trade union in malaysia employment law

8/15/2019 trade union in malaysia employment law

1/58

Trade Unions


2/58

Introduction

Essential element in Industrial Relations Responsible for the emergence of Industrial Re.ations as a separatediscipline, albeit one that is closely related to Human Resources Ma

Trade Unions were rst organised in their present form in the !th c"reat #ritain soon after the Industrial Re$olution

To safeguard the interest of employees $is%&%$is employers

In Malaysia, trade unions and union federations are go$erned by thUnions 'ct !(!)TU'*

Howe$er, this act does not go$erned employer%union relations, whithe Industrial Relations 'ct !+)IR'*.


3/58

-H'T I TR'/E U0I10 Its and organisation composed pf employers and employees, a federation whicthe wor2menship at west Malaysia or abah or arawa2 within similar industrieor occupations.

The ha$e one or more of this ob3ects

)i* The regulation of relations between wor2men and employers for the purposepromoting good industrial relations between wor2men and employers impro$ingconditions or enhancing their economics and social status or increasing product

)ii* The regulation of relations between wor2men and wor2men or between emp

employers

)iii* The representation of either wor2men or employers in trade disputes

)i$* The conducting of or dealing with trade disputes and matters related theret

)$*The promotion of organisation or nancing of stri2es or loc2outs in any trade or the pro$ision of pay or other benets for its members during a stri2e or loc2o


4/58

1b3ecti$e

To ensure their rights are protected to get better term and condition of employment

To impro$e their economic situation

to get better pay and impro$e life

ocial reasons

show solidarity with fellow wor2ers and to be protected


5/58

Registration sec.4)* TU' 5 registration must be applied within one month of itestablishment

If it does not comply to that conditon, and the union

shall be deemed unlawful and shall cease to en3oy any of the rights

shall not ta2e part in any trade dispute, promote, organise or nanany loc2out or stri2e

shall be dissol$ed and its funds disposed

no person shall ta2e part in its management or act on behalf of theunion


6/58

Registration

ection % Register of trade unions. )* The /irector "eneral shall 2eep and maintain in such form as mprescribed, a register of trade unions in which shall be registered%6 )a* the prescribed particulars relating to any registered trade union7

6 )b* any alteration or change which may from time to time be e8ected inparticulars7 and

6 )c* all such other matters as may be re9uired to be registered therein un

'ct.

):* ' certied copy of any entry in the register shall be conclusi$e pthe facts specied therein as on the date of such certied copy


7/58

ection 4. 0ecessity forregistration.

)* E$ery trade union established after the commencement of this 'apply to be registered under this 'ct within a period of one month from the date on which it is so established.

):* The /irector "eneral may, if he thin2s t, from time to time grae;tension of the period specied in subsection )*7


8/58

ection ! /ate of establishment of trade un

)* =or the purposes of this 'ct, a trade union is established on the rswhich any wor2men or employers agree to become or to create an ass

combination within any particular establishment, trade, occupation or and whether temporary or permanent, for the furtherance of any one othe ob3ects specied in the /E=I0ITI10 of a trade union in section :.

):* =or the purpose of prosecuting any trade union which fails to applyregistration under section 4, the date of establishment of that trade unthe absence of proof of the date referred to in subsection )*, be deem6 )a* the date on which any person is pro$ed to ha$e been accepted or admit

member of that trade union7 or

6 )b* the date on which any act is pro$ed to ha$e been done by that trade unfurtherance of any one or more of the ob3ects specied in the /E=I0ITI10 ounion in section :7

and in a case where proof is a$ailable of both the dates referred to in p)a* and )b*, the earlier of such dates shall be deemed to be the date ofestablishment of that trade union.


9/58

>. 'pplication for registration. )* E$ery application for registration of an association, combination oa trade union shall be made to the /irector "eneral in the prescribedshall be signed by at least se$en members of the union, any of whomo?cers thereof.

