MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

Malaysian Industrial Relations & Employment Law

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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT

LAW Author: Maimunah Aminuddin

Chapter Five

Trade Unions


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Preview Reasons for joining a trade union Purpose of trade unions Definition of “trade union” Membership of a trade union Registration of trade unions Control of trade unions Current status of trade unions The MTUC and the MEF


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Reasons for joining a trade union

Employees join trade unions:

To improve their economic situation

To ensure their rights at work are

protected

For social reasons


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Purpose of trade unions To promote the interests of their

members and working people in general

To promote employee-friendly legislation

To promote the economic, social and educational welfare of their members

To protect the rights of their members at the workplace


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Definition of trade unionThe legal definition of “Trade Union” in the

Trade

Unions Act has implications:

Membership of a union is limited to workers working in Peninsular Malaysia, or Sabah or Sarawak

Unions with membership from a variety of industries not permitted

Employers can form unions


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Membership of a trade union

Trade unions of workers

Membership open to:

Employees over age of 16

Employees working in the relevant trade, occupation or industry

Public sector workers can only join a union whose members work in the same Ministry or Department

Statutory body employees can only join an in-house union


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Membership of a trade union, cont.

Police, Armed Forces and Prison

service employees canNOT join any

trade union.


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Membership of a trade union, cont.

Managers, Executives, Confidential

Staff and Security Staff can only join

a union whose members are in the

same category.


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Registration of a trade union All trade unions must apply to be

registeredwithin one month of formation.

Registration is controlled by the DirectorGeneral of Trade Unions (DGTU), Ministry ofHR.

DGTU has extensive powers to register, reject an application and de-register an existing union.


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Control of trade unionsOther than registration, unions activities are

controlled through:

Limitations on use of union funds and need

to submit audited annual accounts to DGTU

Rules relating to who can be elected as a

union executive officer

Rules relating to who can serve as an

employee of a union


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Current status of trade unions in Malaysia Number of unions steadily

growing

Number of members increasing

Density reducing

Most unions have less than 500

members

Two types of union – national and

in-house


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Key players other than employee TUsEmployers’ Associations:

The Malaysian Trades Union Congress

The Malaysian Employers Federation


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Key players other than employee TUs, cont.

Employers’ AssociationsSome employers have formed and

joined atrade union, e.g.:

MAPA

MCBA

AIE


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The Malaysian Trades Union Congress (MTUC)

The MTUC is NOT a trade union. It is registered under the Societies Act.

The MTUC’s members are trade union from a variety of industries.

The MTUC speaks on behalf of unions and workers on issues related to the welfare of workers.


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The Malaysian Employers Federation (MEF)

The MEF is NOT a trade union.

The MEF speaks on behalf of employers.

The MEF carries out research.

The MEF advises its members on

employment related issues.


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Review Reasons for joining a trade union

Purpose of trade unions

Definition of “trade union”

Membership of a trade union

Registration of trade unions

Control of trade unions

Current status of trade unions

The MTUC and the MEF

Documents

MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin