10,000 workers 'denied right to court hearing' (Malaysiakini)

10,000 workers 'denied right to court hearing'

5:38PM Dec 5, 2012

Labour activists are up in arms over the revelation that over 10,000 workers who were ‘wrongfully dismissed’ between 2001 and 2011, have been denied their right to have their cases determined by the Industrial Court.

Charles Hector, who represents 51 NGOs that endorsed a statement, claimed this has happened because the Human Resources Ministry has refused to refer these cases to court after attempts at conciliation with the employers failed.

 

"Clearly, these are conclusions that should never be made by the minister without considering all evidence of witnesses and documents, and listening to legal submissions, which is best done by the Industrial Court," said Hector. 

"Hence, the minister’s reasons are not acceptable, and he obviously seems to have just accepted explanations of employers over claims of aggrieved workers who have lost their jobs.”

Hector (right), a lawyer by profession, was referring to an Utusan Online report on Oct 23,  which reported that 31,714 cases had failed to be settled via conciliation.

He also referred to Human Resources Minister S Subramanian's statement in Parliament, which cited reasons why 10,016 cases had not been referred to court.

It was claimed that workers were dismissed for misconduct, that businesses were shut down by employers; or that workers were given the opportunity to return to work but had refused to do so.

Other reasons were that workers were laid off when their contract expired, or they had stopped work under a voluntary separation scheme but changed their mind after receiving compensation.

Hector said aggrieved workers whose cases are not referred to court still have the option to apply for judicial review at the High Court.

 

However,  realistically, this will not happen because most workers just do not have the needed resources or the capacity to pursue their case, he noted. 

An application to the High Court involves not only expenses but also the subsequent risk of being ordered to pay costs that could amount to some RM10,000 if the workers do not succeed, he said.

"As such, a decision of the minister not to refer the case to the Industrial Court ends an aggrieved worker’s quest for justice," he explained.

The group called for legislative amendments to ensure that all cases that cannot be resolved amicably are referred, as of right, to the Industrial Court. 

‘Anti-worker indicator’

Former Malaysian Trade Union Congress president Syed Shahir Syed Mohamud said wrongful dismissal is a serious wrongdoing which should be penalised with a deterrent court award. He said an avenue for justice should be available to all classes of workers.

 

"The government sadly places the interests of employers over the interests of workers. The rights of wrongfully dismissed workers have been eroded over the years," he said the same statement.

"The refusal of the minister to refer (to court the) 31.5 percent of wrongful dismissal cases that could not be settled amicably, is yet another anti-worker indicator.”

Syed Shahir, who is a senator, urged the expansion of Industrial Courts nationwide as only five of the 13 states and one of the three federal territories now have such a facility.

"Distance will definitely be more prejudicial to the worker than the employer. There is not just the cost of transportation and accommodation, but also the difficulty of getting witnesses to attend court," he said.

The issue is even worse for migrants workers who do not have access to justice when they are wrongfully dismissed. Their immigration visa/pass is also terminated, preventing them from staying or working legally in Malaysia.

"Even if they have filed a complaint in the Industrial Court, it is immaterial, as they cannot stay in Malaysia. If they do, they risk arrest, detention, whipping and deportation," he added. - Malaysiakini, 5/12/2011, 10,000 workers 'denied right to court hearing'

See related post, the full Joint Statement :-
52 groups fight for rights of wrongfully dismissed workers in Malaysia

AMESU makes it 53 concerned about rights of wrongfully dismissed worker's access to justice

All Malayan Estates Staff Union makes it 53

52 groups fight for rights of wrongfully dismissed workers in Malaysia

Joint Statement 5/12/2012[Now 53]

Remedy against employers that wrongfully dismiss workers is a fundamental right of all workers

- All cases of wrongful dismissal must be referred to the Industrial Court -

We, the 53 undersigned groups, organisations, trade unions and networks are appalled by the revelation that revelation that between the period of 2001 and 2011, that  31.5% or  10,016 of workers in Malaysia who claimed wrongful dismissal, were denied their right to have their cases heard and determined by the Industrial Court, by reason of the Minister of Human Resources refusal to refer these cases after attempts at conciliation with the employer had failed to reach a settlement. (Utusan Online, 23/10/2012, 31,714 kes tuntutan pekerja gagal diselesaikan secara rundingan/ 31,714 cases of workers failed to be settled vide conciliation)

In Malaysia, after workers claiming wrongful dismissal is lodged within sixty (60) days at the Industrial Relations Department(IRD), conciliation meetings are held between employer and worker in an attempt to reach an amicable settlement, and if this fails, the case is referred to the Minister to decide whether the case be referred to the Industrial Court or not. There is no right to be heard before the Minister, and his decision seems only in reliance of the report sent by his officer involved in the conciliation process. During conciliation process, workers are no longer allowed the right to be represented by lawyers by virtue of amendments to the Industrial Relations Act 1967 (IRA) in 1989.

