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In Malaysia, the law that governs matters regarding employment and workmans welfare are stipulated in the Malaysian

Employment Act 1955.It covers important areas pertaining to employment and services such as the working hours, day off and workers right to other remunerations and benefits such as social security and medical leave. However, this existing law is said to have certain drawbacks in several areas. For instance, not all the migrant workers such as domestic helpers that are hired in Malaysia are able to enjoy the benefits and security that are specified in the law as the terms of employment are usually set out by the employers themselves. Besides that, another key issue is that Malaysian employees who are earning RM 2500 and below are protected under the Social Security Scheme (SOCSO) but the same protection is not granted for migrants workers who are working in the plantations and industrial sectors in Malaysia. Another matter that relates to the downsides of the Employment Act 1955 would be the issue relating to womens employment rights. This is because the employment rights that are given to woman in the work force is said to be not adequate. The maternity benefits that are set out in Malaysia for woman includes 60 days of maternity leave. However, this contradicts with the conditions that are established by the convention of the International Labour Organization whereby according to C183 Maternity Protection Convention, 2000, a female employee should be given at least 14 weeks of maternity leave. Besides that, the definition of closure of business is said to be silent in the Amendment Act. As a result, it raises a question on which part of the closure would be permitted which is most likely to be only on the part of employers business. Moreover, the Malaysia Employment Act 1955 does not cover matters concerning nursing stipend and maintenance or facilities for nursing mothers who are working. In comparison to India in the terms of maternity benefits that are received by the female employees, a woman employee is given a period of 90 days of paid leave as maternity

leave.This also covers any case of miscarriage. Besides that,certain benefits such as hospitalisation conveniences is also granted for female employees in India and we do not have such provision in the Employment Act in Malaysia Besides that, another vital matter is regarding the issue of wages. This is because there is no standard definition when it comes to the word wages.For instance ,the definition of wages are different under the Employment Act, Employees Social Security Act and the Employees Provident Fund Act. Hence, the definition of the term wages is vital in deciding the wages for the employees. Apart from that,in Malaysia,we do not have a law or provision regarding to the matter of equal remuneration for male and female staffs.In India,there is a law specially enacted to ensure that equal remuneration is granted for female and male employees who are working in a similar nature of work without any discrimination.This act is named The Equal Remuneration Act which was passed in the year of 1976 in India.Furthermore,this act also ensures that equal opportunities are granted to female employees in the workplace in terms of recruitment and service requirement unless it is stated otherwise in the law.

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