MTUC says lost confidence in minister Subramaniam, wants Najib to intervene

Erosion of worker and trade union rights in Malaysia is done by the Barisan Nasional government, under the leadership of PM Najib. It is the PM who has absolute power in who he choses to be in his cabinet and who he makes Minister, so to just blame the Minister, and not the PM and the government is odd. In Malaysia, I believe no Act will be tabled, or policy made without the full blessing and approval of the Prime Minister. A loss of confidence in a Minister as such is a loss of confidence on the PM and the ruling BN government.

Let's not forget the BN MPs and Senators, who supported the amendment and no one came out with even a personal differing view.

MTUC says lost confidence in minister, wants Najib to intervene

By Farhan Darwis

February 28, 2012

SUBANG JAYA, Feb 28 — The Malaysian Trades Union Congress (MTUC) said today it had lost confidence in the human resource minister, and urged Prime Minister Datuk Seri Najib Razak to intervene over controversial labour law amendments it claims will bring back slavery.

MTUC said today it had no confidence in the ability of Datuk Seri S. Subramaniam (picture) to handle their complaints over changes to the Employment Act 1955. The changes to the law will see official recognition for third-party labour providers.

Last October, the Dewan Rakyat passed the contentious amendments to the law, which MTUC claimed would “bring back slavery” and erode protection for workers as employers will no longer be directly responsible for the welfare of their employees.

The MTUC had previously warned Najib that the votes of 5.7 million workers “could decide matters” in a general election.

MTUC president Khalid Atan told reporters today at its headquarters here that it appeared as if Subramaniam saw this problem as petty and was not serious in finding a solution.

“MTUC announced that we have lost confidence in the leadership of the minister who does not take employees’ problems seriously.

“So, MTUC has come together to set up an action committee to organise an assembly as a protest against the minister,” he said.

According to Khalid, if the employees’ future was not protected the union would eventually lose its purpose.

“We have already protested but it is as if the government does not care about the union’s complaints. In fact, we have repeatedly sent letters to Prime Minister Datuk Seri Najib Razak but no action has been taken until today.

“MTUC wants the prime minister to listen to the union’s complaints, not sideline employees as if they do not exist; if you can listen to others, entertain them, why not to MTUC?” he asked. - Malaysian Insider, 28/2/2012, MTUC says lost confidence in minister, wants Najib to intervene

MTUC ‘lost confidence in Dr Subra’

G Vinod | February 28, 2012

The union now wants the prime minister to resolve all matters affecting workers.

PETALING JAYA: The Malaysian Trade Union Congress (MTUC) today declared that it has lost confidence in Human Resources Minister Dr S Subramaniam.

The MTUC wants Prime Minister Najib Tun Razak to directly resolve issues affecting workers’ rights, including the recent amendment made in the Employment Act 1955 and the sacking of two of Maybank’s staff.

Among the affiliates present in support of MTUC’s stand were the National Union of Banking Employees (NUBE) and the Government Linked Companies (GLC) Union Associations.

About 50 MTUC members were present including NUBE secretary-general J Solomon and GLC Union Associations president Mohd Shafie BP Mammal.

Solomon said the MTUC had submitted a letter yesterday voicing its lack of faith in Subramaniam to the Prime Minister’s Department.

The letter was signed by MTUC president Khalid Atan and its secretary-general Halim Mansor.

“The reason we lost confidence in Subramaniam is because of his lackadaisical attitude in dealing with issues involving workers,” said Solomon.

Last year, Subramaniam received brickbats from the MTUC when he tabled a controversial amendment to the Employment Act 1955.

The MTUC claimed that amendment would further erode workers’ right as it would allow third party to employ workers.

Nationwide rally

The minister also courted NUBE’s anger when Subramaniam was said to have failed to curb Maybank from establishing an in-house union, Mayneu, which NUBE claimed would provoke industrial disharmony.

Solomon said that Subramaniam had also ignored NUBE’s complaints over Maybank’s decision to dismiss two of its staff for participating in trade union activity.

