HUMAN Rights Commission of Malaysia (Suhakam) cautioned employers from discriminating against its unvaccinated employees and called them to use a softer approach instead.
“We remind employers to avoid imposing mandatory vaccination requirements to their employees or penalise those who refuse to get vaccinated. Instead, employers should offer incentives to encourage their employees to get vaccinated.
“We also call upon the Government to take immediate action to address such issues by having a balanced approach between public health priorities and the right to be treated fairly without discrimination,” it said in a statement.
On Sept 3, Human Resources Minister Datuk Seri M Saravanan said that employers have the right to compel their employees to take COVID-19 vaccine to prevent virus spread at their premises.
While he acknowledged that there is no specific legislation on COVID-19 vaccinations yet, the Occupational Safety and Health Act 1994 (OSHA) states that employers have a right to make safety and health policies to ensure safety at workplace.
“We still can apply OSHA. When there is an individual who has yet to be vaccinated, we can consider the workplace as unsafe,” The New Straits Times reported him as saying.
Balance public health with human rights
On that note, Suhakam urged the Government to look into the possibility of expanding the role and function of the Pusat Mediasi COVID-19 (PMC-19).
“This must include assistance for employees who are disputing issues related to COVID-19, including their vaccination status, with their employers,” it stressed.
Meanwhile, Suhakam lauded the Government’s announcement to allow fully vaccinated individuals some leeway, such as being allowed to dine-in at restaurants and undertake domestic travel.
The commission added that relaxing movement restrictions would serve as an incentive for people to get themselves vaccinated the soonest.
“Such restrictions, however, should not hinder anyone from enjoying their basic human rights including access to education, food and medical treatments and others.
“These restrictions should be temporary until such time herd immunity has been achieved or when the pandemic transitions to an endemic phase,” it remarked. – Sept 25, 2021
