It has been brought to the attention of the Penang division of the Malaysian Trades Union Congress that the Jabatan Tenaga Kerja (Labour Department) of the Ministry of Human Resources is advising employers they can exclude meal breaks in determining the reduced weekly working hours of 45 hours under the amended Section 60A of the Employment Act 1955, which comes into force on 1 September.
In essence, what the Jabatan Tenaga Kerja is misrepresenting is that the current 48-hour working week be maintained just by a sleight of hand by deducting the meal breaks of 45 minutes from the aggregate – whereas the intention of Parliament, as we understand it, is to reduce the absolute weekly working hours to 45 hours.
We believe nowhere in this section of the Employment Act is there an explicit provision that excludes meal breaks in determining the weekly working hours of workers.
On the contrary, Section 60A(1)(d)(ii), in no uncertain language provides that:
an employee who is engaged in work which must be carried on continuously and which requires his continued attendance may be required to work for eight continuous hours inclusive of a period or periods of not less than forty-five minutes in the aggregate to have a meal (emphasis ours)
Given the very nature of workers’ employment – which must be carried out continuously and which requires their continued attendance (eg workers required to work on rotating shifts and in assembly lines) – there can be no other interpretation save...
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