“We have sent about six letter and had three meetings with Subramaniam since last year but he never took any action,” claimed Solomon.

Last month, Maybank terminated the employment of NUBE vice-president Abdul Jamil Jalaludeen and its honorary treasurer Chen Ka Fatt, for holding a banner that carried the word “Maybank robs poor Malaysian workers” in Geneva, Switzerland, last year.

Abdul Jamil was employed at the Maybank branch of Pulau Tikus, Penang, while Chen served at the Maybank branch at Ipoh Garden, Perak.

On what MTUC’s next course of action would be should its calls go unanswered, Solomon said MTUC may hold a nationwide rally to voice its dissatisfaction.

“We have already appointed a committee to organise the rally. It will decide on the day and venue soon,” he said.Subramanian could not be reached for his comments.- Free Malaysia Today, 28/2/2012, MTUC ‘lost confidence in Dr Subra’

18 years ago, NUPW's worry was about contract workers - this is not the same Mr Minister

Interestingly the Minister gives us the impression that he is acting at the request of the National Union of Plantation Workers (NUPW) to prevent abuses faced by workers in the plantation sector...and in Parliament he tells us about a paper presented by the said NUPW at the ILO-Asia Pacific Regional Seminar in New Delhi in 1997 (hello that is about 18 years ago... and can we see the paper, Minister) and then he talks about ILO Resolutions in 1997 and 1998 about 'contract workers' - I am sure that they are not at all talking about the proposed changes of employment relationship in Malaysia which is the main objection to the proposed amendments something that became important to ILO that resulted in a passing of an ILO Resolution in 2006 only...

Well, I do not believe that NUPW was even talking about this 'contractor for labour' or these 'outsourced workers' (being workers supplied by these contractors who then work under the supervision and control of the plantations, without the plantation companies becoming the employer of these workers...). What was happening in the plantations, was the 'outsourcing of work' to contractors, who then come in with their own workers to do the work that have been outsourced to these contractors. This is the contract workers that they were talking about - and the Employment Act applies already to these contractors(the employers) and their workers(their employees) - the 'contractor for labour' is so very different from these other contractors. [In fact the start of 'contractors for labour' and the 'outsourced worker' happens only around 2005....]
 

Pindaan ini telah dicadang dan disokong oleh National Union of Plantation Workers (NUPW) yang mana amalan membekalkan pekerja oleh kontraktor tenaga kerja memang sedia berlaku sejak dahulu sehingga kini terutama di sektor perladangan. NUPW semasa membentangkan kertas kerja di ILO-Asia Pacific Regional Seminar di New Delhi, pada tahun 1997 menyatakan bahawa pendaftaran kontraktor tenaga kerja akan dapat meningkatkan ketelusan dalam sistem ini, memudahkan urusan penguatkuasaan undang-undang buruh, dapat mengurangkan insiden-insiden penindasan hak-hak pekerja yang dibekalkan oleh kontraktor tenaga kerja tersebut.

Pertubuhan Buruh Antarabangsa (ILO) pada tahun 1997 dan 1998 juga telah membincangkan isu contract labour dengan panjang lebar dan telah mencadangkan konvensyen dan recommendation mengenai contract labour. Antara lain, cadangan konvensyen tersebut menggariskan tanggungjawab negara-negara anggota ILO untuk mempromosikan hak sama rata di antara contract labour dengan pekerja-pekerja yang lain. Oleh yang demikian, cadangan pindaan ini adalah selaras dengan saranan ILO demi melindungi hak dan kepentingan golongan pekerja yang digaji melalui sistem ini.

I have not seen NUPW come out and confirm that they did request the Minister do this.... and is NUPW still alive and active anymore. I believe that they are no more in MTUC and to many they have become 'dormant'...Remember that the organization that represents workers in Malaysia is the MTUC and they are protesting the amendment...

