KUALA LUMPUR: The government should consider making rest days mandatory for all workers, in line with International Labour Organisation (ILO) standards.

Malaysia HR Forum and Social Compliance Malaysia chief executive officer and co-founder Arulkumar Singaraveloo said Malaysia currently allowed employees to work on rest days with a premium rate compensation.

He said some companies did not provide employees with appropriate piece-rate compensations for their overtime hours or for working on rest days.

He said some companies exclude shift allowances for workers to keep operation costs low.

He said such practices came under forced labour.

“At present, all workers in the country are entitled to one rest day. However, employees can still opt to work during rest days for additional payment. The ILO standards, however, say the rest day must be mandatory.

“Many employers do not fully understand the meaning of rest days. According to the Employment Act 1955, the length of a rest day should be at least 30 hours.

“But in companies that implement six working days on a shift basis, workers are often deprived of a proper 30-hour rest, especially when they transition between morning and night shifts.

“Companies can rectify this by tweaking their shift patterns or reduce working hours. But this may require them to hire more staff, and as such, many employers tend to overlook this issue.

“Making rest days mandatory is a vital step to protect employees’ welfare.

“Furthermore, Malaysia’s recent ratification of ILO’s Protocol 29 and the attention that forced labour issues has garnered in the country make it the right time for us to upgrade our local laws to meet international standards,” he told the New Straits Times.

Arulkumar said the discrepancy between local labour laws and international standards often threw employers in a limbo.

In such cases, he advised employers to comply with national regulations.

“Housing and accommodation for workers is a good case in point. Employers often think they are compliant with ILO standards if they have obtained a certificate for their workers’ hostels from the Labour Department.

“But they must bear in mind that the Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446) only emphasises the basic elements.

“The ILO, on the other hand, stresses the privacy of employees. It prohibits cramping workers in a dormitory or asking them to shower in communal bath areas.

“Nevertheless, employers must first strive to become fully compliant with local laws.

“Do not cherry pick and adopt only regulations that are convenient to you.

“If a company is fully compliant with local laws, then they have completed at least three-quarters of their compliance journey.

“The next step should be to bridge the gap between local laws and international standards.

“More importantly, employers should make decisions on workers’ welfare from a moral lens.”

He said employers should be more proactive and not wait to be reprimanded before improving the working and living conditions of employees.

“Between 2008 and 2010, the country’s semiconductor industry came under pressure from clients to improve labour conditions.

“These included repayment of recruitment fees and providing decent housing and accommodation for workers.

“Unfortunately, other industries did not take heed of the incident to enhance the welfare of their employees.

“Just like charity begins at home, companies and organisations should strive to uplift the welfare of their workers.”