Dr. Lum Heap SumDr. Lum Heap Sum

Managing Director at Eminentz Grez Consulting Sdn Bhd
Following
Trans-Pacific Partnership Agreement (TPPA) - How It Affects Malaysia Labour and Labour-Related Laws and Practices?
Feb 23, 2016

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Last Friday (on 19 February 2016), I moderated a briefing among employers on the impacts of the Labour Chapter (Chapter 19) of Trans-Pacific Partnership Agreement (TPPA) in Malaysia.

The briefing was guided by the "Malaysia - United States Labour Contingency Plan" as agreed between the two Governments (subject to legal review for accuracy, clarity and consistency, and to take effect upon the signing of the TPPA), read together with all relevant International Labour Organisation (ILO) Conventions and Declaration. Details of the above-mentioned Labour Contingency Plan can be obtained from the Office of the United States Trade Representative's webpage at https://ustr.gov/.

By the above, within the next 24 months, Malaysia may see amendments to its labour and labour-related laws, namely, the Trade Union Act 1959, the Industrial Relations Act 1967, the Employment Act 1955, Sabah Labour Ordinance, Sarawak Labour Ordinance, the Passport Act 1966, the Workers’ Minimum Standards of Housing and Amenities Act 1990, the Private Employment Agencies Act 1981, the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, and the Children and Young Persons (Employment) Act 1966.

Thus, among the impacts of TPPA are:

1) Foreign workers (or non-citizen of Malaysia) will be able to exercise their rights to form and join trade unions, and to participate in its lawful activities in Malaysia, including to run for election to unions office and be appointed as office bearers of trade unions;

2) The formation of trade unions will no longer be limited to “similar" trades, occupations or industries;

3) Removal of broad restrictions on the scope of collective bargaining (i.e. rights to promote, transfer, employ, terminate, and work assignment);

4) And many more...

The briefing was indeed an eye-opener for employers. Without knowing exactly what we have inked in TPPA, employers have no basis to discuss or do anything meaningful to safeguard their interests. Now that they know the impacts of TPPA to the country and their organisations (whether deemed desirable or undesirable to them), they are able to plan accordingly, including raising their concerns at dialogues with their Associations, Chamber of Commerce, or even at various Ministerial levels. As one participant commented, "Now, I know exactly what issues to raise in my next week's meeting with my trade association." Another participant commented, "I have been searching everywhere for such information, but I just couldn't find them... until now."

I ended my briefing with the following note... it is about time for employers to make "informed decision", and be "collectively inclusive" in such decision making process.

I am Dr. Lum Heap Sum, and I can be contacted at heapsum@gmail.com.

I received a very interesting call from recruiter just now. An Australian based EPC contractor who recently secure a project in Malaysia. They need CA immediately. Rasa macam nak melompat jer bila dengar the hourly rates - Rm 100 per hour fixed hahahaha contract one year.

Later I will share the details once I get the email from them.

BANGGALA kerja offshore is a wrong news.

Aiya I am only cap ayam. The real sifu is BaRT

Okay I got the email already. For now let it remain confidential but all I can say they have a project in Malaysia, tak boleh bagitau buat masa sekarang.

Woodside is one of their client at Oz.

Hope I can meet them at KL office for interview this Friday.

This post has been edited by mohdyakup: Feb 24 2016, 03:36 PM

The recruiter still dont want to tell me which project in Malaysia. She only say its Australia based EPC/EPCM contractor. You are working with Woodside?

I did a quick check about this Co. and they are diversified contractor involve in mining, O&G, power and civil.

PBJV in both T&I and HUC Pan Malaysia contract.

Pan Malaysia T&I (ITIC) - PBJV, TLO, GOM, Carimin

Pan Malaysia HUC - Pinewell, Dayang, PBJV, Petra

Kalau salah tolong jolokkan.

This post has been edited by mohdyakup: Feb 24 2016, 07:53 PM

Banggala already in Malaysia O&G scene for quite sometimes already, I know they are doing those hard labour work like helper, grinder, carpenter etc which our local manpower tanak buat.