):* E$ery application under subsection )* shall be accompanied by smay be prescribed, and by a printed copy in the national language ofthe trade union signed by the members of the trade union ma2ing thapplication and a statement of the following particulars, namely%6 )a* the names, occupations and addresses of the members ma2ing the ap

6 )b* the name of the trade union and the addresses of its head o?ce7 and

6 )c* the titles, names, ages, addresses and occupations of the o?cers of thand such other information regarding such o?cers as the /irector "eneraparticular case re9uire to be furnished.


10/58

. Temporary pro$isionsrelating to collection of funds

#etween the date of establishment of a trade union under section !date of any certicate issued under section @ or the date of the rethe person or persons ma2ing the application of notice in writing fr/irector "eneral that the trade union has been refused registrationcase may be, no person shall organise or ta2e part in any collectionor other property for or on behalf of such trade union without the pwritten permission of the /irector "eneral and sub3ect to such condmay be specied by the /irector "eneral. ):* A )@* )Repealed*.


11/58

:. Registration.

)* The /irector "eneral may, upon recei$ing any application under secsub3ect to this section, register the trade union in the prescribed manne

):* The /irector "eneral may refuse to register a trade union in respec

establishment, trade, occupation or industry if he is satised that therea trade union representing the wor2men in that particular establishmenoccupation or industry and it is not in the interest of the wor2men concthere be another trade union in respect thereof.

)@* The /irector "eneral shall refuse to register a trade union if%6 )a* he is of the opinion that the trade union is li2ely to be used for unlawful p

purposes contrary to or inconsistent with its ob3ects and rules7

6 )b* any of the ob3ects of the trade union is unlawful7

6 )c* he is not satised that the trade union has complied with this 'ct and of t

6 )d* he is satised that the ob3ects, rules, and constitution of the trade union of the pro$isions of this 'ct or of any regulations7 or

6 )e* the name under which the trade union is to be registered is%6 )i* identical to that of any other e;isting trade union, or so nearly resembles the name of such o

the opinion of the /irector "eneral, is li2ely to decei$e the public or the members of either trad

6 )ii* in the opinion of the /irector "eneral, undesirable, unless the trade union alters its name to/irector "eneral.


12/58

@. Certicate of registration The /irector "eneral, on registering a trade union under section :issue to the trade union a certicate of registration in the prescribeand that certicate, unless pro$ed to ha$e been cancelled or withdbe conclusi$e e$idence for all purposes that the trade union has beregistered under this 'ct


13/58

D.


14/58

(. Cancellation of registratio )* ' certicate of registration of a trade union may be cancelled or wby the /irector "eneral%6 )a* at the re9uest of the trade union upon its dissolution to be $eried in s

as the /irector "eneral may re9uire76 )b* if he is satised%

6 )i* that the certicate of registration was obtained or issued by fraud or mista2e7

6 )ii* that any one of the ob3ects or rules of the trade union is unlawful7

6 )iii* that the constitution of the trade union or of its e;ecuti$e is unlawful7

6 )i$* that the union has been or is being or is li2ely to be used for any unlawful purposes or forcontrary to its ob3ects or rules7

6 )$* that the trade union has contra$ened any pro$ision of this 'ct or of any regulations made

any of its rules, or allowed any rule to continue in force which is inconsistent with any such prescinded any rule pro$iding for any matter for which pro$ision is re9uired by section @47

6 )$i* that the funds of the trade union are or ha$e been e;pended in an unlawful manner or onob3ect or on an ob3ect not authoried by the rules of the union7

6 )$ii* that the trade union has ceased to e;ist7 or

6 )c* upon the amalgamation of the trade union under subsection @D)D* or the dissolution of thunder section D:.


