Hirwan Jasbir Jaafar
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Hirwan Jasbir Jaafar
Official Name
Hirwan Jasbir, Jaafar
Alternative Name
Jaafar, Hirwan Jasbir
Jaafar, H. J.
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Scopus Author ID
57201309467
Researcher ID
IAG-1984-2023

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Management practices of disabled workers in an organization under the law in Malaysia

2017-01-01 , Hirwan Jasbir Jaafar , Harlida Abdul Wahab , Nurli Yaacob

The right to work has been recognized through article 23(1) of the Universal Declaration of Human Rights 1948. According to "World Health Survey 2010", 10 percent of Malaysia's population of 28 million or 2.8 million, are people with disabilities (PWDs). It indicates that nearly three million citizens of Malaysia are PWDs and this can surely influence the economic landscape of the country. This article discusses the major problem confronted by PWDs in the area of employment, particularly the practice of the organization in managing the rights of disabled employees. The purposes of this paper are: (1) to identify the rights of disabled employees according to Malaysian law; (2) to identify organization's practices in managing the rights of the disabled employees; and (3) to recommend some improvement to the existing laws for the protection of disabled employees' rights in Malaysia. In order to accomplish these objectives, socio-legal research was the approach used that involved social issues as well as problems relating to the community. The issues studied are the practices of the organization that employs workers with disability in ensuring their rights are in accordance with the Persons with Disabilities Act 2008 (the Act). These involved three aspects namely the requirement on wages, opportunity for promotion, and environment at work. The study revealed that the requirement on wages was fulfilled and in accordance with the Act but not in the other two aspects. On this account, two suggestions are proposed to ensure the disabled employees are getting proper protection at the work place namely the amendment to the definition of disabled employees and insertion of penalty provision in the case of violation of the Act. With this improvement, all parties especially the employers or organizations will understand and acknowledge the needs of disabled employees which accordingly would ensure an efficient enforcement of the law.

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