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Industrial Relations Malaysia

In: Business and Management

Submitted By essyvin
Words 1586
Pages 7
MalysiaINTRODUCTION

Trade Union is an organization whose membership consists of workers and union leaders, united to protect and promote their common interests. The principal purposes of a labor union are to negotiate wages and working condition terms, regulate relations between workers (its members) and the employer, take collective action to enforce the terms of collective bargaining, raise new demands on behalf of its members, and help settle their grievances. A trade union may also be a company union that represents interests of only one company and may not have any connection with other unions. It is general union that represents workers from several companies in the same industry also known as industrial union. To explain more trade unions is a craft union that represents skilled workers in a particular field such as carpentry or welding.
There are a number of labor laws in Malaysia. There are particular attention to major ones like the Employment Act 1955, Industrial Relations Act 1967 and Trade Unions Act 1959. The Employment Act provides minimum terms and conditions (mostly of monetary value) to certain category of workers, the Industrial Relations Act provides ways for settlement of trade disputes between employers and employees, whereas the Trade Unions Act regulates trade union registration and the uses of trade union funds..

BODY
There have been some major issues occurring in the trade union currently, one been the act of no confidence to the prime minister. There had been some trade union act which had begin early this year and on the 28th of March 27, 2012 there decided to vote for no confidence. At a Press Conference held at the MTUC Head Office in Selangor on 28th Feb 2012, the Malaysian Trade Union Congress (MTUC) passed a vote of no confidence against the Minister of Human Resource and May bank Bhd. MTUC General Council Member, Mr. Savinanthan summarizes the justification for this action at the Press Conference which was attended by all Council Members lead by Khalid Atan, the President. In a press statement issued by the MTUC the justification for the Vote of no confidence are as follows:
Failure to restrict the violation of various laws and international treaties governing workers' rights committed by May bank Bhd. This includes breaches of the Federal Constitution, the Universal Declaration of Human Rights, and International Organization (ILO) Convention 98. Industrial Relations Act 1967and the Trades Union Act 1959.
Failure to cancel the registration of the May bank in house union, registered contrary to the binding Collective Agreement between May bank Bhd, NUBE and Section 12 of the Trade Union Act 1959 for more than one year despite numerous written appeals and meetings. It is clear that the Minister is working with May bank against the interest of the trade unions in this country, Failure to listen to the grouses raised by the Malaysian Trade Union Congress (MTUC) as regards to the amendments to the Employment Act 1955, in particular the provisions which allows for labor contractors to supply labor to employees. The National Union of Bank Employees (NUBE) staged a picket against Malayan Banking Berhad (May bank) outside its office in Bangsar, in a public display of their unhappiness with a long-standing dispute over stagnant wages. The 700-strong group, consisting of members from NUBE and various trade unions, walked from NUBE’s headquarters in Brickfields to Dataran Maybank after lodging a report with the Malaysian Anti-Corruption Commission (MACC)
Trade union leaders today slammed the country’s biggest bank and financial services company for allegedly violating labor and civil laws as well as collective agreements and international treaties in launching last year an in-house union called the May bank Non-Executive Union (Mayneu).
According to the bank unionists, May bank’s move breaches the Federal Constitution and the Trades Union Act 1959. May bank’s decision to set up Maybeu was also against the Universal Declaration of Human Rights, they added. According to NUBE general secretary J. Solomon, Mayneu was a “union-busting campaign” because it spoilt NUBE’s negotiations for a performance bonus. They received May bank’s annual report and discovered that the CEO of May bank received 24 months’ salary as performance bonus. His salary per month is RM90, 000, Solomon told reporters at the start of their street demonstration. NUBE members, who are in the lowest income group at May bank, were not paid a single cent as performance bonus.
May bank had instructed the Malaysian Commercial Banks Association (MCBA) to direct its members to slash the salaries of all NUBE executive and branch committee members who had applied for trade union leave to prepare for their picket. Malaysian Trades Union Congress (MTUC) president Khalid Attan, who was also present, claimed that May bank had been sponsoring and supporting Mayneu, and explained that such sponsorship violates union laws. No employer is allowed to support or sponsor any union. May bank is clearly violating such laws.
The Ministry of Human Resources kept silent on this when the dispute could be solved. The minister could decide to cancel the registration of an in-house union. A recent audience with Human Resource Minister Datuk S. Subramaniam on January 30 had been unsuccessful as the minister had given them the rejection, then NUBE Vice-president Abdul Jamil Jalaludeen and treasurer-general Chen Ka Fatt were dismissed as employees of Maybank the following day, for participating in trade union activities. Solomon questioned the timing, saying the incident was too much of a coincidence and that it had cast doubt on the ministry’s conduct. He further questioned the minister’s sincerity in helping the union solve its problems with the banking giant’s management, suggesting that some palms may have been greased. Therefore they were compelled to lodge a report at the MACC.
The Prime Minister got involved as it was not a small problem, Mohamed Shafie Mammal, president of the Government-linked Companies Trade Union Congress. NUBE had asked for the prime minister’s help nearly half a year ago, seemingly without result. May bank’s senior management refuted NUBE’s claims in a media. Its group head of human capital, Nora Abdul Manaf, said, May bank understands that the picket by NUBE was an objection in relation to the dismissal of two of its union officials who were previously employed by the Bank. May bank firmly state that the two employees were dismissed for actions which caused disrespect to the image and reputation of the Bank. The dismissals were not due to trade union activities, as alleged by NUBE. The bank fully supports its workers and their rights but will not compromise on any disciplinary issues or allow any form of improper action to affect the bank’s interests. May bank reminded its employees that they could picket against the firm, but cannot involve any non-employee as such action would breach the provisions of the Industrial Relations Act 1967.
As it is very important for the trade union to enhance their roles in protecting the welfare of employees, this is a democracy and when leaders fail to be seen to do their job in leading the struggle for rights, they faced the rage from members who demand action. What happened to Maybank is sadly similar attitude and reaction does not happen much at the level of local government or state government. Power must be vested with the people to be able to express disappointment and even the power to remove bad leaders.
Being confronted with a no confidence motion is not necessarily bad but it is a clear indication that some of the members of MTUC – the workers want the MTUC to do more to protect their rights.