15/58

):* -here two or more registered trade unions e;ist in a particular establishment,occupation or industry, as the case may be, the /irector "eneral may, if he is satithe interest of the wor2men in that establishment, trade, occupation or industry s

)a* cancel the certicate of registration of the trade union or trade unions other thunion which has the largest number of wor2men in the said establishment, trade,industry as its members7 or

)b* issues an order re9uiring the trade union or trade unions other than the trade the largest number of wor2men in the said trade, occupation, industry or place ofits members to remo$e from the membership register those members as are empestablishment, trade, occupation or industry and thereafter the trade union or traordered shall not enroll as members wor2men in that establishment, trade, occupe;cept with the permission in writing of the /irector "eneral7 an order under this ha$e full force and e8ect notwithstanding any pro$ision of the rules of the trade u

):'* -here the /irector "eneral proposes to cancel or withdraw the certicate of

any trade union under subsection )* )b* or subsection ):* )a*, he shall gi$e to theless than thirty days pre$ious notice in writing specifying the ground on which it iscancel or withdraw its certicate of registration before such certicate is cancelled

):#* -here the /irector "eneral proposes to issue an order to any trade union un):* )b*, he shall prior to the issue of such order, notify the trade union of his intenshall gi$e it an opportunity to submit such representations as it may wish to ma2eorder being issued


16/58

)@* ' trade union ser$ed with a notice under subsection ):'* may, at within the period of thirty days rec2oned from the date of such noticecause in writing against the proposal to cancel its certicate of registif such cause is shown, the /irector "eneral may hold such en9uiry aconsider necessary in the circumstances.

)D* The /irector "eneral may, after the e;piration of the period of thireferred to in subsection )@*, cancel the certicate of registration of aunion which has failed duly to show cause under that subsection, or wha$ing so shown cause, has failed to satisfy him that its certicate ofshould not be cancelled.

)(* 'n order made by the /irector "eneral under this section cancelli

certicate of registration of any trade union shall be dated as on the which it was made, shall specify brieBy the grounds for the cancellaticerticate of registration and shall forthwith be ser$ed on the trade ua8ected thereby.

)+* )Repealed*


17/58

+.


18/58

recognition The application for recognition of any union must be made to the eemployersF union

The procedures under s.! of the IR' !+


19/58

!.Claim for recognition )* 0o trade union of wor2men the ma3ority of whose membership conswor2men who are not employed in any of the following capacities that

)a* managerial capacity7

)b* e;ecuti$e capacity7

)c* condential capacity7 or )d* security capacity, may see2 recognitionan in$itation under section @ in respect of wor2men employed in any abo$ementioned capacities.

)'* 'ny dispute arising at any time, whether before or after recognitioaccorded, as to whether any wor2man or wor2men are employed in a me;ecuti$e, condential or security capacity may be referred to the /ire"eneral by a trade union of wor2men or by an employer or by a trade uemployers.


20/58

KESATUAN SEKERJA PEMBUATAN BARANGAN GALIAN BUKAN LISOLITE INSULATING FIREBRICK SDN BHD

Regarding !e er"# in !e li# $ registered o?ce at ot , : A @, #a Jelapang%Chemor, @:>> Chemor,


21/58

SIME LATE) PRODUCTS SDN. BHD. *. KESATUPEKERJA%PEKERJA S&ARIKAT SIME LATE)PRODUCTS SDN. BHD.

1n :@ 'pril !!@ the Honourable Minister of Human Resources refethis court a trade dispute between the parties under s. :+):* of theRelations 'ct !+. The dispute concerned the alleged unilateral rethe terms and conditions of ser$ice of employees of the company wfrom January !!:. The company denied this.

't the outset the company also raised a preliminary ob3ection thatthe union had no locus standi to espouse the unions claim and thealso re9uested particulars and proof which of the companys emplo

members of the union as at January !!:.


22/58

ETTEME0T 1n : 1ctober !! learned counsel for the parties informed ththat the parties ha$e settled the dispute amicably and signed amemorandum of agreement on :D 1ctober !!. ' copy of thememorandum of agreement was then tendered into court. earncounsel re9uested the court to hand down a consent award in tethe memorandum of agreement.

