By Shazmirah Shamsad
ABSTRACT
In this day and age, it is very suffocating to see women still discriminated against even as a worker just because we are still relying on traditional perceptions. As a matter of fact, most of the community members in Malaysia still held the mindset that ‘men in any way are superior to women’. To elucidate, some employers will not hire a woman for a certain position as they think women won’t be able to do the work as well as men. It becomes more horrible when employers refuse to pay female workers as much as the amount they pay male workers. To further add, it is hilarious that single women need to work longer shifts as they do not have a family to take care of compared to married women. At the same time, this situation does not occur to the men as they will be treated equally despite their marital status. Therefore, it is very crucial for female workers to be aware of their rights and ensure that they obtain them respectfully.
Keywords: discrimination, women, workplace
INTRODUCTION
As defined, discrimination is the unfair prejudicial treatment of people and groups based on characteristics such as race, gender, age, or sexual orientation1. Undeniably, the definition is too simple to define the whole thing about discrimination itself as there are never enough letters needed to elaborate on this highlightedword.
As a matter of fact, gender inequality has happened since the earliest centuries and despite all the urbanization that occurs daily, this issue has not been resolved along with thedevelopment of urban society. In 1869, the issue regarding voting rights was highlighted by John Stuart Mill in his essay entitled, ‘The Subjectionof Women’. This above issue highlighted that there was a suffrage timeline which showed the hardship women went through just to get a bare minimum right which men get effortlessly.
On the other hand, women are discriminated not only in a specific field but they are not provided with the chance to access various kinds of opportunities such as education, healthcare, financial services as well as legal rights. To illustrate, there are significant wage gap associated with gender even for the same position, and even after taking into consideration other relevant factor such as education2.Therefore, it is indisputable that women’s rights, especially as an employee is a crucial topic which need further deliberation.
1 Discrimination: What it is and how to cope, 31 October 2022. American Psychological Association
2 Chapter 2. Gender Inequality Around TheWorld – Women, Work and Economics Growth Levelling The Playing Field, 15 Feb 2017, pp. 348
WOMEN RIGHTS AT WORK
Women are supposed to gain all the rights that men gain as employees with the addition ofrights which are stated in Employment Act 19553:
1. Prohibition of night work
2. Prohibition of underground work
3. Prohibition of employment by minister
4. Maternity protection which includes:
• length of eligible period and entitlement to maternity allowance,
• Payment of maternity allowance
• Payment of allowance to nominee on death or female employee
• Loss of maternity allowance for failure to notify employer
• Payment of allowance to nominee
• Conditions contrary to Part void
• Register of allowances paid
From all the stated rights that our country actually provides especially for female employee, most of women are not aware of their rights and those who are aware of their right at some point fail to gain them even though it is the most fundamental right.
3 Employment Act 1955, part VIII, Employment of Women, part IX Maternity Protection.
ENFORCEMENT IN THE WORKPLACE
The very purpose of highlighting how women might lose their rights and be taken advantage of is not to deny that men also own their rights and it does not mean that if women suffer to obtain their rights then men should suffer too. The very reason of highlighting this issue is to ensure both gender may work in a peaceful environment and succeed in their career path.
To elucidate further, in the charter of the United Nations, 1945 equality between men and women is recognized globally. There are several agreements were made and one of them is the Convention on the Elimination of all forms of Discrimination against Women- Beijing Platform for Action, endorsed at the Fourth World Conference on Women: Equality Development and Peace, which was held in 19954.
Thus, it is a global issue that has been talked about for centuries but is still the hardest one to meet the end especially when involving the ability of both genders. Besides, whenever women ask for the rights that men obtain effortlessly, that does not counter that women are equal to men in all aspects.
4Gender Balance, Encyclopedia of Corporate Social Responsibility, 27 January 2013, pp 1195–1204
CONCLUSION
Ultimately, it is beyond doubt that women need to put an uncountable effort just to be heard and gain the right for their gender. History becomessolid proof for various events as they do not get the chance as men get merely because they are women in the first place. It happens from east to west without exception and it still happens in the 21st century where the world is getting way more sophisticated. Grievously, this rapid development does not change this conservative way of thinking. Hence, through raised points, it is clear that women have various rights asemployees. Therefore, not a single person should deny their rights as it is written down clearly as a part of laws. All female employees are obligated to be well aware of their rights as a woman and obviously as an employee. In contrast, employers should not take the innocence of certain women to act deceitful for the purpose of gaining multiple profits.
REFERENCE
Abstract, Women workers and labour standards: the problem of ‘human rights’, 27 January 2007.
Chapter 2. Gender Inequality Around The World – Women, Work and Economics Growth Levelling The Playing Field, 15 Feb 2017, pp. 348.
https://www.elibrary.imf.org/display/book/9781513516103/ch002.xml
Discrimination: What it is and how to cope, 31 October 2022. American Psychological Association.
https://www.apa.org/topics/racism-bias-discrimination/types-stress
Employment Act 1955, part VIII, Employment of Women, part IX Maternity Protection.
https://www.ilo.org/dyn/natlex/docs/WEBTEXT/48055/66265/E55mys01.htm
Employee Rights, 2004, pp. 19.
Gender Balance, Encyclopedia of Corporate Social Responsibility, 27 January 2013, pp 1195–1204.
https://link.springer.com/referenceworkentry/10.1007/978-3-642-28036-8_624
Subtle but Pervasive: Discrimination against Mothers and Pregnant Women in the Workplace, pp.1369.
Women and Workplace Discrimination: Overcoming Barriers to Gender Equality, 1927, pp. 1-4.
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