Datuk Seri Dr. S. Subramaniam, the Minister of Human Resources, in parliament also revealed, amongst others, the reasons why the 10,016 cases were not referred to the Industrial Court by the Minister. Amongst others, they were:-

a) Because the worker was dismissed for misconduct;

b) Because the Employer has shut down its business;

c) Because the Worker was given the opportunity to return back to work But refused to come back to work;

d) Because the worker had been terminated because the employment contract had come to an end;

e) Because the worker had voluntarily stopped work under some Voluntary Separation Scheme(VSS), and then changed their mind after receiving payment;

Clearly, these are conclusions that should never be made by the Minister without considering all evidence of witnesses and documents, and listening to legal submissions, which is best done by the Industrial Court. Hence, the Minister’s reasons are not acceptable, and he obviously seemed to have just accepted explanations of employers over claims of aggrieved workers who have lost their jobs.

The aggrieved worker, whose cases are not referred by the Minister to the Industrial Court, still do have the option to apply for Judicial Review at the High Court but realistically, this would not happen because most workers just do not have the needed resources or the capacity. The government revealed recently  that 34% of 1.3 million workers in a government study earn less than RM700, which is below the poverty line income. An application to the High Court involves not only expenses but also the subsequent risk of being ordered to pay cost that could be about RM10,000 if unsuccessful, and as such most workers elect not to apply to High Court. As such, a decision of the Minister not to refer the case to the Industrial Court  ends an aggrieved workers quest for justice.

We call for the amendment of the law, to ensure that all cases that could not be resolved amicably between parties should as of right be referred to the Industrial Court. The now existing step of referring to the Minister who then decides to refer or not a case to the Industrial Court should be removed from the law books.

Wrongfully dismissing a worker without just cause or reason is a grave injustice. When a worker’s employment is wrongfully terminated, it seriously affects the well being, livelihood and financial security of not just the workers but also their families. Obligations to pay monthly amenities bills, car/housing loan repayments, credit card payments and others payments necessary for well being of the family continue irrespective of a  loss of monthly income. 

Wrongful dismissal is a serious wrongdoing by the employer, which need to be penalized with a deterrent award, and the existence of an avenue for justice for workers wrongfully dismissed need to be available for all classes of workers.

Malaysian government sadly places the interest of employers over the interest of workers. Rights of the wrongfully dismissed workers have been eroded over the years.

In 2007, the Industrial Relations Act was amended which had the effect of reducing the entitlement of a worker found to have been wrongfully dismissed by the Industrial Court. The Industrial Court could either order the worker to be reinstated as employee, or alternatively order the employer to pay compensation in lieu of reinstatement being all salary and benefits from the date of wrongful dismissal until the date of judgment, the later being the norm. 

The 2007 amendment limited the compensation award to no more than twenty-four months’ back wages from the date of dismissal, but also limited it to be calculated based on the last-drawn salary of the person who has been dismissed without just cause or excuse hence eliminating the right to salary increments and bonuses which one would have been received had they not been wrongfully dismissed. It also allowed for deductions with reference to post-dismissal earnings of the wrongfully dismissed worker, and ‘contributory misconduct’ on the part of the worker. Worst affected were workers on probation whereby their entitlements were halved, when in Malaysia there is still no law that limits the period a worker can be  kept on probation, which in some cases it may extend to years.

The refusal of the Minister to refer 31.5% of wrongful dismissal cases that could not be settled amicably to court is yet another anti-worker indicator.

Only 5 out of the 13 States and 1 out of the 3 Federal Territories in Malaysia have Industrial Courts. Distance will definitely be more prejudicial to the worker than the employer. There is not just the cost of transportation and accommodation, but also the difficulty of getting witnesses to attend court. There should be Industrial Courts in every State and Federal Territory, and all major towns.