The court is pleased to hand down a consent award in terms of

memorandum of agreement which is anne;ed hereto as the 'nn


23/58

):* ' trade union of wor2men may ser$e on an employer or on a trade u

employers in writing in the prescribed form a claim for recognition in reswor2men or any class of wor2men employed by such employer or by thof such trade union of employers.

)@* 'n employer or a trade union of employers upon whom a claim for rehas been ser$ed shall, within twenty%one days after the ser$ice of the c

)a* accord recognition7 or

)b* if recognition is not accorded, notify the trade union of wor2men conwriting the grounds for not according recognition7 or

)c* apply to the /irector "eneral to ascertain whether the wor2men in rewhom recognition is being sought are members of the trade union of woconcerned and gi$e a written notice of such application to such trade unwor2men.


24/58

)D* -here the trade union of wor2men concerned recei$es a notication und)@*)b*, or where the employer or trade union of employers concerned fails tosubsection )@*, the trade union of wor2men may report the matter in writing/irector "eneral.

)D'* The /irector "eneral, upon receipt of a reference under subsection )'*application under paragraph )@*)c*, or a report under subsection )D* may ta2

or ma2e such en9uiries as he may consider necessary or e;pedient to resol$+ aws of Malaysia 'CT

)D#* =or the purpose of carrying out his functions under subsection )D'* the "eneralG

)a* shall ha$e the power to re9uire the trade union of wor2men, the employetrade union of employers concerned to furnish such information as he may cnecessary or rele$ant7 and

)b* may refer to the /irector "eneral of Trade Unions for his decision any 9uecompetence of the trade union of wor2men concerned to represent any wor2of wor2men in respect of whom recognition is sought to be accorded, and thperformance of duties and functions by the /irector "eneral of Trade Unionsparagraph shall be deemed to be a performance of his duties and functions written law relating to the registration of trade unions.

)DC* -here the matter is not resol$ed under subsection )D'* the /irector "enotify the Minister.


25/58

)(* Upon receipt of a notication under subsection )DC* the Minister sdecision thereon7 where the Minister decides that recognition is to besuch recognition shall be deemed to be accorded by the employer orof employers concerned, as the case may be, as from such date as thmay specify7 a decision of the Minister under this subsection may inc

decision as to who are wor2men employed in a managerial, e;ecuti$econdential or security capacity.

)+* ' decision of the Minister under subsection )(* shall be nal and s9uestioned in any court.


26/58

ection >. )* for whate$er reason during the pendency of procesection !, or after the decision of the Minister thereunder by reason of any dissuch decision. Industrial Relations

):* 0o employer shall declare a loc2%out or terminate the ser$ices of a wor2munion of wor2men has ser$ed on the employer or a trade union of employers employer belongs a claim for recognition under subsection !):* in respect of class of wor2menL


27/58

ection . Trade unionsaccorded recognition

-here a trade union has been accorded recognition in respect of a

wor2man or class of wor2men whether by a decision of the Ministeotherwise no other trade union shall ma2e any claim for recognitionrespect of the same wor2man or class of wor2men unless a period years has elapsed after such recognition has been accorded or the union which has been accorded recognition is no longer in e;istenc

ti : T d i t


28/58

ection :. Trade unions notaccorded recognition

-here a claim for recognition under subsection !):* is resol$ed und

subsection !)D'*, or where a decision thereon has been made by thunder subsection !)(*, resulting in the trade union of wor2men conbeing accorded recognition, such trade union shall not ma2e any fuclaim for recognition until si; months ha$e elapsed from the date oresolution or decision.


