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Showing posts with label Education. Show all posts
Showing posts with label Education. Show all posts

Wednesday 21 February 2024

Victory for vernacular schools; Tax exemption for traditional and complementary medicine

A timely win for vernacular schools in Malaysia


Federal Court's decision is a victory for vernacular schools, says Dr Wee Ka Siong




PUTRAJAYA: The Chinese and Tamil schools are here to stay.

The Federal Court had refused an application by two non-governmental organisations (NGOs) to seek leave to appeal against an earlier ruling that the use of Chinese and Tamil languages in these schools is constitutional.

A three-member panel led by Justice Mary Lim Thiam Suan, in a 2-1 majority decision, dismissed the application by Islamic Education Development Council (Mappim) and the Confederation of Malaysian Writers Association (Gapena) against the Appeals Court’s decision on Nov 23 last year.

ALSO READ: A timely win for vernacular schools in Malaysia

The Appeals Court had affirmed that the existence and establishment of vernacular schools and the use of Chinese and Tamil languages in those schools are constitutional.

Justice Lim and Justice Rhodzariah Bujang dismissed the application of both petitioners, while Justice Abdul Karim Abdul Jalil dissented.

In delivering the majority decision, Justice Lim said the court found that Mappim and Gapena failed to meet the requirements under Section 96(a) of the Courts of Judicature Act 1964 to be granted leave to appeal on constitutional matters that had been amended by the petitioners.

“Therefore, the application for leave to appeal is dismissed with no costs,” she said.

ALSO READ: Federal Court's decision is a victory for vernacular schools, says Dr Wee Ka Siong

Prior to this, the two NGOs, through their lawyer, Mohamed Haniff Khatri Abdulla, submitted eight questions which consisted of six constitutional and two legal questions. However, the questions were later amended and only one constitutional question was presented to the court.

The constitutional question was whether the medium of instruction in the teaching and learning process in national-type Chinese and Tamil schools, established under Sections 2, 17 and 28 of the Education Act 1996 (Act 550), is an official matter and subject to the obligation under Article 152(1) of the Federal Constitution. Article 152(1) mandates the use of the national language for all official matters.

On Dec 29, 2021, High Court judge Justice Mohd Nazlan Mohd Ghazali (now Court of Appeal judge) dismissed the lawsuit brought by GPMS, Mappim, Gapena and Isma. GPMS did not file an appeal.

On May 29 last year, in the Kota Baru High Court, judicial commissioner Abazafree Mohd Abbas (now High Court judge) also ruled that the existence of vernacular schools is constitutional and dismissed a suit filed by I-Guru.

In their suit, GPMS, Mappim, Gapena and Isma named several parties including the Malaysian government, Chinese education groups Dong Zong and Jiao Zong, Persatuan Thamizhar Malaysia, Persatuan Tamilar Thurunal (Perak) and four political parties – MIC, MCA, Gerakan and Parti Bumiputra Perkasa Malaysia – as respondents.

I-Guru, meanwhile, named the Education Minister and the Government of Malaysia as respondents and sought a declaration that Sections 17 and 28 of the Education Act 1996 are inconsistent with Article 152 of the Federal Constitution.

The Chinese Language Council, Tamil Neri Association, Confederation of former Tamil School Pupils, MCA and Dong Zong were allowed to be interveners in the suit filed by I-Guru. Isma and I-Guru were not parties in the application for leave yesterday.

In yesterday’s proceedings, only the United Welfare of Retired Tamil Teachers Association Malaysia, Chinese Language Council, Malaysian Tamil Neri Association and United Association of Malaysian Tamil Students did not oppose the constitutional question by Gapena and Mappim, while 10 other respondents including the Minister of Education and Government of Malaysia opposed.

Earlier, Mohamed Haniff Khatri submitted that the application involved a matter of public interest that has never been challenged in court since independence. He said the matter should be brought to the Federal Court to be solved once and for all.

“If a decision is made at the Federal Court, perhaps it will not be challenged again, but if this application is only settled at the Court of Appeal, certain parties may try to challenge it again in court over the next 10 years,” he said.

Senior federal counsel Liew Horng Bin, representing the Malaysian Government and Education Minister, submitted that there was no merit in the application and both NGOs failed to establish that the case was of public importance.

Datuk Malik Imtiaz Sarwar, who acted for Chong Hwa Independent High School of Kuala Lumpur, said there was a distinction between a political issue and a legal one.

“It is not necessary for the court to grant permission to hear constitutional issues,” the lawyer said.  — Bernama

Related stories:

A timely win for vernacular schools in Malaysia

Federal Court's decision is a victory for vernacular schools, says Dr Wee Ka Siong

Court: It’s protected by Constitution

Chinese and Tamil schools will continue operating

Vernacular schools not public authorities, protected under Article 152 of Constitution, says appeals court

Vernacular schools: Appeals court upholds constitutionality, dismisses appeals by NGOs

TCM practitioners exempted from 8 pct service tax - YouTube

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Traditional and complementary medicine practitioners registered under the T&CM Act 2016 will be exempted from the 8 percent service tax. Finance Minister II Datuk Seri Amir Hamzah Azizan said as long as the TCM practitioners are registered with the Act under the Health Ministry, they will be exempted from the service tax that will come into effect on March 1.

