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As for probationary workers who are sacked, the amendment proposed that back
pay that could be awarded should not exceed 12 months salary.
<p>Human Resource Minister Datuk Dr Fong Chan Onn, when tabling the bill for second
reading at the Dewan Rakyat said, the amendment would act as a guide to the
Industrial Court in making consistent decisions on cases of sacked workers.</p>
<p>"The provision limiting back pay had been implemented for the past 20
years when the Practice Note No 1/1987 was introduced in the Industrial Court.
The current amendment is to clarify further the Practice Note," he said.</p>
<p>Other factors that should also be considered by the court was the post-dismissal
earning, the percentage of the earning to be decided by the court must be deducted
from the back pay that had been awarded.</p>
<p>If any relief is to be given for the loss of future earning, the court must
take into consideration the contributory misconduct on the part of the worker
concerned.</p>
<p>Fong said the amendment to the Industrial Relations Act 1967 (Act 177) aimed
at ensuring that the act complied with current developments and needs in industrial
relations in the country. The act had also not been reviewed since 1990.</p>
<p>Meanwhile, when winding up the debate on the bill, he said the government had
considered the views of various parties including the Malaysian Trades Union
Congress (MTUC) to ensure that the amendments were relevant to the current system.</p>
<p>He said the ministry had held several meetings with the MTUC and other organisations
since 2004 to discuss the amendments.</p>
<p>Earlier, when debating the bill, Opposition Leader Lim Kit Siang claimed that
the amendment had ignored the interests of the workers besides eroding their
fundamental rights as enshrined in the constitution.</p>
<p>"The amended bill should create a harmonious industrial environment to
attract investors so that it would be investor-friendly.</p>
<p>"But, it seems that the approval of the bill will create industrial tension
which has never happened before," said Lim, who is also the member of Parliament
for Ipoh Timor.</p>
<p>The Opposition Leader, who was doubtful of the assurance by the minister that
several meetings had been held with the MTUC to discuss the amendments, asked
Fong to meet the MTUC representatives at Parliament House tomorrow for clarification.</p>
<p>The MTUC this morning held a peaceful picket in front of Parliament House to
ask the Human Resource Minister to retract the Industrial Relations (Amendment)
Bill 2007 and the Trade Union (Amendment) Bill 2007.</p>
<p>The MTUC claimed that the amendments contradicted the country’s highest law,
namely the Federal Constitution, the Human Rights Act and International Law.</p>
<p>The Dewan Rakyat will sit again tomorrow.</p>
<p>– BERNAMA</p>
<p><i>Source: http://www.bernama.com.my/bernama/v3/news.php?id=281557</i>
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