Anyway, this amendment is not confined to workers in the plantation sector only but will affect all workers in Malaysia - not just in the private sector but also the government/public sector. [Remember, they can amend specific provisions with regard to workers in specific sectors - eg. there is one section on Domestic Workers in the Act now...]

Soon you will have workers working in the Ministry of Human Resources who are not government employees - but employees of some ABC Sdn Bhd (a 'contractor for labour'). That is the future scenario - and when that does happen then, our BN government will just turn around and say that the Malaysian Employment Act allows that.....

And, Mr Minister - the issue is not about protection of contract workers rights for there is no need for this for the rights of all workers including contract workers are already protected by the Employment Act .... there is no need for amendments...

Contract workers - well are not all workers contract workers? Or are you referring to to just those workers on fixed-term or short-term contracts, as compared to workers with security of tenure until retirement....anyway, all these workers rights are already protected by the Employment Act - no need for amendment...

The only purpose of this amendment is (1) to create 'contractors for labour', and legitimize 'illegal' outsourcing labour and/or labour supplier companies, and to (2) make these suppliers of workers into employers, whilst removing the employer obligations from principals/end-users/owner-operators of factories, plantations and workplace ...

{the problem with the Malay language is that both the word 'worker' and 'employee' when translated is 'pekerja' - so if people are debating in parliament, it can be misleading and confusing - ....

33a. (1) A contractor for labour who intends to supply or undertakes to supply any employee shall register with the Director General in the prescribed form within fourteen days before supplying the employee.

All employment agencies, labour suppliers or even 'contractors for labour' were restricted to supplying workers (not their employees) to principals (or end-users or owner-operator of workplaces) then it will be OK.... If the government is concerned - an obligation could be placed on these employment agencies, labour suppliers or even 'contractors for labour' to INFORM the DG of any workers supplied and to whom....

PETALING JAYA: The Malaysian Trades Union Congress (MTUC) will hold a nationwide protest next month against what it calls the “legalisation” of modern-day slavery.

This follows a provision in the recently passed Employment (Amend-ment) Act that allows lea­sing of staff.

MTUC deputy president Mohd Jafar Abdul Majid said workers risk being victimised under the new provision in the Act.

“Allowing companies to source workers through suppliers also pose socio-economic hazards.

“We strongly object to such practices, which promote modern-day slavery,” he said.

Mohd Jafar said it was a matter of grave concern as the rights of workers would be eroded.

“They (the sourced workers) cannot secure permanent jobs and they cannot join unions as they are not directly employed by the company.

“They may also find it difficult to secure bank loans for housing and other purposes, as it would not be clear if their real employer is the supplier or the company that hired them,” he said.

He also questioned how the authorities would stop the suppliers from tapping into the workers’ earnings.

Mohd Jafar said the MTUC welcomes amendments in the Act that benefit the workers but is “fiercely against” the particular provision that erodes the rights of workers.

He said although the amendment had been passed in Parliament, the Human Resources Minister could use his discretion to postpone the implementation.

Mohd Jafar said MTUC will proceed with its plan to hold a nation-wide protest on Nov 3 if the authorities continue to turn a deaf ear to the matter.

Human Resources Minister Datuk Seri Dr S. Subramaniam had said the amendment to the Act enabled registration of third-party labour suppliers so that action could be taken against any mistreatment of outsourced labour.

The Employment (Amendment) Bill was originally tabled in Parliament in July last year but withdrawn to further refine the amendments.

It was re-tabled at the Dewan Rakyat recently and passed.

The amendments, among others, defined the role of the contractor for labour (to clarify the relationship between principal, contractor and sub-contractors who supply labour), special provisions to address sexual harassment at the workplace, payment for overtime and work on rest days and public holidays.