29/58

:+. Membership of minors. )* ub3ect to the pro$isions of this 'ct, a person under the age of twenty%one, age of si;teen, may be a member of a registered trade union, unless pro$ision the rules thereof to the contrary, and may, sub3ect to the rules of the trade uniothe rights of a member e;cept as herein pro$ided, and e;ecute all instruments

ac9uittances necessary to be e;ecuted or gi$en under the rules, but shall not bof the e;ecuti$e or a trustee of a registered trade unionL


30/58

):* ' member of a trade union who has not attained the age of eigh

years shall not be entitled to $ote on any of the following matters%

)a* stri2es and loc2%outs and all matters relating thereto7

)b* the imposition of a le$y7

)c* dissolution of the trade union or of the federation with which it iconnected7

)d* amendment of the rules of the trade union where such amendmresults in increasing the liability of the members to contribute or indecreasing the benets to which members are entitled.

:. Mem ers p o pu c o cers an emp oh i i


31/58

p p pstatutory authorities.

)* ub3ect to subsection ):*, no public o?cer shall 3oin or be a member of aunion or shall be accepted as a member of any trade union.

):* The Pang di%


32/58

)@* )a* 0o person employed by a statutory authority shall 3oin or be a member of, or be amember by any trade union unless the membership of that trade union is conned e;cluemployed by that particular statutory authority.

)aa* 0otwithstanding subsection )@* )a*, any person employed by a statutory authority w

)i* holds any post in the Managerial and


33/58

)D* 0otwithstanding subsection )@*, but sub3ect to paragraph )aa* there

)a* employees of a nancially autonomous local authority may 3oin or bof a trade union whose membership is conned e;clusi$ely to employemore such nancially autonomous local authorities7

)b* employees of statutory authorities other than employees of local aumay with the appro$al of the Minister 3oin or be members of a trade unmembership is conned e;clusi$ely to employees of one or more nanautonomous local authorities.

)(* 'ny 9uestion under subsection ):* or )@* as to whether a person is econdential or security capacity shall be decided by the Chief ecretary"o$ernment.

)+* 'ny person or a group of persons who ha$e sought a direction of thecretary to the "o$ernment under subsection ):* )f* or under subsect)i*, and ha$e failed to obtain such direction, or any person dissatised decision of the Chief ecretary to the "o$ernment under subsection )(within thirty days of the failure to obtain such direction, or of such decicase may be, appeal to the Minister responsible for public ser$ices, whthereon shall be nal and conclusi$e.


34/58

)* 'ny person who, immediately before the commencement of his subsection, is a meunion but is dis9ualied from being a member thereof by $irtue of subsection ):* )a* toof subsection )@* )aa*, shall cease to be a member thereof upon the e;piry of si; montcommencement of this subsection, sa$e that%

)a* in the case of a person to whom paragraph )f* of subsection ):* applies, such persoto be a member thereof if within such period of si; months he obtains the direction of ecretary to the "o$ernment under the said paragraph )f* and is e;empted by a notic

Pang di


35/58

:4. 1?cers. )* ' person shall not be or act as a member of the e;ecuti$e of a trade union or any bor of any federation of trade unions, and shall be dis9ualied for election as such mem

)a* he is not a citien of the =ederation7

)b* S/eleted by 'ct '@:D

)c* he has been a member of the e;ecuti$e of any trade union the registration of whiccancelled or withdrawn under section ( )* )b* )i$*, )$* or )$i* or under any law repeal

)cl* he is an o?ce%bearer or employee of a political party7

)d* he has been con$icted by any court of law of criminal breach of trust, e;tortion or of an o8ence under section D!,(> or (>' which in the opinion of the /irector "eneral unt to be an o?cer of a trade union7 or

)e* he is a ban2ruptL


36/58

. uspension of a branch otrade union.

)* The /irector "eneral may, if he is satised that a branch of a trade

contra$ened the pro$isions of this 'ct or the rules of the union, by ordesuspension of such branch.