Now, there are moves by the Malaysian government to even completely exclude access to this avenue of justice to certain categories of workers being workers with less than one-year of continuous service, probationers, apprentices, workers in management positions; and also contract workers. The Malaysian government now permits employers to use short-term employment contracts, and most times these contracts do not exceed 12 months. Most recently the ‘contractor for labour system’ or outsourcing workers or ‘contract workers’. If the proposed amendments become law, employers will be happy as wrongfully dismissing most workers will no longer be a problem, and workers lose their right and ability to claim justice.

As it is, most migrant workers effectively do not have access, given the fact that after they be wrongfully dismissed, their immigration visa/pass is also terminated hence disabling them the ability to stay or work legally in Malaysia. Even if they have filed a complaint in the IRD, it is immaterial for they cannot stay on in Malaysia, and if they do they risk arrest, detention, whipping and deportation. 

We call on Malaysia to promote and protect worker rights and welfare, including those of their families.

We call for an amendment of the Industrial Relations Act 1967(IRA) to enable all wrongful dismissal cases that could not be resolved amicable to be referred directly to the Industrial Court. The power of the Minister to decide whether cases are referred to the Industrial Court must be extinguished.

We call for the repeal of the 2007 amendments to the IRA, including Schedule 2, that effectively reduced entitlements of workers who found to have been wrongfully dismissed by the Industrial Court, and further discriminates against workers on ‘probation’. Minimally workers should be entitled to all back-wages without loss of benefits, but justly they should be entitled to maybe double the said amount or an additional sum, which would assist workers cover all the cost, expenses, time and energy loss claiming this rights, and doubling or tripling the award sum would also serve as a deterrent to employers wrongfully dismissing workers. 

 

We call for the making of Directors and principal shareholders to be personally liable, when the Company employer is not able to pay the worker the award sum ordered by the Industrial Court. 

 

We call on the Minister of Human Resources to do the needful to ensure all the said 10,016 workers cases claiming wrongful dismissal be forthwith referred to the Industrial Court to ensure the right to a full trial is given effect.

We also call for the speedy disposal of cases of wrongful dismissal especially in cases where the claimant is a migrant worker, and that until the case is heard and settled in court, provisions be made that migrant workers be accorded the right to stay and work legally in Malaysia.

 

We reject any proposed amendments that will deprive certain classed of workers the right to claim justice in cases of wrongful dismissal. No employer should wrongfully dismiss workers, and all workers even workers on short-term employment contracts or have worked for a short period should have access to avenues of justice, and the right to claim, amongst others, reinstatement and/or compensation in lieu of reinstatement.

 

We also reiterate the call for the Malaysian government to abolish short-term contract employment and the ‘contractor for labour system’/’outsourcing’, and ensure that all workers have the right to regular permanent employment and security of tenure in a direct 2-party employment relationship.

 

Charles Hector

Syed Shahir Bin Syed Mohamud

for and on behalf of 

Aliran

All Malayan Estates Staff Union(AMESU)

Arus Pelangi

Asia Monitor Resource Centre

Burma Campaign Malaysia

CCHR (Cambodian Center for  Human Rights)

Centre for Development Resourses-CENFORD, Vietnam

Clean Clothes Campaign

Community Action Network

Community Development Services (CDS), Sri Lanka

Democratic Party for a New Society (DPNS)

FORLITAN (Forum Peduli Pertanahan Indonesia)

GoodElectronics Network

Hope Community Action Network

Human Rights Ambassador for Salem-News.com

IMPARSIAL The Indonesian Human Rights Monitor

Indonesia for Human's

JERIT (Jaringan Rakyat Tertindas), Malaysia

Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific - (KPPAP)

Kesatuan Sekerja Industri Elektronik Wilayah Selatan

Kilusang Mayo Uno (May First Movement, Philippines)

Knights For Peace, International, Philippines

Legal Resources Center for Gender Justice and Human Rights /LRC-KJHAM

LIPS (Lembaga Informasi Perburuhan Sedane/Sedane Labour Resource Centre)

LPSD (The Law and Policy of Sustainable Development Research Center).

LRC-KJHAM (Legal Resources Center for Gender Justice and Human

Rights) Indonesia

MADPET (Malaysians Against Death Penalty and Torture)

Malaysian Physicians for Social Responsibility

MAP Foundation, Thailand

makeITfair

Mindanao Migrant Center for Empowering Actions, Inc. (MMCEAI)

MIGRANTE International

NAMM (Network of Action for Migrants in Malaysia)

National Union of Bank Employees.(NUBE), Malaysia

National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), Malaysia.