The amendments also provide for payment of wages, including for maids through bank accounts, and maternity leave benefits for all female employees. - Star, 17/10/2011,MTUC protests ‘legalisation’ of modern-day slavery

Source: http://charleshector.blogspot.com/

17 venues of MTUC protest 0n 3/11/2011 to show discontent over amendments to Employment Act

The protest will take place tomorrow(3/11/2011) from 5pm to 6.30pm at the following locations in Kuala Lumpur and Selangor: Jalan Raja Laut; Jalan Barat (Petaling Jaya); Rawang (near Perodua); Shah Alam (near Proton); Seksyen 15 (Shah Alam); Bukit Raja; Teluk Panglima Garang (Banting).

Other locations are: MTUC Building, Ipoh, Perak; Jalan Perai, Penang (near the Prai industrial estate); Kedah; Jalan Ayer Keroh, Malacca.

Seremban, Negeri Sembilan; Jalan Sekudai, Johor Baru, Johor; Kota Baru, Kelantan (in front of the Federal Building); Kuala Terengganu, Terengganu (field near Pantai Batu Buruk); Kuantan, Pahang (field in front of Pahang State Mosque).

It will be held at the Sultan Iskandar Building in Kuching, Sarawak, and the Tang Shopping Complex in Kota Kinabalu, Sabah.

MTUC protest tomorrow

17 venues picked to show discontent over amendments to Employment Act

Wednesday, November 2nd, 2011 10:32:00

PETALING JAYA: The Malaysian Trades Union Congress (MTUC) will carry out its nationwide protest tomorrow to ensure its discontent with amendments made to the Employment Act is heard.

MTUC secretary-general Abdul Halim Mansor told The Malay Mail yesterday the protest would be held at various locations nationwide and that police had been informed.

“We are the workers' umbrella. We have no political agenda but are only voicing our concern and unhappiness with amendments made to the Employment Act," he said.

"Our dispute is not with our employers but in taking away our rights as workers through the amendments.

“We have informed the police, including the IGP and State police chiefs, on the locations and time of our protest. It will be peaceful and we will deploye our officers to ensure the discipline."

Earlier this week, Human Resources Minister Datuk Dr S. Subramaniam said the protest was illegal as it did not fall into the context of dispute between employers and employees.

To this, Abdul Halim said: “The question of whether this protest is halal or haram should not even be made."

MTUC expects a turnup of 500 of its members at each of the 17 locations throughout the country to protest against the amendments to the Act.

Abdul Halim said he did not think there would be any problem with the police as "they have always been supportive” of MTUC.

On whether the protest would affect rush-hour traffic, he said the MTUC officers at each location would maintain discipline. He also hoped police would help with the traffic flow and ensure safety of protesters.

The MTUC's main complaint against the amendments is its belief it is "a return to slavery" and that investors will only hire Malaysians as contract workers instead of permanent staff.

On the other hand, the Human Resource Ministry insisted the amendments protect the rights of workers.

MTUC is an umbrella body comprising 390 of the 692 labour unions nationwide has a total of 802,323 members.

The amendments to the Act were approved by Parliament on Oct 6.

The protest will take place tomorrow from 5pm to 6.30pm at the following locations in Kuala Lumpur and Selangor: Jalan Raja Laut; Jalan Barat (Petaling Jaya); Rawang (near Perodua); Shah Alam (near Proton); Seksyen 15 (Shah Alam); Bukit Raja; Teluk Panglima Garang (Banting).

Other locations are: MTUC Building, Ipoh, Perak; Jalan Perai, Penang (near the Prai industrial estate); Kedah; Jalan Ayer Keroh, Malacca.

Seremban, Negeri Sembilan; Jalan Sekudai, Johor Baru, Johor; Kota Baru, Kelantan (in front of the Federal Building); Kuala Terengganu, Terengganu (field near Pantai Batu Buruk); Kuantan, Pahang (field in front of Pahang State Mosque).

It will be held at the Sultan Iskandar Building in Kuching, Sarawak, and the Tang Shopping Complex in Kota Kinabalu, Sabah. - Malay Mail, 2/11/2011, MTUC protest tomorrow

Don’t legalize discrimination at work place (Free Malaysia Today, 28/10/2011)

Don’t legalize discrimination at work place

Teoh El Sen | October 28, 2011

Civil rights groups here and overseas want the Malaysian government to withdraw 'unjust' amendments to the Employment Act 1955

PETALING JAYA: More than a 100 civil society groups locally and abroad have called for the government to withdraw ‘unjust’ amendments to the Employment Act 1955, ahead of a nationwide Malaysian Trade Union Congress(MTUC) picket on the same issue next week.