):* The order of suspension made under subsection )*%

)i* may contain such directions as the Registrar may consider e;pedien

)ii* shall be deemed to be duly ser$ed if it is deli$ered at the registeredthe trade union or if it is ser$ed personally on any o?cer of the branch

)@* The order of suspension may at any time be re$o2ed by the /irecto )D* Until the order of suspension is re$o2ed by the /irector "eneral, thethe trade union in respect of which the order of suspension is made, shprohibited from carrying on any acti$ity, e;cept as may be specied in of suspension.


37/58

4.


38/58

)D* ' direction gi$en under subsection )@*%

)a* may at any time be $aried or re$o2ed as the Minister deems necessary or e

)b* shall be $alid and ha$e full force and e8ect notwithstanding anything inconstherewith or contrary thereto contained in this 'ct.

)(* 'n order under subsection )* may at any time be $aried or re$o2ed by the

)+* ub3ect to any direction gi$en by the Minister under subsection )@*, until ansuspension is re$o2ed by the Minister%

)a* the certicate of registration of the trade union in respect of which the ordesuspension is made shall cease to ha$e e8ect and the trade union shall cease tof the rights, immunities and pri$ileges of a registered trade union7

)b* the trade union shall be prohibited from carrying on any acti$ity whatsoe$er

)c* no person shall ta2e any part in its management or organisation, or act or pon behalf of the union or as an o?cer of the union.

)* 'n order or direction of the Minister under this section shall be nal and con

)4* 'ny person who contra$enes the pro$isions of subsection )+* or any directiosubsection )@* shall be guilty of an o8ence and shall, on con$iction, be liable toe;ceeding three thousand ringgit, or to imprisonment for a term not e;ceedingor to both.


39/58

!. Conse9uences of failure to register or ocancellation of registration.

If any trade union does not apply for registration in due time, or if the registratiounion is refused, withdrawn or cancelled by the /irector "eneral or is rendered n

by a decision of any court, then%

)a* the trade union shall be deemed to be an unlawful association and shall ceasany of the rights, immunities, or pri$ileges of a registered trade union, but withoto any liabilities incurred or to be incurred by the trade union which may be enfothe union and its assets7

)b* the trade union shall not, nor shall any of its o?cers, members or agents on union, ta2e part in any trade dispute or promote, organise or nance any stri2e opro$ide pay or other benets for its members during a stri2e or loc2%out7

)c* the trade union shall be dissol$ed and its funds disposed of in such manner aprescribed and, sub3ect thereto, in accordance with the rules of the union7 and

)d* no person shall, e;cept for the purpose of dissol$ing the union and disposingaccordance with the rules or for the purpose of an appeal under section ' agarefusal, withdrawal or cancellation, ta2e any part in its management or organisapurport to act on behalf of the union or as an o?cer of the union.


40/58

D:. 0otication of dissolution -hen a registered trade union is dissol$ed $oluntarily, notice of the

dissolution signed by se$en members and by the secretary of the tshall, within fourteen days of the dissolution, be sent to the /irectoand shall be registered by him if he is satised that the dissolution e8ected in accordance with the rules of the trade union and this 'cregulations made thereunder7 and the dissolution shall ha$e e8ect date of such registration.

RI"HT '0/ I'#IITIE 1=


41/58

RI"HT '0/ I'#IITIE 1= TR'/E U0I10 :@. iability in contract.

E$ery registered trade union shall be liable on any contract enteredor by an agent acting on its behalf7


42/58

:(.


43/58

:('. tri2es and loc2%outs.)* 0o trade union of wor2men shall call for a stri2e, and no member thereof shall go onno trade union of employers shall declare a loc2%out%

)a* in the case of a trade union of wor2men, without rst obtaining the consent by secreleast two%thirds of its total number of members who are entitled to $ote and in respect stri2e is to be called7 and in the case of a trade union of employers, without rst obtainballot the consent of at least two%thirds of its total number of members who are entitled

)b* before the e;piry of se$en days after submitting to the /irector "eneral the results ballot in accordance with section D> )(*7

)c* if the secret ballot for the proposed stri2e or loc2out has become in$alid or of no e8of section D> ):*, )@*, )+* or )!*7

)d* in contra$ention of, or without complying with, the rules of the trade union7

)e* in respect of any matter co$ered by a direction or decision of the Minister gi$en or mappeal to him under this 'ct7 or

)f* in contra$ention of, or without complying with, any other pro$ision of this 'ct or anyany other written law.


