 hours in the first year of service and 64 hours thereafter, differing based on an employee’s standard hours.

Legislation at the Federal and State levels prohibits both direct and indirect discrimination in employment based on a number of grounds. While these grounds are not all covered by each of the anti-discrimination statutes, these include provisions that the employee was involved with a trade union, and for reasons of the employee’s race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

The Sex Discrimination Act 1984 (Cth) prohibits sexual harassment, which is defined as "an unwelcome sexual advance, or an unwelcome request for sexual favours … or … other unwelcome conduct of a sexual nature … [provided that] a reasonable person … would have anticipated that the person harassed offended, humiliated or intimidated." (S28A). The prohibition is applicable to "employment", whereby part-time and temporary employment, work under a contract for service and work as a Commonwealth employee (s 4) is included.

In most cases, opposing the application; Commonwealth and State governments are also entitled to make submissions, the national minimum wage is decided by the AIRC on application by the Australian Council of Trade Unions to vary certain awards, with employer groups.

The England Employment Act.

The employment bond in England is ruled by both contractual and statutory rights. Contractual rights are determined by the terms of the employee’s contract of employment. In addition to the terms in a written contract, contractual terms can be decided orally or/and practice over a period of time, depending on the company [3] . Some terms are automatically inferred into the contractual relationship by common law or by statute. Claims for breach of contract can are pursued either in the County, High Court or in the Employment Tribunal in so far as they arise from or are unresolved at the time of termination of employment [4] .

There is an increasing volume of statutory law in England, some originating from government policy and much developing from European Directives which all members of the European Union are required to implement. Some of these constitutional rights are linked to length of service. The general rule is that an employee cannot "contract out of" their statutory rights. An employer’s contractual rights must be viewed in conjunction with the employee’s statutory rights since otherwise the employer may find that even as it has acted in accordance with the contract nevertheless it potentially faces costly claims, based on the employee’s statutory rights.

Companies are required to issue employees with written particulars of the main terms and conditions of their service [5] . These particulars have to be issued within two months of the commencing of employment. Some employers treat the statement of particulars as the contract of employment. However, it is usual for the written particulars to be incorporated into a formal contract. This includes information such as salary, job title, notice periods and holiday entitlement (any necessary changes in the future are also should be made in writing).

It is common for employers to issue all their employees with formal contracts of employment. The advantage of this is that it enables the employer to cover all the relevant terms in more detail and thereby reduce the risk of a dispute arising out of any uncertainty. It is common for a contract of employment to cover the following additional issues such as probationary period, benefits, confidentiality, termination and post – termination restrictions. Many employers often would offer additional benefits such as contributions to a pension scheme, a bonus, medical insurance, long term disability insurance, death in-service insurance, and a company car. Brief details of all these options normally would be included in the contract of employment (COE).

During employment, employees are bound by an implied duty of reliability and good faith which encompasses a duty not to disclose the employer’s confidential information. If the employee is likely to have access to the company’s confidential information, it is wise for the employment contract to include precise provisions identifying the information and providing that the employee must not use it for personal gain or reveal it to any unsanctioned person at any time during their employment or after its termination. In a post termination agreement, if an employee can access to the employer’s or customers confidential information’s, it is sensible to include restrictions in the contract. Common restrictions are bans on working for a competitor for a period of time and a prohibition on the solicitation of customers and employees. The courts will not enforce a post-termination restriction unless it is reasonable to protect the legitimate interests of the business.

The contract of employment should state the notice period that either party must give to the other party to terminate the employment. Employees have a statutory right under the Employment Rights Act 1966 to be given a minimum period of notification from employers once they have been employed for one month as such, one week’s notice for those with between one month’s and two years’ service. Thereafter, an additional week’s notice for each continuous year of service, up to a maximum of 12 weeks’ notice after 12 complete years’ of service. To compare with the Employment Act of 1955, the employee need to be given a notice period before termination as such four weeks' notice if the employee has been so employed for less than two years on the date on which the notice is given; Six weeks' notice if he has been so employed for two years or more (less than five years); Eight weeks' notice if he has been so employed for five years or more on such date.

Employers and employees can agree upon the notice periods which are longer than the statutory minimum requirements. If the contract does not specify a period, the common law implies that it will be terminable on "reasonable" notice. In this context, reasonable is depends on factors such as the employee’s superiority and the custom and practice within the company and the industry.