In a joint press statement 107 civil society groups expressed concern over the government’s actions to “speedily” table and passed the the Employment (Amendment) Bill 2011 on Oct 6 at the Dewan Rakyat, despite protests from various groups against it.

“The proposed changes to the Employment Act would be most detrimental to worker rights, trade unions and the existing just direct two-party employment relationship between worker and end-user (the principal),” said the group, which included the International Trade Union

Confederation (ITUC), representing 175 million workers in 153 countries and territories and has 308 national affiliates.

A spokesman for the group Charles Hector said: “Malaysia’s action goes contrary to justice.

“In many countries employers have been wrongly trying to avoid/disguise employment relationships by way of contracts/agreements and triangular relationships, and Malaysia rather than fighting against this negative trend is now trying to legalize it, hence showing itself to be anti-worker anti-unions.”

The groups noted that the amendments went against the Federal Constitution, which guaranteed equality of persons, as it would result in “discrimination at the workplace”.

“Workers doing the same work at the factory, would be treated differently in terms of wages, work benefits and even rights by reason of the fact that their employers are different,” said the statement.

The statement stressed that workers in the same workplace should be treated equality— in terms of wages, work benefits, rights, union rights, and so on.

‘Destroying’ ties

The civil groups also said the proposed amendments would also “destroy” direct employment relationships between owner-operator of workplaces.

“A just employment relationship dictates that all workers should be employees of the owner-operator employer not some other third party labour supplier, whether they be known as ‘contractor for labour’, outsourcing agent or by any other name.”

It stressed that such a “relationship” must be a direct relationship, and should exclude all third parties.

“The availability of short-term employment contracts is another reason why there is no need to legalize triangular or other employment relationships in Malaysia through the creation of the ‘contractor for labour’ (system),” it added.

If the amendments become law, then workers would also lose their rights to form or be members of the trade union at the workplace.

This will subsequently affect their right to directly and effectively negotiate with the principal who effectively controls the work place, working conditions and benefits.

‘Union busting’ policy

This would also weaken existing workers and unions, by reducing their negotiating power, and in turn make workers’ struggle better rights wll become “almost impossible”.

“This proposed amendment is a ‘union busting’ exercises and allows employers to utilize ‘divide and rule’ tactics to counter legitimate demands of their workers and avoid employer obligations and responsibilities,” said the groups.

The groups also said the amendments further made unjustifiable changes to delay in overtime payment and work on rest days, as well as issues regarding sexual harrassment.

“With regard to sexual harassment, the new provision provides only for inquiry by an employer even when the alleged perpetrator is a member of the management, a partner, shareholder and/or director of the employer’s business, and provides no clear right of appeal to the Labour Courts or the High Court.”

“Remedy for the victim of sexual harassment is also absent, save maybe the right to resign without the need to give the required notice when the perpetrator is a sole proprietor.”

Discontinue policy

Currently, worker rights violations are all dealt with by the “definitely more independent” Labour Department or Industrial Relations Department.

“We call on Malaysia to immediately discontinue its policy of recognizing outsourcing agents, and act immediately against practices of some employers and outsourcing agents that try to avoid or disguise employment relationships to the detriment of workers and unions,” said the statement.

The proposed Bill still needs to be passed by the Senate and receive royal assent, before it becomes law.

“We call on the Malaysian government to act in the best interest of workers and their unions and immediately withdraw this unjust proposed amendments to Employment Act 1955.”

It said that the country currently has the Private Employment Agencies Act 1971, whereby these agencies rightfully get workers for employers, who then pay them a fee for the service, and once workers are received by the employer, these workers immediately become employees of the said employer.

