Can Malaysians Think Right Anymore?
NO
PRAYERS DURING WORKING HOURS – Offenders Will Be Fined RM500 By Employer!
When it comes to religion and race we are a country that has
lost our ability to rationalize what is right from what is wrong
2nd Aug
2019
The Incident in question
This company had purportedly issued
a memo on 30th July 2019 banning prayers during work hours. A copy
of this memo was viralled out onto social media. And as usual with Malaysia, a brouhaha
was kicked up and the authorities kicked in to investigate. Well, the conclusion to this incident is
that it turns out that the company had never issued that memo. Somebody had faked and viralled it, and nobody
(ie neither you nor me) had actually noticed that the memo bears no signature,
and that the workers interviewed by the JTKSM during its investigation at its
premises all say that they never saw the memo, nor had any superior talked to
them about it, plus they are all being given time off for prayer all the time.
My personal stand is as follows:
(1) It is always GOOD
for an employer to voluntarily practice
good employer/employee relations and allow privileges to the employee if by
doing so the employer does not lose out in business but gains the appreciation
of his workforce.
(2) Prayer time is one of such
privileges. It is not a statutory
right. This is what the employer, HR
PROFESSIONAL and the employees must all understand. A privilege granted gains appreciation and
goodwill. A right that is granted does not
gain any appreciation at all, because there are enshrined penalties for failing
to grant rights. Granting a privilege
as if it is a statutory right is an act of ignorance; the good action is
taken for granted as a right and nobody shows appreciation fornit.
(3) In this
particular case, assuming that Hond Tat Industries did issue that memo :
(a) Hond Tat would not have been wise
but still, it would have acted within its rights
as an employer. It would not have violated any law, nor any contractual
right of the employees.
(b) That memo should not state that the company will impose a monetary fine on the employee
who break that rule (it is not wise to do so) . Yes, as far as the law goes, the employer may
impose “any lesser punishment” as he deems fit other than a dismissal for misconducts {See Employment
Act 1955 which provides so} and a fine is definitely a lighter punishment than a dismissal decision. But then there are less controversial actions that can be taken, especially that in this country religion has already hyped up to a hyper-hysterical level of
sensitivity. Rather than
being a question of law and rights, it is a question of wisdom.
(4) If this country is willing
to stand up against LGBT rights which are also human rights, then prayer rights
are also nothing more than human rights as such.
Much as I disagree with certain private things that LGBTs do in private, I will still say let the transgenders do those things that they do in their private space and time. And so too, let
employees do their prayers in their own private space and time unless the employer chooses to graciously allow then to enjoy that as a privilege.
Following this will be a detailed
explanation on my stand.
THE MAIN ISSUES THAT WE HAVE
FORGOTTEN...
The authorities want to investigate an employer for not giving time off for prayer? Oh
good, … but to investigate WHAT? What laws have the employer broken? Go think …..( you should still capable of doing that )
- What national law has been broken? ( Name it if you can ). You say the employer has broken the state religious laws in that religion? Well, does the employer come under that set of laws? If not, what business do you have to investigate him? Doesn't that sound like outright bullying by the authorities?
- Which part of the contract of employment with the employee has been breached? ( Do the terms and conditions in the employment contract state that the employee is given the right to do his personal prayer during the working hours?)
- What enshrined right of anybody has been violated? ( State the law that upholds the right to prayer time during working hours )
- Does not the employer have his rights under the contract of employment? {See IR Act 1967 Sec 13 : Management prerogatives to decide on how the business is to be operated)
LEST WE FORGET …. :
- A people in a country who do not respect and uphold the law of the country is a country of lawless people, despite the fact that laws do exist. Do we respect the laws in this land?
- A business is a business. Business needs comes first. {See IR Act 1967 Sec 13 : Management prerogatives to decide on how the business is to be operated) If there is no business there are no jobs. If there is no employment.....there is no pay to earn.
- A contract of employment grants rights to both parties. Is anyone talking about the rights of the one who pays the salary? Why are we only concerned about the rights of the one who receives it, and NON EXISTENT rights at that!
- A wise employer may CHOOSE to forgo certain of his rights and grant privileges to employees for the sake of harmony that would enhance operations. The decision is strictly voluntary and discretionary. This goes for giving time off for prayer.
- Being unwise may be disadvantageous to the employer, but being unwise not a crime. The unwise employer will have to suffer consequences of law breaking ONLY IF any law is broken. The unwise employer may have to suffer paying up for consequences of any contractual breach, if any (express or implied) term of the employment contract is violated, that is, if any is violated.
