Wednesday, January 16, 2013

The Minimum Wages Order 2012

MANY puzzles and unhappiness were resulted from the just implemented Minimum Wages Order in Malaysia where general workers must be paid a minimum wage of RM900 in Semananjong and RM800 in Sabah.

The employers and the employees are faced with the many problems and the immense implications are building up. Information and feed back from the ground is definitely hurting to many people affected by this new guideline.
According to the people who made comments to the KK MP Hiew King Cheu saying that many workers were asked to leave their jobs due to their employers couldn’t afford any more to pay higher wages which is due to the constrain on their operating overheads and the prevailing business atmosphere affected by the current slowed down economic situation.

Hiew anyhow commented that he felt very concern, and would like to see a win-win situation whereby the employers and employees are being benefited and not being affected. Any one side being affected is not a good thing.

He said this can only be done through by uplifting the economic situation in Sabah and in Malaysia as a whole, whereby the employers are able to gain reasonable profits and sustainable to provide higher wages to the workers.

Therefore, to implement this Minimum Wages Order, the government must foremost to improve the economic situation in the country. For example, Indonesia had achieved current vibrant economy, and now they can afford to implement their minimum wages to their workers.

Many employers had negotiated and resorted to change the method to pay their workers by switching to “daily pay” to avoid to be penalized by the particular Minimum Wages Act, but most of them did not know the government had moved on step faster than them.

Surprisingly, there is a new ruling and guideline set by the Ministry of Human Resources and the National Wages Consultative Council called the “Guidelines on the Implementation of the Minimum Wages Order 2012” published on the 6th of September, 2012 specially mentioned the issue on ‘Daily Rated Employees’.

The daily minimum wages rates for Sabah, Sarawak and Federal Territory of Labuan are as follows:-
This is really unworkable because the daily paid workers will definitely choose to work only for 4 days with the same pay with less days of work. We don’t see the logic behind this formulation, and surely the employers will suffer more deeply.

This has to be reviewed immediately and we can not do thins according to arithmetic and plan calculation of figures. The employment policies are not game plays, but can affect the people seriously. The Consultative must revise the guidelines to be more practical in order not to create more confusion and inconveniences to the employers and employees.

-Sabahkini

98 comments:
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  1. There are pros and cons to the minimum wage order.

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  2. The pros, all employees will get fair wages for their work.

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  3. The cons, employers will have a more difficult time to implement the minimum wage policy.

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  4. Hope that a win-win situation will present itself so that this minimum wage can benefit all sides.

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  5. Perhaps the government could reconsider the structure of the policy.

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  6. Whenever a landmark policy is implemented, it will never satisfy all vested interests. There will always be someone to complain against any change in the status quo, but the importance of government policy is judged by what it achieves.

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  7. Take the national minimum wage, the first ever in Malaysia. This will benefit about 3.2 million low-income workers in Malaysia, by ensuring they receive a basic salary per month.

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  8. Minister Datuk Seri Najib Razak announced a minimum wage of RM900 per month (or RM4.33 per hour) for workers in Peninsula Malaysia, and RM800 per month (or RM3.85 an hour) for those in Sabah, Sarawak and the Labuan Federal Territory.

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  9. He said the minimum wage would cover workers in all sectors of the economy, except domestic staff such as maids and gardeners.

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  10. Yet the Opposition's reaction has been surprisingly anti-worker. DAP secretary general Lim Guan Eng claimed the minimum wage "will not bring about a higher standard of living nor economic growth but may instead bring about inflation."

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  11. His comments parrot the line taken by businesses. Some employers claimed the minimum wage would force some businesses to collapse and cause unemployment and inflation to soar.

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  12. Malaysian Employers' Federation director Shamsuddin Bardan claimed 98 per cent of Malaysian businesses are small and medium-sized, and would be hit by the new rates.

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  13. "The 900 ringgit level is too high for those in small towns and remote villages. It will be a challenge for them to implement. Similarly for Sabah and Sarawak, wages will rise by 40 to 90 per cent," he said.

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  14. However, the Government has provided an implementation mechanism so that the minimum wage would not burden employers.

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  15. For instance, the policy would allow part of allowances or fix cash payments to be taken into account when calculating the wages.

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  16. The national minimum wage will come into effect in six months. As a concession to micro enterprises – businesses employing five workers or less – Najib said they had one year to implement the new wage structure.