“The amendments will create a new kind of labour supply company who will continue as employers of the workers even after they start working at the workplace of the principal, and this is unacceptable,” said the statement.

It also explained that all companies in the business of finding workers for companies must never assume or retain the role of employers.

The groups also called on countries and regional bodies, companies, International Labour Organisation (ILO), trade unions and persons to “do the needful to ensure that worker and union rights, not just of local but also migrant workers, are protected in Malaysia” - Free Malaysia Today, 28/10/2011,Don’t legalize discrimination at work place

** For the full statement see:- 107 Groups: Malaysia Must Protect Worker and Union Rights, and withdraw proposed unjust amendments to Employment Act - Labour Suppliers Should Not Be Employers (28/10/2011)

Malaysia Must Protect Worker and Union Rights, and withdraw proposed unjust amendments to Employment Act - Labour Suppliers Should Not Be Employers

Media Statement – 28/10/2011 (107 Groups), now 115 on 2/11/2011

Malaysia Must Protect Worker and Union Rights, and withdraw

proposed unjust amendments to Employment Act

- Labour Suppliers Should Not Be Employers -

We, the undersigned 115 organizations, groups and networks are disturbed that the Malaysian government has proceeded to table, and get it passed speedily on 6/10/2011 at the Dewan Rakyat (House of Representative) the Employment (Amendment) Bill 2011 despite protests from workers, trade unions and civil society. The proposed changes to the Employment Act would be most detrimental to worker rights, trade unions and the existing just direct 2-party employment relationship between worker and end-user (the principal). Malaysia’s action goes contrary to justice. In many countries employers have been wrongly trying to avoid/disguise employment relationships by way of contracts/agreements and triangular relationships, and Malaysia rather than fighting against this negative trend is now trying to legalize it, hence showing itself to be anti-worker anti-unions.

We note also that the amendments would result in discrimination at the workplace, as many workers at a factory, plantation or any workplace would end up being no longer employees of the owner-operator of the said workplace, also referred to as the principal or end-user, but would remain employees of the supplier of workers, known as ‘contractor for labour’. Workers doing the same work at the factory, would be treated differently in terms of wages, work benefits and even rights by reason of the fact that their employers are different. This will also go against the Malaysian Federal Constitution that guarantees equality of persons. We advocate that all workers working at a factory or workplace are entitled to be treated equally in terms of wages, work benefits, rights, union rights, reliance on collective agreements and other entitlements.

The proposed amendment would also destroy direct employment relationships between owner-operator of workplaces, being the principal, and the workers that work there producing the product or providing the services from which these principals derive their profits. A just employment relationship dictates that all workers should be employees of the owner-operator employer not some other third party labour supplier, whether they be known as ‘contractor for labour’, outsourcing agent or by any other name. The relationship must be a direct relationship, to the exclusion of all third parties, between the employer who needs workers to do the work to produce the goods of their business for profits, and the workers directly who provide the necessary labour as required in exchange for fair wages and other benefits. The availability of short-term employment contracts is another reason why there is no need to legalize triangular or other employment relationships in Malaysia through the creation of the ‘contractor for labour’.

To fight for decent wages and rights, and to be able to negotiate and get better working conditions and other work benefits, workers at a workplace would generally come together collectively or as a union to be able to negotiate from a stronger position with employers, and this would result in agreements or ‘collective agreements’ between employers and workers (or their unions). If the amendments proposed become law, then many workers at the factory would effectively lose their rights to be able to form or be members of the trade union at the workplace, or the right to directly and effectively negotiate with the principal who effectively controls the work place, working conditions and benefits.

If the proposed amendment becomes law, effectively it will also weaken existing workers and unions, by reducing their negotiating power for now when a strike or a protest in called, there will be other workers of other third party employers who will continue to work normally thus making worker struggle for better rights almost impossible. This proposed amendment is a ‘union busting’ exercises and allows employers to utilize ‘divide and rule’ tactics to counter legitimate demands of their workers and avoid employer obligations and responsibilities. Another unjustifiable proposed changed is the delay of payment of overtime and work on rest days by a month.

