Humanisation of right to livelihood under the federal constitution of Malaysia

Abstract

This paper looks at the humanisation of security of employment under the purview of the Federal Constitution of Malaysia. The Federal Constitution must be read in broad and liberal fashion in order to afford protection to fellow workman in Malaysia. Strict and narrow interpretations will only reduce and limit the protection guaranteed by the Federal Constitution of Malaysia. We look at the social justice part of the legislation to afford justice and equity to the workmen in Malaysia. Gopal Sri Ram in the case of Tan Teck Seng V Suruhanjaya Perkhidmatan Pendidikan & Anor¹, the Court of Appeal, eloquently opined that: ".... The expression" life" appearing in Article 5 does not refer to mere existence. It incorporates all those facets that are an integral part of life itself and those matters, which go to form the quality of life. Of these are the rights to seek and be engaged in lawful and gainful employment and to receive those benefits that our society has to offer to its members. Section 30(5) of the Industrial Relations Act 1967expressly declares that the Industrial Court: "...Shall act accordingly to equity, good conscience and the substantial merits of the case without regard to technicalities and legal form." This clearly involves the humanisation aspect of the right to life as enshrined under the Federal Constitution of Malaysia to elevate the status of the workmen in Malaysia to the higher plateau of constitutional rights and protection. Justice, liberty, equality and fraternity are supreme constitutional values to establish the egalitarian social, economic and political democracy. Social justice, equality and dignity of person are cornerstones of social democracy. Social justice consists of diverse principles essential for the orderly growth and development of personality of every citizen in Malaysia.