A Comparative Analysis of the Sufficiency of Employment Law Frameworks in Protecting Women Employees’ Equal Pay Rights in Malaysia and the United Kingdom

Abstract

This paper assesses how adequately employment legal frameworks in Malaysia safeguard the equal pay rights of female employees in the country by comparing Malaysia to a country such as the United Kingdom. It examines the Employment Act 1955 (as amended) alongside the equality guarantees under the Malaysian Federal Constitution to determine whether these legal frameworks provide adequate protection against wage discrimination and unequal remuneration. Comparatively, the Equality Act 2010 of the United Kingdom is assessed as a more advanced framework governing discrimination and offering an opportunity to regulate equality in the workplace. The study employs the method of socio-legal research in a qualitative framework with the help of doctrinal analysis. The semi-structured interviews conducted on purposely chosen respondents who are representatives of NGOs, legal practice, academia, and industrial relations administration were used to gather primary data. Secondary sources consist of legislation, scholarly sources, policy files and reports. The paper also finds that the Malaysian framework is still weak because of definitional loopholes and enforcement vices, as well as cultural structural constraints. In contrast, the UK framework is clear and enforceable. The results advocate the reform strategies in Malaysia, such as better articulation of the rights to equal pay, and more effective enforcement mechanisms in the legislative framework.