44/58

):* 'ny trade union which, and e$ery member of its e;ecuti$e who, cpromotes, organises or nances any stri2e or loc2%out which is in conof subsection )* shall be guilty of an o8ence and shall, on con$ictionto a ne not e;ceeding two thousand ringgit, or to imprisonment for ae;ceeding one year, or to both, and a further ne of one hundred ring

e$ery day during which such o8ence continues.)@* 'ny member of a trade union of wor2men who commences, particotherwise acts in furtherance of, any stri2e which is in contra$ention subsection )* shall forthwith cease to be a member of the trade uniothereafter such member shall not be eligible to become a member ofunion e;cept with the prior appro$al of the /irector "eneral in writingtrade union of which he has so ceased to be a member shall forthwith

)a* remo$e the name of such member from its membership register7

)b* inform the /irector "eneral and the member concerned of such re

)c* e;hibit conspicuously in its registered o?ce in a place where it maread a list of members whose names are so remo$ed.

)D* Th /i t " l h h i ti d th t b ti )


45/58

)D* The /irector "eneral may, where he is satised that subsection )contra$ened by any person and the trade union concerned has failedthe pro$isions of subsection )@*, or where there is undue delay in so dsuch in$estigation as he deems necessary, order the trade union to rforthwith the names of the members concerned from its membership

)(* The satisfaction of the /irector "eneral under subsection )D* that )* has been contra$ened by any person may be arri$ed at regardleswhether or not there is any prosecution of any person for contra$entisaid subsection )*.

)+* 'ny registered trade union which, and e$ery member of its e;ecufails to comply with subsection )@* or with an order of the /irector "esubsection )D* shall be guilty of an o8ence and shall, on con$iction, b

ne not e;ceeding one thousand ringgit, and a further ne of one huringgit for e$ery day during which such o8ence continues.

)* In e$ery proceedings for an o8ence under this section the onus ofthat the re9uirements specied in subsection )* ha$e been compliedbe on the trade union, the member of its e;ecuti$e or the member ofunion, as the case may be.

D. Rights of wor2men and employers


46/58

D. Rights of wor2men and employers)IR' !+*

)* 0o person shall interfere with, restrain or coerce a wor2man or anin the e;ercise of his rights to form and assist in the formation of and

union and to participate in its lawful acti$ities.):* 0o trade union of wor2men and no trade union of employers shalwith each other in the establishment, functioning or administration ofunion. )

@* 0o employer or trade union of employers and no person acting on such employer or such trade union shall support any trade union of wnancial or other means, with the ob3ect of placing it under the contr

inBuence of such employer or such trade union of employers.

adang egaria /0 #H/ 0apsie 0


47/58

adang egaria /0 #H/ 0apsie 0section D)*

=acts of this case are due to due to unfair legal practise.

Court held that he contention that the claimant was engaged in illeacti$ity based solely on the ground that the union had not been recby the estate is also wholly misconcei$ed. The recognition of a lawfregistered union under ns. ! of the Industrial Relations 'ct !+ cupon the union the right to re9uire an employer to enter into negota collecti$e agreement. It does not mean pending such negotiationunion or any of its o?cials are prohibited from engaging in any of it

legitimate acti$ities altogether.

=U0/ '0/ 'CC1U0T


48/58

=U0/ '0/ 'CC1U0T (>. 'pplication of funds.