NLD-LA (National League for Democracy-Liberated Areas), Malaysia

Pakistan Rural Workers Social Welfare Organization,(PRWSWO),

Paper Union Of Malaysia

Parti Rakyat Malaysia(PRM)

Pax Romana-ICMICA Asia

Persatuan Sahabat Wanita Selangor

PINAY (Filipino Womens' Oganization in Quebec)

Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS)

Pusat Komunikasi Masyarakat (KOMAS)

Reclasseering Indonesia KOMWIl Provinsi Sumatera Utara

Seafarers Union of Burma/Myanmar (S.U.B)

Seksualiti Merdeka

SUARAM

Tenaganita

Thai Committee for Refugees Foundation (TCR)

WH4C (Workers Hub For Change)

Yaung Chi Oo Workers Association (YCOWA)

Yayasan Lintas Nusa - Batam, Indonesia

52 groups fight for rights of wrongfully dismissed workers in Malaysia

Joint Statement 5/12/2012[Now 52]

Remedy against employers that wrongfully dismiss workers is a fundamental right of all workers

- All cases of wrongful dismissal must be referred to the Industrial Court -

We, the 52 undersigned groups, organisations, trade unions and networks are appalled by the revelation that revelation that between the period of 2001 and 2011, that  31.5% or  10,016 of workers in Malaysia who claimed wrongful dismissal, were denied their right to have their cases heard and determined by the Industrial Court, by reason of the Minister of Human Resources refusal to refer these cases after attempts at conciliation with the employer had failed to reach a settlement. (Utusan Online, 23/10/2012, 31,714 kes tuntutan pekerja gagal diselesaikan secara rundingan/ 31,714 cases of workers failed to be settled vide conciliation)

In Malaysia, after workers claiming wrongful dismissal is lodged within sixty (60) days at the Industrial Relations Department(IRD), conciliation meetings are held between employer and worker in an attempt to reach an amicable settlement, and if this fails, the case is referred to the Minister to decide whether the case be referred to the Industrial Court or not. There is no right to be heard before the Minister, and his decision seems only in reliance of the report sent by his officer involved in the conciliation process. During conciliation process, workers are no longer allowed the right to be represented by lawyers by virtue of amendments to the Industrial Relations Act 1967 (IRA) in 1989.

Datuk Seri Dr. S. Subramaniam, the Minister of Human Resources, in parliament also revealed, amongst others, the reasons why the 10,016 cases were not referred to the Industrial Court by the Minister. Amongst others, they were:-

a) Because the worker was dismissed for misconduct;

b) Because the Employer has shut down its business;

c) Because the Worker was given the opportunity to return back to work But refused to come back to work;

d) Because the worker had been terminated because the employment contract had come to an end;

e) Because the worker had voluntarily stopped work under some Voluntary Separation Scheme(VSS), and then changed their mind after receiving payment;

Clearly, these are conclusions that should never be made by the Minister without considering all evidence of witnesses and documents, and listening to legal submissions, which is best done by the Industrial Court. Hence, the Minister’s reasons are not acceptable, and he obviously seemed to have just accepted explanations of employers over claims of aggrieved workers who have lost their jobs.

The aggrieved worker, whose cases are not referred by the Minister to the Industrial Court, still do have the option to apply for Judicial Review at the High Court but realistically, this would not happen because most workers just do not have the needed resources or the capacity. The government revealed recently  that 34% of 1.3 million workers in a government study earn less than RM700, which is below the poverty line income. An application to the High Court involves not only expenses but also the subsequent risk of being ordered to pay cost that could be about RM10,000 if unsuccessful, and as such most workers elect not to apply to High Court. As such, a decision of the Minister not to refer the case to the Industrial Court  ends an aggrieved workers quest for justice.

We call for the amendment of the law, to ensure that all cases that could not be resolved amicably between parties should as of right be referred to the Industrial Court. The now existing step of referring to the Minister who then decides to refer or not a case to the Industrial Court should be removed from the law books.

Wrongfully dismissing a worker without just cause or reason is a grave injustice. When a worker’s employment is wrongfully terminated, it seriously affects the well being, livelihood and financial security of not just the workers but also their families. Obligations to pay monthly amenities bills, car/housing loan repayments, credit card payments and others payments necessary for well being of the family continue irrespective of a  loss of monthly income. 

