Although Malaysian laws generally do not explicitly discriminate against women in employment, such discrimination does occur. The Federal Constitution, being the supreme law of Malaysia, provides a guarantee of equality in employment. However, Article 8, which prohibits gender discrimination in employment, refers to public services. In the case described here a stewardess worked for a private airline and the courts determined that constitutional protection did not extend to her. It would appear that the Malaysian court's strict interpretation of Article 8 renders valid the term of a collective employment agreement requiring a stewardess to resign if she becomes pregnant. This paper examines the interplay between an employment contract, a collective agreement, employment law and the constitutional rights of Malaysian citizens.View full textDownload full textKeywordsMalaysian law, Federal Constitution, employment contract, collective agreement, genderRelated var addthis_config = { ui_cobrand: "Taylor & Francis Online", services_compact: "citeulike,netvibes,twitter,technorati,delicious,linkedin,facebook,stumbleupon,digg,google,more", pubid: "ra-4dff56cd6bb1830b" }; Add to shortlist Link Permalink http://dx.doi.org/10.1080/09589236.2012.661566
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