CONCLUSION
Trade union has done an incredible work to save employee and give solution to some disputes. With Maybank trade union problem in the end they passed the vote of no confidence. Collective agreement Article 17 on Efficiency and Discipline governing punishment for serious misconduct Workmen alleged to have aided, abetted, initiated or conducted mock funeral rites for respondent’s branch manager. Punishment of suspension of annual increment in salary for two years - Whether punishment harsh and disproportionate to gravity of misconduct - Performance of mock funeral rites -Whether contravention of s 40, Industrial Relations Act 1967 - Principles of equity and good conscience - Embodiment of s 30(5) - Proportionality of punishment to misconduct ,Whether must be reconciled with test of reasonableness affirmed in Southern Bank Bhd v. Kamarudin Othman and Anor, Whether punishment proportionate to misconduct, Whether punishment imposed ought to be substituted. MTUC lodged a report with the International Labor, Organization, and it has dispatched a team to investigate the matter. Khalid claimed that Subramanian had also failed to act against Maybank for allegedly breaching various laws and international treaties governing workers rights in supporting the formation of an in-house union known as the Maybank Non-Executive Union (Mayneu), despite the existence of the National Union of Bank Employees (NUBE). In end the maybank trade unions dispute was solved after weeks investigations and they passes the vote of no confidence to their minister of human resources.

REFERENCES * www.mtuc.org.my * http://longlist.org/mtuc+support+nube * cj.my/cj-list/kstan/ * www.cuepacs.org.my * http://www.themalaysianinsider.com/litee/malaysia/article/nube-takes-maybank-dispute-to-streets/ * www.themalaysianinsider.com/.../malaysia/.../upset-mtuc-members * www.digitalibrary.my/.../malaysiakini/070_ * www.fareastjournals.com/files/FEJPBV4N3P5.pdf\ * http://www.mmail.com.my/story/pm-cuepacs-was-consulted-when-drawing-sbpa * www.malaysiakini.tv/.../no-confidence-vote-against-minister-of-hum. * http://www.thesundaily.my/news/308282

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