With regard to sexual harassment, the new provision provides only for inquiry by employer even when the alleged perpetrator is a member of the management, a partner, shareholder and/or director of the employer’s business, and provides no clear right of appeal to the Labour Courts or the High Court. Note that other worker rights violations are currently all dealt with by the definitely more independent Labour Department or Industrial Relations Department. Remedy for the victim of sexual harassment is also absent, save maybe the right to resign without the need to give the required notice when the perpetrator is a sole proprietor.

The Malaysian Trade Union Congress (MTUC), which represents over 800,000 workers of member unions, who is also is the accepted workers representative in Malaysia, picketed calling for the withdrawal of the amendments on 3/10/2011, and apparently despite the Minister assuring them that the amendment will only be tabled at the end of the month, was suddenly rushed and passed at the Lower House of Malaysia’s Parliament on 6/10/2011.

Malaysia has the Private Employment Agencies Act 1971, whereby these agencies rightfully get workers for employers, who then pay them a fee for the service, and once workers are received by the employer, these workers immediately become employees of the said employer. The amendments will creates a new kind of labour supply companies who will continue as employers of the workers even after they start working at the workplace of the principal, and this is unacceptable. All companies in the business of finding workers for companies that need workers to produce their products or for their business must be private employment agencies, and must never assume or retain the role of employers.

As the said Bill still needs to be passed by the Senate and receive royal assent, before it becomes law, we call on the Malaysian government to act in the best interest of workers and their unions and immediately withdraw this unjust proposed amendments to Employment Act 1955.

We call on Malaysia to immediately discontinue its policy of recognizing outsourcing agents, and act immediately against practices of some employers and outsourcing agents that try to avoid/disguise employment relationships to the detriment of workers and unions.

We call on countries and regional bodies, companies, ILO, trade unions and persons to do the needful to ensure that worker and union rights, not just of local but also migrant workers, are protected in Malaysia, and that the employment relationship continue to be between owner-operator end user employers who actually need workers to do work and the workers that work there to the exclusion of any third party labour suppliers or ‘contractors for labour’.

Charles Hector

Pranom Somwong

For and on behalf of the 115 Organisations listed below:-

Abra Migrant Workers Welfare Association - Hong Kong (AMWWA)

Abra Tinguian Ilocano Society - Hong Kong (ATIS-HK)

ALIRAN, Malaysia

All Women's Action Society (AWAM), Malaysia

Asian Migrants Center (AMC), Hong Kong

Asia Monitor Resource Centre (AMRC), Hong Kong

Asia Pacific Mission for Migrants (APMM)

Asia Pacific Forum on Women, Law and Development (APWLD)

Asian Migrants' Coordinating Body - Hong Kong (AMCB)

Association for Community Development-ACD, Bangladesh

Association of Concerned Filipinos in Hong Kong (ACFIL-HK)

Association of Indonesia Migrant Workers in Indonesia (ATKI-Indonesia)

Association of Migrant Child & Family, Bangladesh.

Australian Council of Trade Unions (ACTU)

BAYAN Hong Kong

Building and Wood Worker's International (BWI) Asia Pacific

Burma Campaign, Malaysia

Cambodian Human Rights and Development Association (ADHOC)

Cambodian League for the Promotion and Defense of Human Rights (LICADHO)

Center for Indonesian Migrant Workers (CIMW)

Center for Trade Union and Human Rights (CTUHR)

Clean Clothes Campaign (CCC)

Coordination of Action Research on Aids and Mobility (CARAM-ASIA)

Committee for Asian Women (CAW)

Community Action Network (CAN), Malaysia

Confederation of Voluntary Associations (COVA), Hyderabad, India

Cordillera Alliance Hong Kong (CORALL-HK)

Democratic Party For A New Society (DPNS), Burma

Dignity International, Malaysia

Education and Research Association for Consumers Malaysia (ERA Consumer Malaysia)