Tax exemption for traditional and complementary medicine ...


PETALING JAYA: Consumers can heave a sigh of relief as Traditional and Complementary Medicine (T&CM) services will now be exempted from the 8% Sales and Service Tax (SST) from March 1, a U-turn from what was previously gazetted.

This reversal by the Finance Ministry reflects a consideration for the well-being of the people, prioritising healthcare accessibility, said Second Finance Minister Senator Datuk Seri Amir Hamzah Azizan.

He added that this exemption aligns with the Madani Malaysia concept, which is part of the Madani Economy Rakyat empowerment framework.

“The decision was agreed upon by the Prime Minister and Finance Minister Datuk Seri Anwar Ibrahim as this is a step to improve the health and comfort of the people.

ALSO READ: It’s the voice of the people being heard, says Dr Wee

“At the same time, the Madani Economy framework will continue to empower small and medium enterprises (SMEs) which employ more than half of the labour in Malaysia.

“The government has acknowledged that SMEs still have a journey ahead before they can enter the global market.

“Therefore, these entrepreneurs rely on domestic demand for their business survival, especially those SMEs offering services to Malaysians,” said Amir Hamzah in a statement.

The Finance Ministry further stated that practitioners registered under the Traditional and Complementary Medicine Act 2016 (Act 775) do not need to register with the Customs Department.

“The services which will be exempted from SST will be on traditional Malay medicines, Chinese traditional medicines, Indian traditional medicines, homeopathy, chiropractic medicines, osteopathic medicines and Islamic faith healing.

“The Finance Ministry agreed that the decision will be imposed from March 1 onwards on services provided by health and wellness centres which are run by T&CM practitioners who are registered under the Act 775 for the stated services,” he said.

On Jan 6, The Star had published an article quoting T&CM practitioners questioning why they were not exempted from the 8% SST as they are categorised and recognised by the Health Ministry for providing medical services.

The Malaysian Chinese Medical Association and Association of Malay Naturopathy Medicine Practitioners Malaysia had then stated that the government needs to provide further clarification on why their services were being taxed.

“If the modern medicine field can be exempted, then why do our clients have to pay taxes for T&CM treatments?

“We definitely need more clarification on this,” Malaysian Chinese Medical Association President Dr Heng Aik Teng had queried.

The Association of Malay Naturopathy Medicine Practitioners Malaysia pointed out that T&CM practitioners undergo procedures similar to modern medicine practitioners, including registering with the T&CM Council, renewing their Annual Practice Certificate, having qualifications that are recognised, and complying with Act 775.

Traditional Chinese Medicine: What You Need To Know


TCM practitioners use various psychological and/or physical approaches (such as acupuncture and tai chi) as well as herbal products to address health problems.

https://www.nccih.nih.gov/health/traditional-chinese-medicine-what-you-need-to-know


Thursday 15 February 2024

Rising number of informal workers

Maybank IB Research said the growth in informal jobs for 2023 was 6.5% compared to 9.7% in 2022.


“The challenges are really to do with a dysfunctional labour market, but fortunately, the rise of gig-economy work provides a market solution and a good option for many young people,” - Geoffrey Williams


PETALING JAYA: Despite witnessing stability in the unemployment rate within the local labour market, a growing number of informal workers are causing economist to worry about the cost of living crisis.

Maybank Investment Bank (Maybank IB) Research reported that the jobless rate within the Malaysian job market is showing signs of stability, holding at 3.3% in December 2023 for the second consecutive month, bringing the average unemployment for the year to 3.4%, down from 3.8% in 2022.

However, the research outfit expressed concerns about the rise of informal jobs and workers, specifically own account workers (OWA), as the number of such workers has been increasing since January 2021 from 2.39 million, reaching a new high of three million in December 2023.

Maybank IB Research said the growth in informal jobs for 2023 was 6.5% compared to 9.7% in 2022, surpassing total employment growth which stood at 2.4% in 2023 and 3.5% in 2022.

Malaysia University of Science and Technology economics professor Geoffrey Williams said there is no mystery about the increase in OAW, attributing it to being part of a long-term trend towards side hustles, micro-enterprises and gig-economy work.

“The number of people in this category has gone up because of the cost of living crisis.

“Household incomes are under pressure. So, women and youths are taking on casual, informal, gig-economy jobs to help their household out,” he noted in a reply to StarBiz.

ALSO READ: Gig economy popularity rising

He believes there has been a rise in female labour force participation and a decline in youth enrollment in college for the same reason.