But yes I disagree if Banggala to replace our local local QA/QC, E&I, HSE, welder, scaffolder, offshore catering workers, able seaman body etc. That is too much.

Sekarang ini kebanjiran welder Vietnam at Pengerang. And there was a serious pergaduhan at Bintulu last time with regard to foreign welder being paid higher than local welder.

Salah siapa? Salah manpower agent? or salah Client budget ciput? or salah local sendiri? Entahlahhhhhh

SKD

https://skdrilling.taleo.net/careersection/...ch.ftl?lang=en#

I thought Carimin retrenched its staff already? Also semput2 financially.

Spoken with my OI-EMEPMI friend yesterday via phone, most of those with brownfield, construction and OI will be retrench/let go/demob by next week. Suppose to do pipeline replacement for Guntong this year but GOM sudah bungkus, bagi kat PBJV diorang tak dapat buat, bagi kat TLO but must stick to original Pan Malaysia ITIC contract price, last2 Petronas suruh buat tahun depan. My friend tu baru jer 32 hari with EMEPMI dah kena demob.

He told me that one of OI-EMSSR just joining McDermott KL office.

GKOM, which is part of MISC subsidiaries. Similar like EPOMS which into O&M business. Banyak betul duit MISC hahahaha

I only know one fella working at GKOM. GKOM payscale is higher than EPOMS (for offshore operation)

This post has been edited by mohdyakup: Feb 25 2016, 07:54 AM

This is rare.

http://www.jobstreet.com.my/en/job/5103403/origin/sg?fr=21

...

This post has been edited by mohdyakup: Feb 25 2016, 08:46 AM

Can someone translate to me pleaase? I only interested with Tecnimont wording hehe

Petronas Gas profit rises to nearly RM2bil

PETALING JAYA: Petronas Gas Bhd earnings rose to nearly RM2bil in the financial year ended Dec 31, 2015 boosted by a one-off recognition of deferred tax asset (DTA) while it expects its agreements and utilities to underpin its steady performance for 2016.

Petronas Chemicals net profit rises to RM704mil

PETALING JAYA: Petronas Chemicals Group Bhd (PetChem) reported a net profit of RM704mil for its fourth quarter ended Dec 31, 2015, or a 40% increase from RM500mil a year ago.

Italian energy giant Eni said on Wednesday that the Mozambique government had approved the plan of development for the company’s Coral FLNG project.

The approval relates to the first phase of development of 5 trillion cubic feet of gas in the Coral discovery, located in the Area 4 permit.

The giant discovery, located approximately 80 kilometers offshore of the Palma bay in the northern province of Cabo Delgado, is estimated to contain around 16 trillion cubic feet (TCF) of gas in place.

The plan of development, the very first one to be approved in the Rovuma Basin, foresees the drilling and completion of 6 subsea wells and the construction and installation of a floating LNG facility, with the capacity of around 3.4 MTPA, Eni said in a statement.

“Today’s approval of the Coral plan of development is a historical milestone for the development of our discovery of 85 TCF of gas in the Rovuma Basin. It is a fundamental step to progress toward the final investment decision of our project which envisages the installation of the first newly built floating LNG facility in Africa and one of the first in the world,“ Eni’s CEO, Claudio Descalzi said.

Eni is the operator of Area 4 with a 50% indirect interest, owned through Eni East Africa (EEA), which holds a 70% stake of Area 4.

The other partners are Galp Energia, Kogas and Empresa Nacional de Hidrocarbonetos (ENH) with a 10% stake each. CNPC owns a 20% indirect interest in Area 4 through Eni East Africa.

Now I know who is the partner for Tecnimont for Rapid polypropylene package. Its called China Hianqiu or HQC, a subsidiaries of CNPC. Harap this Co. perangai tak macam CCEM kat Gebeng. Hehe. Rather solicit job opportunities with Hanqiu its better for me to approach Tecnimont. Sorry statement ini bukan berbaur racist but I cannot speak Mandarin which will hinder my application.

I see. No wonder MMHE won a lot of onshore structural fab job for Rapid. Do you have any idea where I can approach Tecnimont?

I see. Solar is JV with Malaysian partner called Turboservices right?