Filipino Friends Hong Kong (FFHK)

Filipino Migrants Association - Hong Kong (FMA)

Filipino Migrant Workers' Union - Hong Kong (FMWU)

Filipino Women Migrant Workers Association - Hong Kong (FILWOM-HK)

Foundation for Women, Thailand

Friends of Bethune House (FBH), Hong Kong

GABRIELA Hong Kong

GABRIELA Philippines

Good Shepherd Sisters, Malaysia

Health Equity Initiatives (HEI), Malaysia

Housing Rights Task Force, Cambodia

Human Rights & Legal Aid (LHRLA) Pakistan

Human Rights Education Institute of Burma (HREIB)

Human Security Alliance (HSA)

International Metalworkers' Federation (IMF)

IMA Research Foundation, Bangladesh

INFID (International NGO Forum on Indonesian Development)

Institute for National and Democratic Studies (INDIES)

International Trade Union Confederation (ITUC)

Jakarta Legal Aid Institute, Indonesia

JERIT, Malaysia

Karmojibi Nari , Bangladesh

Kalyanamitra, Indonesia

Kav La'Oved , Israel

Kilusang Mayo Uno Labor Center

Komite Independen Pemantau Pemilu (Independent Committee for Election Monitoring), Indonesia

Lawyers for Human Rights & Legal Aid (LHRLA) Pakistan

Legal Support for Children and Women (LSCW), Cambodia

LLG Cultural Development Centre, Malaysia

Malaysians Against Death Penalty and Torture (MADPET)

Malaysian Election Observers Network (MEO-Net)

MakeItfair

MAP Foundation, Thailand

Maquila Solidarity Network, Canada

May 1st Coalition for Worker & Immigrant Rights, NY-USA

Migrant CARE, Indonesia

Migrant Forum in Asia (MFA)

Migrant Trade Union, Korea (MTU)

Migrante International

MTUC (Malaysian Trade Union Congress)

National Alliance of Women Human Rights Defenders, Nepal

Network of Action for Migrants in Malaysia (NAMM)

National League For Democracy (Liberated Area )[ NLD(LA)], Malaysia

Pakistan Rural Workers Social Welfare Organization (PRWSWO)

Peduli Buruh Migran, Indonesia

Penang Watch, Malaysia

People's Green Coalition

Pergerakan Indonesia

Perkumpulan PRAXIS, Indonesia

Persatuan Kesedaran Komuniti, Selangor (EMPOWER)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Persatuan Sahabat Wanita Selangor

Pinatud a Saleng ti Umili (PSU)

Pusat KOMAS, Malaysia

Quê Me: Action for Democracy in Vietnam

Saya Anak Bangsa Malaysia (SABM)

Sedane Labour Resource Center/(Lembaga Informasi Perburuhan Sedane), Indonesia

Serikat Buruh Migran Indonesia (SBMI)

Shan Women Action Network (SWAN), Thailand

Silicon Valley Toxics Coalition

Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia

SOS(Save Ourselves), Malaysia

Suaram, Malaysia

Tenaganita, Malaysia

Thai Committee for Refugees Foundation (TCR)

The Filipino Women's Organization in Quebec, Canada

The GoodElectronics Network

The International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF)

Think Centre (Singapore)

UNI Apro, Singapore

UNI Global Union

UNIMIG (Union Migrant Indonesia)

United Filipinos in Hong Kong (UNIFIL-MIGRANTE-HK)

United Pangasinan in Hong Kong (UPHK)

Urban Community Mission (UCM Jakarta), Indonesia

Vietnam Committee on Human Rights

WARBE Development Foundation, Bangladesh

Women Forum for Women, Nepal

Women Legal BUREAU, Philippines

WOREC, Nepal

Workers Assistance Center, Inc (WAC), Philippines

Workers Hub For Change (WH4C)

War on Want , United Kingdom

Yasanti

Yayasan LINTAS NUSA (Batam Indonesia)