Under the Employment Rights act 1966, a National Minimum Wage (NMW) applies for all workers over compulsory school leaving age (National Minimum Wage Act 1998). The NMW rates differ depending on the age of the worker and whether or not they are in probation period. From 1 October 2012, rates are: Age 16 – 17 - £3.68 per hour; Age 18 – 20 - £4.98 per hour; Age 21 plus - £6.19 per hour. NMW rates usually increase on 1 October each year. Employees who are not paid according to the NMW can bring a claim before an Employment Tribunal because it is a criminal offence for employer to refuse to pay the NMW. Employers can only make deductions from wages if the deduction is required by statute. Employers must give employees their pay slips at or before the time the payment is made. Employers are required to deduct income tax and national insurance contributions from an employee’s salary.

In Malaysia, it is legal for an employer to make few deductions from the employee’s salary. An employer can make deductions to the extent of any overpayment of wages made during the immediate preceding three months from the month in which deductions are to be made, by the employer to the employee by the employer's mistake. They also can make deductions for the insurance due to the employer by the employee [6] . Apart from that, deductions for the recovery of advances of wages made under section 22 can be made together with deductions authorized by any other written law.

All UK employment contracts are subject to various implied terms which impose additional obligations on both the employer and employee. An employee will be subject to an implied obligation of faithfulness, a duty to work with due persistence and care and an obligation not to use or disclose the employer’s trade secrets or confidential information. In some circumstances, if senior employees disclose their own wrongdoing to their employer, the employer will be under an implied duty not to destroy the relationship of trust between the employer and employee and to take care of the employee’s health and safety.

Under the Employees Rights Act 1966, employers are required to pay statutory sick pay (SSP) to employees who are off work due to illnesses or injuries after the third day of absence, subject to certain qualifications. From 6 April 2012 the rate of SSP increased to £85.85 per week. The rate of SSP usually increases annually. Employers sometimes increase SSP with contractual sick pay for a specified period.

Whereas according to Employee’s Act 1955, an employee shall be entitled for paid sick leave under 2 different circumstances; when no hospitalisation is necessary and when hospitalisation is necessary. When no hospitalisation is necessary, the employees are entitled to fourteen days in total in each calendar year if the employee has been employed for less than two years; eighteen days if the employee has been employed for two years or more but less than five years; and twenty-two days if the employee has been employed for five years or more. If an employee is hospitalised, he or she is entitled a paid sick leave of sixty days in the aggregate in each calendar year as it may be certified by such registered medical practitioner or medical officer but provided that the total number of days of paid sick leave under this section shall be sixty days.

A qualified employee who is dismissed will have a successful claim for unfair dismissal, unless the employee can prove that the principal reason for the dismissal was one of five potentially fair reasons and that it was reasonable for the employer to rely on the reason to dismiss the employee. There are several ways in which an employment contract may be terminated, including notice being given by the employer or the employee, expiry of a fixed-term contract, dismissal by the employer and termination without notice. This should be done with proper procedures.

Adaptations Malaysian EA should follow

Since Malaysia has adopted some of English law, hence, it is not an issue if our Employment Act 1995 is almost similar with United Kingdom (UK) Employment Right Act 1996. However, some of the laws that benefit both the employer and employee have not been adopted by our country. Laws such as working periods, child care and others should be adopted by our law so that both employer and workers can maximise their full potential at their job.

In this modern world, most individuals hold more than 1 job whereby we work and look after children or elderly relatives. As a result, most of the families with children have two working parents and within these families there is as much focus on the role of the working father as the working mother.

In UK, employees may leave their duty early in order to take care of their child under the Working Time Regulation Act 1998. This right plays an important role for the purpose of career advancement. Employees in UK are privileged to obtain the right to leave their duty if they have child to take care of. Under Maternity and Parental Leave, etc. Regulations 1999, after giving a birth, the mother must take compulsory leave for 2 weeks, and then 6 weeks of paid leave and 20 weeks paid leave. This maternity leave should be similar to a statutory sick pay. Parents can take up to 13 weeks unpaid leaveuntil a child turn 5 or a disabled child turns 18.