Wrongful dismissal is a serious wrongdoing by the employer, which need to be penalized with a deterrent award, and the existence of an avenue for justice for workers wrongfully dismissed need to be available for all classes of workers.

Malaysian government sadly places the interest of employers over the interest of workers. Rights of the wrongfully dismissed workers have been eroded over the years.

In 2007, the Industrial Relations Act was amended which had the effect of reducing the entitlement of a worker found to have been wrongfully dismissed by the Industrial Court. The Industrial Court could either order the worker to be reinstated as employee, or alternatively order the employer to pay compensation in lieu of reinstatement being all salary and benefits from the date of wrongful dismissal until the date of judgment, the later being the norm. 

The 2007 amendment limited the compensation award to no more than twenty-four months’ back wages from the date of dismissal, but also limited it to be calculated based on the last-drawn salary of the person who has been dismissed without just cause or excuse hence eliminating the right to salary increments and bonuses which one would have been received had they not been wrongfully dismissed. It also allowed for deductions with reference to post-dismissal earnings of the wrongfully dismissed worker, and ‘contributory misconduct’ on the part of the worker. Worst affected were workers on probation whereby their entitlements were halved, when in Malaysia there is still no law that limits the period a worker can be  kept on probation, which in some cases it may extend to years.

The refusal of the Minister to refer 31.5% of wrongful dismissal cases that could not be settled amicably to court is yet another anti-worker indicator.

Only 5 out of the 13 States and 1 out of the 3 Federal Territories in Malaysia have Industrial Courts. Distance will definitely be more prejudicial to the worker than the employer. There is not just the cost of transportation and accommodation, but also the difficulty of getting witnesses to attend court. There should be Industrial Courts in every State and Federal Territory, and all major towns.

Now, there are moves by the Malaysian government to even completely exclude access to this avenue of justice to certain categories of workers being workers with less than one-year of continuous service, probationers, apprentices, workers in management positions; and also contract workers. The Malaysian government now permits employers to use short-term employment contracts, and most times these contracts do not exceed 12 months. Most recently the ‘contractor for labour system’ or outsourcing workers or ‘contract workers’. If the proposed amendments become law, employers will be happy as wrongfully dismissing most workers will no longer be a problem, and workers lose their right and ability to claim justice.

As it is, most migrant workers effectively do not have access, given the fact that after they be wrongfully dismissed, their immigration visa/pass is also terminated hence disabling them the ability to stay or work legally in Malaysia. Even if they have filed a complaint in the IRD, it is immaterial for they cannot stay on in Malaysia, and if they do they risk arrest, detention, whipping and deportation. 

We call on Malaysia to promote and protect worker rights and welfare, including those of their families.

We call for an amendment of the Industrial Relations Act 1967(IRA) to enable all wrongful dismissal cases that could not be resolved amicable to be referred directly to the Industrial Court. The power of the Minister to decide whether cases are referred to the Industrial Court must be extinguished.

We call for the repeal of the 2007 amendments to the IRA, including Schedule 2, that effectively reduced entitlements of workers who found to have been wrongfully dismissed by the Industrial Court, and further discriminates against workers on ‘probation’. Minimally workers should be entitled to all back-wages without loss of benefits, but justly they should be entitled to maybe double the said amount or an additional sum, which would assist workers cover all the cost, expenses, time and energy loss claiming this rights, and doubling or tripling the award sum would also serve as a deterrent to employers wrongfully dismissing workers. 

We call for the making of Directors and principal shareholders to be personally liable, when the Company employer is not able to pay the worker the award sum ordered by the Industrial Court. 

We call on the Minister of Human Resources to do the needful to ensure all the said 10,016 workers cases claiming wrongful dismissal be forthwith referred to the Industrial Court to ensure the right to a full trial is given effect.

We also call for the speedy disposal of cases of wrongful dismissal especially in cases where the claimant is a migrant worker, and that until the case is heard and settled in court, provisions be made that migrant workers be accorded the right to stay and work legally in Malaysia.

We reject any proposed amendments that will deprive certain classed of workers the right to claim justice in cases of wrongful dismissal. No employer should wrongfully dismiss workers, and all workers even workers on short-term employment contracts or have worked for a short period should have access to avenues of justice, and the right to claim, amongst others, reinstatement and/or compensation in lieu of reinstatement.

We also reiterate the call for the Malaysian government to abolish short-term contract employment and the ‘contractor for labour system’/’outsourcing’, and ensure that all workers have the right to regular permanent employment and security of tenure in a direct 2-party employment relationship.