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  17. "Sufficient time is given to allow employers to restructure their business operations as well as the workers' salaries," the Prime Minister pointed out.

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  18. "The government also allows a flexible implementation mechanism so that employers who are genuinely unable to implement the minimum wage policy can apply for an extension of the transition period," he added.

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  19. Meanwhile, Pakatan Rakyat has appeared confused in its response. In the same speech where Guan Eng criticised the minimum wage policy, he also pledged to somehow implement a minimum wage of RM1,100 per month if the Opposition came to power!

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  20. How would that rate be received by Malaysian businesses, one wonders? The DAP's formula would certainly lead to high inflation and adversely impact the economy.

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  21. In contrast, Najib pointed out that a balance was needed between workers' rights and competitive costs for businesses.

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  22. "If the minimum wage is set at higher than RM900, this is expected to affect the economy, the labour market and the inflow of foreign investments.

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  23. "If this happens, the industry cannot operate properly and many workers will lose their jobs. The government cannot allow this to happen because it will be detrimental to the welfare of the workers as well as to the nation's interest," he said.

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  24. Najib said the Government hoped, within the next two or three years, to be able to bring the minimum wage rates in Sabah and Sarawak to the same level as that of the Peninsular Malaysia.

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  25. He stressed that the minimum wage would not remain static, and would be reviewed regularly, based on factors such as country's productivity and competitiveness.

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  26. "The introduction of the minimum wage is a historic moment for Malaysia. The lowest-paid will now be guaranteed an income that lifts them out of poverty and helps ensure that they can meet the rising cost of living," Najib said.

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  27. In carrying out its promise on implementing a minimum wage, the Government has balanced the needs of small employers to keep costs down with the larger need of workers to maintain a decent standard of living. This landmark policy will therefore make a real difference to the lives of millions of hard-working Malaysians.

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  28. Politicians should not politicise the implementation of the minimum wage for their own personal agenda, said Deputy Chief Minister Datuk Dr Yee Moh Chai.

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  29. Yee, who also the Minister of Resource Development and Information Technology, was commenting on the statement made by Sabah DAP publicity secretary Chan Foong Hin in a Chinese daily newspaper recently, saying the minimum wage of RM800 is a sudden burden to the employers in Sabah.

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  30. “It is very sad and disappointing that politicians are still trying to politicize the issue of the minimum wage. In fact today we saw one DAP politician making very sarcastic comments, saying that the government does not know what is going on.

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  31. “This particular individual from Tawau was trying to teach a duck how to swim. I think he is the one who previously said that the government did not look at the experience of the other countries, from United Nations…,” he said to reporters after attending the grand opening ceremony of Lintas View Hotel at Lintas Station Complex yesterday.

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  32. Yee stressed that this particular politician (Chan) should go back to school and do his homework before he made such statement, which Yee referred as a ‘silly statement’.

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  33. “In fact, the government over the past many years has already looked at all the figures, all the experience from United Nations and World Bank and also from the other countries and the region. The government also had consultations with other stakeholders, employers and employees, only then they arrived with such figures.

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  34. “It is very sad that the issue of minimum wage is being used as a political football by politicians who have got their own personal agenda. We do not like to see a very important issue of minimum wage being used by politicians as their political football when the government is trying to implement a fair policy,” said Yee, adding that the government fully understands that employers are now facing new challenges.

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  35. He added the opposition said there are many foreign workers throughout the nation, but at the same time they (the opposition) want to make an excuse saying that this minimum wage should not apply to the foreigners.

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  36. Penetapan kadar gaji minimum pekerja swasta perlu diterima dan bukan dipolitikkan kerana ia diasaskan oleh mereka yang pakar dalam bidang ekonomi, bukannya ahli politik, kata Menteri Sumber Manusia, Datuk Seri Dr S. Subramaniam.

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  37. "Kadar gaji minimum ini bukan diwujudkan oleh pihak politik tetapi diasaskan menerusi input Jawatankuasa Teknikal Majlis Perundingan Gaji Negara (MPGN) iaitu penyelaras-penyelaras ekonomi serta Bank Dunia yang telah membuat kajian mendalam sebelum kadar itu diterima oleh majlis-majlis yang diwakili para majikan dan pekerja," katanya.

