POV: Protection for Pregnant Mothers Against Termination

Effective 1st January 2023, the Employment Act 1955 introduced a new Section 41A with the headlines “Restriction on termination of pregnant female employee” where it states that you cannot terminate a pregnant mother who is suffering from an illness arising out of her pregnancy.

Honestly, I was quite perplexed why is there a need at all to introduce this new section? Because if it’s not a long-term illness, regardless whether the employee is pregnant or not, you cannot terminate either.

This is how the new Section 41A reads:

“Where a female employee is pregnant or is suffering from an illness out of her pregnancy, it shall be an offence for her employer to terminate her services or give her notice of termination of service, except on the grounds of –

(a) willful breach of a condition of the contract of service under subsection 13(2);

(b) misconduct under subsection 14(1); or

(c) closure of the employer’s business.”

Heh. I think that section should be rephrased to, “Where any employee is suffering from any illness which is not long-term, it shall be an offence for his/her employer to terminate his/her services…”

Sekian.

#POV #EA1955 #BebelBimbo

2 thoughts on “POV: Protection for Pregnant Mothers Against Termination”

  1. hi , please explain on ORP and incomplete monthly salary? and my gave us alternate sat leave which for 2022 we worked half day and now change to alternate sat but for those choose alternate sat leave have to replace the house on working day . so we have replaced 30min on working day. . recently she come out with schedule that we have to complete 26 day every year working on saturday so that ask to replace the public holidays fall on Saturday . unfortunately the Saturday is falling on our sat alternate leave ? do we need to replace as per her or she needs to provide subsequent sat leave ?

    Reply
    • I’m not sure what I understood what you want to ask. Ordinary Rate of Pay, ORP is your monthly wages/26 days. The maximum working hours per week is 45 max. In every week there must have minimum 1 rest day. Min public holidays per year is 11 days. Those are the rules. If your company complies to all, then it’s okay.

      Reply

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Ku Sim Ling, fondly known as AuntyHR™ on social media, is a seasoned HR expert with 20 years of experience in the workforce solutions industry. With half a million followers across LinkedIn, Instagram and TikTok, she's influencing the HR landscape from Malaysia.

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