Charles Hector

Syed Shahir Bin Syed Mohamud

for and on behalf of

Aliran

Arus Pelangi

Asia Monitor Resource Centre

Burma Campaign Malaysia

CCHR (Cambodian Center for  Human Rights)

Centre for Development Resourses-CENFORD, Vietnam

Clean Clothes Campaign

Community Action Network

Community Development Services (CDS), Sri Lanka

Democratic Party for a New Society (DPNS)

FORLITAN (Forum Peduli Pertanahan Indonesia)

GoodElectronics Network

Hope Community Action Network

Human Rights Ambassador for Salem-News.com

IMPARSIAL The Indonesian Human Rights Monitor

Indonesia for Human's

JERIT (Jaringan Rakyat Tertindas), Malaysia

Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific - (KPPAP)

Kesatuan Sekerja Industri Elektronik Wilayah Selatan

Kilusang Mayo Uno (May First Movement, Philippines)

Knights For Peace, International, Philippines

Legal Resources Center for Gender Justice and Human Rights /LRC-KJHAM

LIPS (Lembaga Informasi Perburuhan Sedane/Sedane Labour Resource Centre)

LPSD (The Law and Policy of Sustainable Development Research Center).

LRC-KJHAM (Legal Resources Center for Gender Justice and Human

Rights) Indonesia

MADPET (Malaysians Against Death Penalty and Torture)

Malaysian Physicians for Social Responsibility

MAP Foundation, Thailand

makeITfair

Mindanao Migrant Center for Empowering Actions, Inc. (MMCEAI)

MIGRANTE International

NAMM (Network of Action for Migrants in Malaysia)

National Union of Bank Employees.(NUBE), Malaysia

National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), Malaysia.

NLD-LA (National League for Democracy-Liberated Areas), Malaysia

Pakistan Rural Workers Social Welfare Organization,(PRWSWO),

Paper Union Of Malaysia

Parti Rakyat Malaysia(PRM)

Pax Romana-ICMICA Asia

Persatuan Sahabat Wanita Selangor

PINAY (Filipino Womens' Oganization in Quebec)

Persatuan Masyarakat Selangor dan Wilayah Persekutuan (PERMAS)

Pusat Komunikasi Masyarakat (KOMAS)

Reclasseering Indonesia KOMWIl Provinsi Sumatera Utara

Seafarers Union of Burma/Myanmar (S.U.B)

Seksualiti Merdeka

SUARAM

Tenaganita

Thai Committee for Refugees Foundation (TCR)

WH4C (Workers Hub For Change)

Yaung Chi Oo Workers Association (YCOWA)

Yayasan Lintas Nusa - Batam, Indonesia

AEPF says no to 'outsourcing' and short-term contracts

 

What was interesting was the outcome of the workshop entitled "Combating Erosion of Worker and Trade Union Rights'', which was attended by about 80-100 participants, who did at the end of the 3 1/2 hour program on the 18th afternoon come up with recommendations, all of which were discussed and adopted unanimously. (See below)

The call was for the abolition of outsourcing [i.e. the contractor for labour system], and short-term employment contract..

 

Regular employment with security of tenure until retirement

 

2-party employment relationships between principals or owners of workplaces as employers, and workers that work in the said workplaces as employees of the said principals and owners. 

 

  

9th Asia-Europe People’s Forum

“People’s Solidarity against Poverty and for Sustainable Development: Challenging Unjust and Unequal Development, Building States of Citizens for Citizens”

Vientiane, Laos, 16-19 October, 2012

Conclusions/Recommendations from the participants of the Combating Erosion of Worker and Trade Union Rights Workshop, that took place at 2pm, 18/10/2012

A. Employment and Employment Relationship

1. Ensure that workers have the right to regular employment with security of tenure until retirement.

2. Abolish short-term or fixed duration employment contracts, and if still needed in exceptional situation should be limited in its use.

3. Ensure 2-party employment relationships between principals or owners of workplaces as employers, and workers that work in the said workplaces as employees of the said principals and owners.

4. Labour suppliers, contractors for labour or labour outsourcing companies should never be employers of workers.

5. Abolish manpower/labour outsourcing and all forms of triangular employment relationships/ arrangements.


B. Worker Rights & Access To Justice

1. Ensure that all worker rights are respected, including rights of access to avenues of justice, social security, healthcare, compliance with occupational health and safety standards and decent work. 

