Explain why Act 446 amended by Emergency Ordinance postponed, NUBE tells Saravanan

Human Resources Minister, Datuk M. Saravanan

KUALA LUMPUR 24 May – The Human Resources Minister, Datuk M. Saravanan must explain what prompted him to postpone the enforcement of Act 446 til end of the year, despite the rising number of COVID-19 clusters involving workers.

The General Secretary of NUBE, J. Solomon said the law in question sets the minimum housing and accommodation standards which employers must provide for their workers or face heavy fines and even jail terms.

He said, the announcement by Saravanan on April 22 to postpone the enforcement of Act 446 until December 2021, clearly runs counter to the said law promulgated under the Emergency Ordinance by His Majesty, the Yang DiPertuan Agong.

“The minister appeared to have taken on himself to reverse the enforcement of Act 446 which was proclaimed by the YDPA. He has arbitrarily agreed for the enforcement of the law to be postponed until the end of the year, despite the rising number of COVID-19 clusters involving workers.

“We feel this is a very serious violation by the minister that goes against the federal constitution and the laws of the country. 

“The minister must explain what prompted him to make his April 22 statement as well as the reports by the national news agency Bernama on the next day in which he was lauded by the Malaysian Employers Federation (MEF) for the decision,” he said in a statement today.  

Solomon said, the YDPA had promulgated the Emergency Ordinance 2021 of the Employees' Minimum Standards of Housing, Accommodations and Amenities (Amendment), known as PU (A) 77/2021, after being satisfied that there is an immediate need for it to be amended, in light of the grave emergency as a result of the COVID-19 pandemic.

He said, His Majesty’s decision was welcomed by workers and the rakyat, as strict laws to govern housing and accommodation standards of workers were seen as essential in the fight to contain COVID-19.

It is expressly stated in the ordinance (see attachment) that the housing laws for workers under this emergency ordinance comes into operation on 26 February 2021 and is applicable throughout Malaysia.

These amendments included provisions which empowered the Minister of Human Resources to “further prescribe the category of employees who shall be provided with accommodation and states that once the Minister makes such prescription, all employers who fall into the said category, shall provide such employees with accommodation.”

Solomon said, the minister has lodged a police report against him for allegedly slandering him over this issue.

“I have told the police that I did not slander him but merely asked him to reinstate the enforcement of Act446 as it is an important law to contain COVID-19 and protect the health and safety of all workers.

“The police report that Saravanan made against me is mala fide and malicious therefore, I shall continue to defend my stand.

“I call on the minister to provide the Malaysian workers, the rakyat and the government, a detailed explanation for his decision to reverse the enforcement of a law promulgated by the YDPA,” said Solomon.

According to him, the workers, as well as the rakyat have equal responsibility to safeguard the image and powers of our monarchy.

“It is expected of the Minister to do the same, as no one is above the law,” he said. – DagangNews.com

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