Employees who have completed one year’s service with their employer are entitled to 13 weeks parental leave for each child born or adopted on or after this date beginning from 15 December 1999. The right is applicable to mothers and fathers and to a person who has obtained formal parental responsibility for a child. Parents will be able to start taking parental leave upon the child’s birth orbe placed for adoption as soon as they have completed one year’s service with their employer, whichever is later. They will be entitled to take leave until the child’s 5th birthday or until 5 years have elapsed following placement in the case of adoption. Parents of disabled children will be able to use their leave over a longer period, up until the child’s 18th birthday.

The employee will remain employed while on parental leave and terms such as contractual notice and redundancy terms are still applicable. An employee is guaranteed the right to return to the same job as beforeat the end of parental leave or if that is not practicable, a similar job which has the same or better status, terms and conditions as the old job where the leave taken is for a period of 4 weeks or less, the employee will be entitled to go back to the same job.

Employers and employees should make their own agreement about how parental leave will work in a particular workplace wherever possible. Suchan agreement can be improved by the key elements set out above but they cannot offer less. Employees possess the right to go to an industrial tribunal if their employer prevents or attempts to prevent them from taking parental leave. An employee who take or seek to take parental leave will also be protected from dismissal or detrimental treatment for taking it.

The right for parents of young and disabled children has been introduced in the Employment Act in 2003 to allow them to apply for flexibility of work which was subsequently extended to include careers of adults.Such rights should be adopted by our law especially under part IX of Employment Act 1995 as it shows that the employer prioritise their workers’ rights. This right also helps to improve the relationship between the employer and their workers by allowing them to juggle both their personal and family duties. Such right may also boost workers morale besides improving their skills to be appreciated by their employers. It also shows that there does not exist discrimination against female worker whereby they have to divide their time for both family and work.

There is a local case which is the case of Beatrice Fernandez v. Sistem Penerbangan Malaysia (MAS), whereby a stewardess was dismissed on the grounds of pregnancy [7] . The Industrial Court, in this case claimed that the dismissal was illegal because it violated the rules of natural justice. Such dismissal can be avoided by protecting these employees from being mistreated by their employer through the acts adopted by the UK government.

If an employee is treated unfairly, it will be regarded as illegal discrimination if it is linked to the specific aspect that is protected under the law. Some of the aspects include disability, racial grounds, and religion, political and other. However, employees are protected from discrimination underthe EqualityAct 2010 in UK. The Commission can give advice and assist an employee who was discriminated against under this act. Besides that, they also have statutory duty under section 75 to promote equality on all public bodies. In order to combat discrimination among then employer and employee, such act should be adopted in our country.

The Fair Employment and Treatment (NI) Order 1998 does not permit the employer to either directly or indirectly discriminate their employee on the ground of religion and political opinion. Besides that, it is unlawful for the employer to discriminate their employees’ base on their sex, marital or civil partnership status; pregnancy or even if the employee is on maternity leave under the Sex Discrimination (NI) Order 1976 (as amended). The Industrial tribunal deal with those employees whohave suffered this kind of discrimination.

When the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 are enforced in 2002, it can be said that the employer cannot discriminate either directly or indirectly their employees base on the grounds of sexual orientation, including recruitment, selection and promotion. The Equality Commission may provide the complainant with advice and information if such discrimination occurs and may also aid them with funds for legal representation.

There are a lot of rules and acts that protect their employers and employees from any form of unlawful activities that may occur in their workplace as can be seen in the UK jurisdiction. For example, they are fully protected by acts with regards to discrimination. However in our country, this type of acts should be adopted to protect employees and employers from such illegal activities. Article 8 of Federal Constitution provides equality for everyone, but such equality was not protected in the Employment Act 1955. Section 81A [8] protects employees and employers from sexual harassment but it does not extendto all types of discriminations.

Malaysia has adopted a few acts to improve the relationship between employers and employee. This relationship is significant in order to build trust amongst each other. If the employee feels that they are sufficiently protected, it is possible for them to work harder and stay loyal towards their employer. Acts such as the Working Time Regulations Act 1998 shows that the employers are taking care of their employees’ welfare without suppressing the employees by doing what the employees are unable perform.

In Malaysia, employees do not enjoy such protection due to the fact that the employees have to work within a stipulated time in the contract. Besides that, they do not enjoy the right to leave work solely to attend to their children’s needs. In fact, most employees have to pay extra for their children’s welfare which is a burden for any employee which is a problemthat can be easily solved if the government adopt such an actthat is currently being practised in UK.