2. Migrant workers shall be allowed to work and stay legally until their complaints and claims are finally adjudicated and settled.

3. All workers, irrespective of their nationality or legal status, shall have the right to labour rights, including a right to form and/or join trade unions and collective bargaining, consistent with the international core labour standards.

C. Recommendation about UN/Regional Standards and Instruments
1. In cases of rights abuse, human rights defenders, including CSR/TNC compliance monitoring bodies, should issue alerts, lobby companies and governments, raise awareness among the general population and support workers who want to fight for their rights.

2. Trade unions and CSR/TNC monitoring bodies should inform the workers of codes of conduct of companies and their supply chain, as well as relevant government policies.

3. Trade unions and CSR/TNC monitoring bodies should lobby the governments to ensure that trade agreements include guarantees for labour conditions and rights of workersใ

4. CSOs in countries where the production is based and where the investment is coming from to strengthen their collaboration.

5. Trade unions and CSR/ TNC monitoring bodies should connect workers and their representatives with the global movement, including AEPF. 

D. Recommendation about Trade Unions

1. When governments and/or ASEM have discussions/engagements with Investors, Trade Union must always be part of the process.

2. Trade unions must be included in law and decision making processes at the national regional and international levels.

3. Stronger collaboration between trade unions across sectors and regions is needed, and a strong transnational network of trade unions should be developed.

4. Trade unions of countries of origin and destination countries of migrant workers shall collaborate to ensure protection of the rights of migrant workers. Portable trade union membership shall be promoted.

5. Trade unions shall strengthen their role in monitoring labour law enforcement and CSR compliance.

This workshop was organized by Workers Hub For Change(WH4C), Network of Action for Migrants in Malaysia (NAMM), MAP Foundation, Mekong Migration Network (MMN), Clean Clothes Campaign(CCC), GoodElectronics Network and Asia Pacific Forum  On Women Law and Development(APWLD)

The recommendations/position of this workshop was included in the Final Statement of AEPF, that have been handed over to the relevant Minister of Laos, who has given his assurance that this statement will be handed over and hopefully considered by the leaders of the European and Asian nations that will be meeting in a few days time.

Electronics Industry Workers' Union (Southern Region) successfully campaign to secure union rights at ST Microelectronics in Muar, Malaysia

The first recognized electronic union in Malaysia

January 27, 2011

Malaysian electronics workers secure union rights

The newly formed Electronics Industry Workers' Union (Southern Region) successfully campaign to secure union rights at ST Microelectronics in Muar, Malaysia

 

MALAYSIA: January 27, 2011 was a victorious day in the long struggle of the Malaysian electronics workers to join a union of their choice. An historic milestone was reached when ST Microelectronics workers, a majority of them women workers, voted in favour to join the newly formed Electronics Industry Workers' Union (Southern Region). 

The journey to this struggle started on the August 2, 2010, when the union served claim for recognition at this electronics transnational corporation (TNC) which is located in the coastal town of Muar, where many other electronics TNCs have established manufacturing operation for a long time.

The management, instead of recognizing the union, sought to challenge its membership status. In the pending period the management resorted to all forms of anti-union tactics, including attempts to register a company controlled in-house union.

With concerted assistance from the International Metalworkers' Federation, the union foiled the company's attempts, thus paving the way for the workers to vote for union representation. Out of a workforce of about 2700 workers, slightly more than 1700 turned up to vote, with the union succeeding in securing 57 per cent of votes in favour of the union.

IMF General Secretary Jyrki Raina wrote  to the CEO of this company and received an assurance that the company would respect local labour laws and practices and ensure workers' rights are respected.

On the morning of the balloting, the police and local authorities attempted to disrupt the union from gathering outside the factory where balloting was conducted by the Ministry of Human Resources. IMF Regional Representative Arunasalam intervened and met the company's Human Resources Director, and following that the pressure from the police and local authorities reduced.

The results of the balloting were announced at 12:30am on January 28 and the union leaders who had waited since early morning hugged each other and jumped in joy. Mohd Salleh, the main coordinator of the union, expressed thanks and appreciation to the IMF for assisting in securing trade union rights in this company. He said that without IMF's assistance the union could have faced severe setbacks in its quest to represent the workers. He stressed, that since majority of the workers have voted in favour of the union, the company should recognise the union without any further delay.Jan 31, 2011 – P. Arunasalam

Source: IMF(International Metalworkers Federation) Website