- Religious obligation is a PERSONAL obligation. Every religion has its own rules. Unless and until such rules are ENSHRINED as law, they remain as religious rule and as such prayer is a personal obligation.
- When we impose as law what is not law, and ignore the law where the law exists, we are nothing more than a lawless people, however well-schooled or well-educated we are.
THE
FACTS WE DO FORGET or WE CHOOSE TO IGNORE:
- Any court of law will agree that an employee is under a contract of service and to be PAID FOR THE TIME HE IS UNDER THE CONTROL of the employer according to the contracted hours. Non work time is not to be paid for.
- Expanding on #1 above, according to the Employment Act 1955, the WORK hours of non-shift worker is excluding the 30 minutes meal break. A Non shift worker works 8 hours a day times 6 days a week up for up to a maximum of 48 hours a week. He MUST be given a minimum of 30 mins of break for a maximum of every 5 hours of work. He may even be given more time off for breaks, but these break times are not included within that 8 hours a day. Why can't the non-shfit employee use his own personal time for his prayer? Why must he insist on using the company's time?
- On the other hand, a SHIFT WORKER’s 8 hours of work a day is inclusive of an aggregate of 45 minutes time off. It is up to the employer to decide whether to arrange to give the 45 minutes at one go, or two or more breaks.
- Therefore, in view of #2 & 3, should not the prayer time, being his personal commitment to his God be done during his own break hours? Why must it be on paid hours if the law does not demand it, and the “unwise” employer does not choose to pay for it?
THE
FACTS WE DO NOT KNOW OR MAY KNOW BUT CHOOSE TO IGNORE:
1.
In religion, prayer time is never
strict “on-the-dot” time. There is
always a time leeway within which it can be done. Is God unreasonably petty and so fussy about time?
2.
The actual prayer time is not that long and it can always be completed within
an arranged time, given that the employer can always arrange for less but
longer breaks for shift workers. Non shift workers rarely enjoy only half hour of
break, but usually longer.
3.
Even in the instance where the break
time for shift workers does not allow enough time for him to complete his personal prayer to his God, he can
always replace for missed prayers
after work (if he really is committed to his God and his religion)
4.
And in a certain religion, where the
person must pray on a specific day and time and at a specified place there are
exceptions to the rule by that religion which is very very often touted as a
very reasonable religion, ie:
i. If
one is constrained by others from doing so, it is not a sin on him. If the work regulations are a constraint, there is therefore no sin.
Is
the above information correct or no? Ans
( ) Yes ( )
No.
ii. Even if he had chosen not to
attend, it becomes a sin only if he fails to do it 3 times in a row. Shift changes are usually done once a week or
two weeks. That makes it almost impossible to miss it 3 times in a row, since
only one shift has hours that fall within the specified hours.
Is
the above information correct or no?
Ans ( ) Yes ( )
No.
iii. It
is a fact that the ritual, prayer and worship time is obligatory on that
specified day, but the sermon time is not. The prayer and worship time takes
much less time than the sermon time. Why
is the normal one hour break not enough, barring parking problem and travel
time are cited as reasons.
Is
the above information correct or no?
Ans ( ) Yes ( )
No..
iv.
When we are speaking about a religion that is reasonable and based the above
information if they are all correct, then it is the UNREASONABLE PEOPLE who are
MAKING UNREASONABLE DEMANDS that becomes the problem. If an employer choose to be unwise or even
stupid and be out to disadvantage himself and his operations so that nobody
wants to work for him, that is his own problem. It is not a problem of the law
to be investigated, is it?
I lament the state of this country that
has fallen to such depths. We were once among the foremost Asian Tigers. But
now we are not because we have lost the ability to think critically and act rationally. I lament for the future of our young, for
those minds continue to be dumbed down by seniors in the community and parents
such that they cannot think anymore.
Today, Singapore is way ahead of us. Today China is way way way way 30
years ahead of us. In the 1970s, China was some 30 years behind us. They are communists but they can think. We
are democratic but cannot think. Give it
another 15 years, you will be sending your daughters and wives to Cambodia and
Myanmar to work as maids. What a thought. Remember, The Philippines was the top
Asian Tiger in 1970’s ….WAS.
Now you know why this blog is called "UNPLEASANT TRUTHS".
Related Readings on “Can Malaysians
Think Right Anymore?”
- “I pray you pay? No pay no prayer?”
- Religion is racism? What has race to do with religion?
- Example of a privilege being taken for granted a right, where trying to re-establish control becomes an issue for disgruntlement.
- Ustadz Ahmad Adnan Fadzil confirms skipping Fr prayer is allowed if there is work prevents it ( This one can think!)