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  38. Menurutnya sebelum kadar itu ditetapkan, pihak majikan dan pekerja mempunyai pandangan yang berbeza namun setelah mengambil kira semua perkara ke dalam perbincangan bersama maka akhirnya kadar itu dipersetujui.

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  39. "Memang majikan mahu kadar yang lebih rendah manakala pekerja mahu kadar yang lebih tinggi, ada pihak yang cakap kadar perlu lebih RM1,200 atau RM1,300 tetapi kalau mengikut kajian yang dibuat, kalau lebih RM1,000 maka implikasi kepada ekonomi kita teruk dan kesan negatif lain seperti meningkatkan pengangguran.

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  40. "Tetapi setelah semua pihak berbincang tentang perkara ini maka satu persetujuan telah dicapai iaitu dengan kadar tersebut yang dianggap munasabah dan tidak memberikan implikasi negatif kepada ekonomi," katanya.

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  41. Subramaniam berkata dua perkara utama yang diambil kira oleh Jawatankuasa Teknikal MPGN dalam kajian berhubung kadar gaji minimum ialah dari segi indeks garis kemiskinan dan gaji penengah.

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  42. Menurutnya kajian juga dibuat bersandarkan kepada tiga faktor lain iaitu Indeks Harga Pengguna (CPI) yang merujuk kepada kos kehidupan semasa, aspek produktiviti dan kadar pengangguran.

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  43. "Sebelum kadar RM800 ditetapkan di Sabah dan Sarawak, wakil-wakil majikan di kedua-dua negeri itu meminta gaji minimum sebanyak RM700 tetapi ia di bawah paras garis kemiskinan iaitu RM800 jadi kita tetapkan kadar di kedua-dua negeri itu RM800, kalau lebih RM800 industri kecil dan sederhana pula tidak mampu dan akan menyebabkan mereka kerugian," katanya.

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  44. Beliau bagaimanapun berkata kadar gaji minimum di Sabah dan Sarawak itu akan diselaraskan dengan kadar gaji di Semenanjung selepas ekonomi di sana semakin meningkat pada masa akan datang.

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  45. Subramaniam berkata dia tidak menolak kemungkinan kadar gaji minumum swasta ini akan dipolitikkan oleh pihak-pihak tertentu yang mengambil kesempatan menangguk di air keruh terutamanya pada musim menjelang pilihan raya umum.

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  46. "Perkara ini akan dipolitikkan oleh pihak-pihak tertentu, kalau ada orang tidak bertanggungjawab cakap RM1,500 sepatutnya kadar miminum, saya cabar mereka buat di kawasan masing-masing, saya yakin mesti tutup kilang kerana mereka keluarkan kenyataan ini hanya untuk kepentingan politik," katanya.

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  47. This will provide more job opportunities for those who are jobless.

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  48. The policy needs to be considered to be at the favour of all.

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  49. I will say the importance of this policy is what it achieves and develops afterwards.

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  50. I can see a brighter future in this for all workers.

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  51. The employers need not to worry as it will benefit them as well.

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  52. Bagi saya, mustahil juga bos2 besar tidak mampu kasi RM800 basic ba.

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  53. Some of them scared most of their profits go to the workers.

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  54. Apa pun fikir la untuk pekerja anda.

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  55. I dont think this policy will cause more shops to close down.

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  56. In fact, this will retain more of your long period workers.

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  57. Now more foreign workers nationwide are expected to lose their jobs at petrol stations

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  58. Bikin masalah sesetengah pihak ni.

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  59. I personally think this policy is good.

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  60. As long as we follow the rules, wont happen anything.

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  61. Pasti beban akan jatuh ke atas rakyat sendiri.

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  62. Polisi ini harus dilaksanakan secara berperingkat. Kini bukan masa yang bijak sebenarnya.

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  63. Sudah pasti harga barangan akan melambung.

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  64. Pekerja asing juga menikmati benefit yang lebih baik dari pekerja tempatan.

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  65. Politicians should not politicise the implementation of the minimum wage for their own personal agenda

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  66. It is very sad and disappointing that politicians are still trying to politicize the issue of the minimum wage

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  67. In fact today we saw one DAP politician making very sarcastic comments, saying that the government does not know what is going on

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  68. the government over the past many years has already looked at all the figures, all the experience from United Nations and World Bank and also from the other countries and the region.