Williams said most of the people in the OAW category are youths and many of them are women.

According to him, under normal circumstances, they wouldn’t pursue such jobs.

However, he said, due to the pressure of high prices and persistently low incomes for male household members, women and young adults find themselves compelled to take on these jobs.

“Many of these jobs are also taken by graduates who cannot find graduate level work.

“They are underemployed, contributing to an overall structural problem of underemployment covering approximately two million people,” he added.

William said these jobs are predominantly low-paid and short-term, making them easily accessible.

“Although male and female average wages are similar in formal work, there is a gender income gap in informal work because women tend to take on low-paid, short-term informal work more often,” he said.

With regard to formal work, William said finding such employment is challenging as firms are still recovering from the Covid-19 crisis or transitioning to technology that reduces the need for human workers.

Additionally, William believes formal salaries are low, prompting people to opt for gig-economy and OAW jobs for better flexibility, even if the salary is not as lucrative.

Meanwhile, Maybank IB Research also pointed out the persistently stagnant youth unemployment rate, holding steady at 10.6% in December 2023.

“Youth unemployment has been ‘stuck’ between the 10.6% and 10.8% range since August 2023, thus still above the pre-pandemic low of 9.9% in December 2019,” it noted

Commenting in regards to this, William said youth unemployment is high worldwide due to a demand and supply issue within the younger labour market.

ALSO READ: DPM: We’ll look after gig workers

“Companies do not have jobs to offer new recruits, graduates and school-leavers so demand for young people is low,” he said.

If companies do have job openings, Williams said the salaries are often below the poverty line, and the terms and conditions are generally unfavourable.

“The challenges are really to do with a dysfunctional labour market, but fortunately, the rise of gig-economy work provides a market solution and a good option for many young people,” he noted.

Williams said conventional economists will advise government interference and training, but he stressed that this will not work.

“Training does not create jobs, it just creates underemployment. The market creates jobs and it should be freed-up to create more jobs especially in gig-economy and freelance work,” he noted.

Research houses expect the local labour market to be resilient and stable, with some expecting improvement within the labour market.

While Maybank IB Research expects the unemployment rate to be stable at 3.4% in 2024, after moderating to 3.4% last year from 3.8% in 2022, both Kenanga Research and TA Research expect a further downtrend.

Kenanga Research, having adjusted its 2024 average unemployment rate estimate from 3.3% to 3.2%, anticipates that the labour market will maintain its robust performance in the near term and throughout 2024.

This expectation is based on the stability in job creation observed in recent months, coupled with the anticipation that the economy will receive additional support from the technology upcycle and China’s gradual economic recovery, particularly in the second half of 2024.

“Alongside continued tourist arrivals and spending, the ongoing progress of multi-year infrastructure projects by the federal government are expected to provide job opportunities,” it explained.

Nevertheless, Kenanga Research said structural issues in the labour market remain a key challenge.

This includes a significant number of youth unemployment, between 15 and 24 years old, standing at 307,200 or 10.6%.

Additionally, it said skill-related underemployment, defined as those with tertiary education and working in the semi-skilled and low-skilled categories, currently stands at 37.4%, reaching a record high of 1.94 million in the final quarter of 2023 (4Q23).

TA Research, meanwhile, believes jobless rate to average at 3.2% this year, with fluctuations between 3.3% and 3.1%.

It said the government is proactively addressing issues such as low pay through the wage progressive model, to enhance the overall well-being of workers.

“Furthermore, as we anticipate a resurgence in the Chinese market and a continuous uptick in domestic demand in Malaysia, the unemployment rate is expected to benefit positively,” it said.

TA Research added that the sustaining economic growth is likely to attract increased foreign direct investment (FDI) into the country.

It anticipates FDI inflow to stimulate business expansion, leading to additional job opportunities.

“The combined effects of government initiatives and the influx of FDI are poised to contribute to a more robust job market, creating favourable conditions for lower unemployment rates and improved overall labour market conditions,” it added.

Similarly, Hong Leong Investment Bank (HLIB) Research said Malaysia’s positive economic momentum that persisted throughout 2023 had increased the need for labour.

As a consequence, it said the number of employed persons steadily improved to keep up with industry demands, and the unemployment rate returned to pre-pandemic levels in November 2023.

“Going forward, we expect the labour market to remain supported by a further increase in tourism activities, the realisation of FDI projects as well as the government’s other job creation initiatives,” HLIB Research noted.

In absolute terms, the number of unemployed persons decreased to 567,800 in December 2023, marking the lowest figure since February 2020 when it was 525,200.

In December 2023, the labour force expanded 0.1% month-on-month albeit at a slower pace compared to the 0.2% in November 2023, with the total labour force reaching a record high of 17.03 million persons.

Saturday 10 February 2024

In the Year of the Dragon, worldwide Chinese and China prospers via hard work

 

Illustration: Chen Xia/GT



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