Prayer Time Ban in Factory

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 30^th 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 )

1. 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?
2. 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?) 
3. What enshrined right of anybody has been violated?  ( State the law that upholds the right to prayer time during working hours )
4. 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 …. :

1. 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?
2. 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.  
3. 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!
4. 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. 
5. 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.
6.  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.
7. 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:

1. 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.
2. 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?    
3. 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.  
4. 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!)