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  69. The government also had consultations with other stakeholders, employers and employees, only then they arrived with such figures

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  70. It is very sad that the issue of minimum wage is being used as a political football by politicians who have got their own personal agenda

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  71. We do not like to see a very important issue of minimum wage being used by politicians as their political football when the government is trying to implement a fair policy

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  72. these politicians are not looking at the importance of the livelihood of the employees and employers as they are purely using this minimum wage as a sarcastic political football

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  73. There will be a large increase of the foreigners in town, and then they (the opposition) will make the noise again, saying we made the wrong decision again

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  74. Walaupun ada pihak yang menganggap langkah melaksanakan gaji minimum boleh menyebabkan negara muflis kerana terpaksa membayar lebih untuk kerja yang kurang selain cuti umum yang terlalu boleh menjejaskan produktiviti negara.

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  75. kerajaan tetap komited untuk melaksankannya setelah mengambil kira semua aspek daripada segenap sudut.

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  76. Sebaliknya kerajaan menganggap penetapan gaji minimum tidak akan mendatangkan sebarang masalah jauh sekali boleh menyebabkan negara muflis sebaliknya ia dilihat sebagai pemangkin kepada golongan pekerja untuk meningkatkan lagi produktiviti masing-masing.

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  77. Tambahan pula kerajaan tidak mengambil mudah dalam melaksanakannya dan untuk memastikan ia berkesan dan mampu menyumbang sesuatu kepada produktiviti dan ekonomi negara, pelbagai kajian dijalankan termasuk mendapatkan cadangan dan maklum balas daripada banyak pihak

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  78. Ketika ini lebih 80 buah negara sudah pun melaksanakan penetapan gaji minimum dan pelaksanaannya tidak menimbulkan sebarang masalah kepada pertumbuhan ekonomi dan produktiviti sebaliknya ia dilihat sebagai satu perkara positif untuk membangunkan sektor ekonomi.

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  79. Di kalangan negara-negara Asia, Singapura, Jepun dan Taiwan sudah lama melaksanakannya dan pelaksanaannya sama sekali tidak menjejaskan produktiviti negara terbabit.

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  80. Dan jika ingin dibuat perbandingan dengan ketiga-tiga negara terbabit, struktur gaji di negara ini adalah jauh lebih rendah.

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  81. Selari dengan hasrat Malaysia untuk menjadi sebuah negara maju berpendapatan tinggi menjelang 2020, sudah sampai masanya kerajaan mengambil pendekatan tersebut.

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  82. Tambahan pula dalam melaksanakannya, kerajaan mempunyai strategi tersendiri dan pelaksanaannya diyakini tidak akan memberi kesan kepada ekonomi negara.

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  83. Harga barang semakin naik, di harapkan kerajaan dapat mengkaji semula struktur gaji di Negara kita.

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  84. Banyak aspek perlu di ambil kira.

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  85. Ada kebaikan dan keburukan juga dalam hal ini, perkara ini perlu di kaji semula dan kerajaan pasti ada jalan penyelesaiannya.

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  86. Major restaurants will not be impacted much by the implementation of the minimum wage policy as it was a matter of restructuring the service charge into employees’ wages.

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  87. However, Lim said some restaurants omit service charges to attract customers with cheaper prices.

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  88. President of Sabah Restaurants Fellowship Association Kapitan Lim Vun Chan said restaurants which include service charge could use part of their service charges to restructure their employees’ wages to make it up to RM 800.

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  89. When the minimum wage was announced, these restaurants which did not include service charges found themselves without the money to restructure the wages, he said.

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  90. “Smaller restaurants could charge three, four to five per cent, but they did not do so and now they find that they have no money to restructure the wages.”

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  91. Lim advised restaurants to include service charge in their bills as it would lessen the impact of minimum wage.

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  92. The implementation of the minimum wage would also impact coffee shops that did not charge for their services, Lim pointed out.

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  93. There are around 100 members registered under Sabah Restaurants Fellowship Association.

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  94. Lim, who is also the chief executive officer of Port View Seafood Village Sdn Bhd, said the restaurant would not raise the price of its food at the moment.

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  95. However, he explained that there are other industries that could not restructure their employees’ wages using service charge, thus these industries would have to increase the price of their products and services.

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  96. In three to five months, Lim said the price of products would increase due to increase in cost of raw materials.

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  97. Currently Port View Seafood Village Sdn Bhd employs around 100 workers and the implementation of minimum wage would translate to a few more thousand ringgit of expenses a month, he said.

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