MEMORANDUM CALLING FOR AN END OF ALL FORMS OF UNION BUSTING AND VIOLATION OF WORKER RIGHTS
A disturbing ‘UNION BUSTING’
trend is immerging, whereby employers have been terminating, suspending
and taking disciplinary actions against TRADE UNION leaders and
members, and workers involved in legitimate TRADE UNION and worker
activities.
1. For picketing in front of Keretapi
Tanah Melayu Berhad (KTMB) on the issue of worker future welfare and
rights, which the Union saw as being impeded by the current President of
KTMB, KTMB terminated the Railway Union Malaysia (RUM) President (Abdul
Razak Md Hassan), Vice President (R. Subramaniam), 41 others and
suspended 27 others union members that participated in the said picket.
2. For the issuance of a media
statement as the President of the National Union of Flight Attendants
Malaysia (NUFAM), Ismail Nasaruddin was terminated by Malaysian Airlines
Systems Berhad (MAS) by reason that it is misconduct for an employee to
issue a Statement. NUFAM Secretary General (Mohd Akram Osman) and 5
union members have also been terminated for union activities.
3. For the National Union of Bank
Employees (NUBE) activities, Vice-President (Abdul Jamil Jalaludeen) and
Treasurer General (Chen Ka Fatt) was terminated by bank management.
4. For someone else being raised issues
about worker injustices in a closed Facebook group of union members,
the President of Electronic Industry Employees Union Western Region,
Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik
Wilayah Barat Semenjung Malaysia (KSIEWBSM), Wan Noorulazhar bin Mohd
Hanafiah was terminated by RENESAS.
5. For the submission of a Malaysian
Trades Union Congress (MTUC) memorandum to candidate contesting in the
General Elections to get commitment to worker rights, 18 union members
from National Union of Transport Equipment and Allied Industries
Workers/ Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat
Pengangkutan dan Sekutu (NUTEAIW) were terminated in DRB HICOM
subsidiaries in Pekan, Pahang including the MTUC Pahang Chairman Rusaini
Ramli.
6. For issuance of a media statement as
a President of National Union of Journalist (NUJ), Mohamed Hatta
Wahari, Deputy President and Branch Chairman Amran Ahmad and Deputy
Secretary Norazri Abdul Rahman was terminated by Utusan Melayu (M) Bhd.
7. President and 16 Union leaders and
workers of Kesatuan Kakitangan Pekerja-Pekerja Westport (M) Sdn Bhd was
terminated for union activities.
8. For picketing in front of Ansell NP
Sdn.Bhd, Malacca on the issue of worker welfare and rights, Ansell NP
Sdn. Bhd terminated the Branch Deputy Chairman (NUECMRP) and 9 union
members that participated in the said picket.
The above, are some of the cases in
which workers have been terminated, and/or disciplined by reason of
their involvement in union activities.
The Industrial Relations Act 1967,
section 5 – Prohibition on employers and their trade unions in respect
of certain acts’ provides that ‘…(1) No employer or trade
union of employers, and no person action on behalf of an employer or
such trade union shall-(a) impose any condition in a contract of
employment seeking to restrain the right of a person who is a party to
the contract to join a trade union, or to continue his membership in a
trade union;(b) refuse to employ any person on the ground that he is or
is not a member or an officer of a trade union;(c) discriminate against
any person in regard to employment, promotion, any condition of
employment or working conditions on the ground that he is or is not a
member or officer of a trade union;(d) dismiss or threaten to dismiss a
workman, injure or threaten to injure him in his employment or alter or
threaten to alter his position to his prejudice by reason that the
workman- (i) is or proposes to become, or seeks to persuade any other
person to become, a member or officer of a trade union; or (ii)
participates in the promotion, formation or activities of a trade union;
or (e) induce a person to refrain from becoming or to cease to be a
member or officer of a trade union by conferring or offering to confer
any advantage on or by procuring or offering to procure any advantage
for any person….’ is the particular provision now
available to protect termination, disciplinary action and/or
discrimination against union members but is found to be insufficient.
The government talks about industrial
harmony, and promotes the usage of complaint mechanisms but a great
injustice happens because business and employers continue unaffected
making profits, whilst the wrongfully dismissed workers is left to
languish without employment and income which affects the welfare and
wellbeing of workers and their families. The process of resolving
wrongful dismissal cases take years to resolve, and at the end of the
day majority of the workers do not even get reinstated.
Union registration and recognition
takes too long, and is further delayed by employers making judicial
review applications and appeals to the courts. This delay, which can
last many years, deprives workers of their right to an fully functional
TRADE UNION and the benefits of a Collective Agreement.
What is most disturbing is some of these ‘UNION BUSTING’ actions are being committed by Malaysian government owned or linked companies like KTMB, MAS, WESTPORT and DRB-HICOM.
THEREFORE, WE CALL ON SUHAKAM, MALAYSIAN BAR AND ALL HUMAN RIGHTS GROUPS TO JOIN US IN CALLING ON THE GOVERNMENT OF MALAYSIA TO:
1. End of all forms of UNION BUSTING, and for the respect and promotion of all worker rights.
2. More effective legislations that
will prevent employers from ‘UNION BUSTING’, termination or taking
disciplinary actions against union leaders and union members for union
activities. employers must be prevented from using union activities, or
legitimate actions of workers promoting worker rights, and struggling
against injustice into employment misconducts.
3. Employment misconducts need to be
strictly confined to misconducts related to workplace, and not used to
prevent union and worker activities, standing up against injustice and
worker right violations, or the promotion of rights for workers.
4. Reinstate all union leaders and
members who have been terminated, and cease all suspension and
disciplinary proceedings against workers by reason of their union
activities;
5. Expedite the process of registration and recognition of trade unions;
6. Expedite the process of resolving trade disputes and wrongful dismissal cases;
7. End all forms of UNION BUSTING activities.
MTUC SELANGOR & WILAYAH PERSEKUTUAN DIVISION
Source: MTUC Website
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