)* The funds of a registered trade union may, sub3ect to the rules thereof and to thise;pended only for the following ob3ects%

)a* the payment of salaries, allowances and e;penses to o?cers and employees of th

)b* the payment of costs and e;penses of the administration of the trade union includthe account of the funds of the trade union7

)c* the prosecution or defence of any legal proceeding to which the trade union or anthereof is a party, when such prosecution or defence is underta2en for the purpose ofprotecting any right of the trade union as such or any right arising out of the relationsmember with his employer, or with a person whom the member employs7

)d* the e;penses incurred in the settlement of disputes under


49/58

) * p y p , p , yregistered under


50/58

(>'. Collection of funds andmoneys.

)* 0o trade union shall enter into any agreement with any person

such person underta2es to raise funds or collect moneys for or on bthe trade union e;cept with the prior appro$al in writing of the /ire"eneral and sub3ect to such conditions as he may impose.

):* ubsection )* shall not apply to any agreement where an empldeductions from the wages of his wor2men for payment to a trade account of subscriptions.

(.


51/58

p ynes of penalties.

The funds of a registered trade union shall not be applied either dir

indirectly in payment of the whole or part of any ne or penalty impupon any person by sentence or order of a court.

(:.


52/58

for political ob3ects. )* The funds of a registered trade union shall not be applied either directly or indirpayment whatsoe$er to a political party or in furtherance of any political ob3ect.

):* The e;pression political ob3ect referred to in subsection )* includes%

)a* the payment of any e;penses incurred either directly or indirectly by a candidatprospecti$e candidate for election to the /ewan Ra2yat or any /ewan Undangan 0during or after the election in connection with his candidature or election7

)b* the holding of any meeting or the distribution of any literature or documents in any such candidate or prospecti$e candidate7

)c* the maintenance of any person who is a member of the /ewan Ra2yat or any /

Undangan 0egeri7 )d* the registration of electors or the selection of a candidate formembership of the /ewan Ra2yat or any /ewan Undangan 0egeri7

)e* the holding of political meeting of any 2ind, or the distribution of political literatpolitical documents of any 2ind7 or

)f* any ob3ect which the Minister may by notication in the "aette specify

(@. In3unction to restrain mis


53/58

3of funds.

'n in3unction restraining any unauthoried or unlawful e;penditure

funds of a registered trade union may be granted on the applicatio$e persons ha$ing a su?cient interest in the relief sought, or of th"eneral, or of the


54/58

registered trade union )* -here a notice has been gi$en by the /irector "eneral to a trade union under):'*, the /irector "eneral may, where he is satised that it is li2ely that the fundsmay be misused, by order direct any ban2 in Malaysia not to pay any money out oche9ues drawn on the account of such union for a specied period not e;ceeding

):* 'ny o?cer of the ban2 who complies with an order of the /irector "eneral undsubsection )* shall be relie$ed of any liability to any other person in respect of thprohibited by such order.

)@* The manager of any ban2 which fails to comply with an order of the /irector "under subsection )* shall be guilty of an o8ence and shall, on con$iction, be liablnot e;ceeding three thousand ringgit, or to imprisonment for a term not e;ceedin

years, or to both.)D* The /irector "eneral shall cause to be published in the "aette the name of aunion in respect of which any order is made under subsection )*.

)(* , )+* A )* )Repealed*

((. /uty to render accounts.


55/58

)* E$ery treasurer of a registered trade union and e$ery other o?cer and emplois responsible for the accounts of the union or for the collection, disbursement, cof the funds or moneys thereof, shall enter or cause to be entered in the accounta record of all receipts by and payments out of the funds of the union and shall, u$acating his o?ce or employment and at least once in e$ery year at such time asspecied by the rules of the union and at any other times at which he may be re9by a resolution of the members of the union or by the rules thereof, or by the /irrender to the union and its members or to the /irector "eneral, as the case may true account of all moneys recei$ed and paid by him during the period which hasthe date of his assuming o?ce, or if he has pre$iously rendered an account, sincupon which he rendered such account, and of the balance remaining in his handsrendering such account and of all bonds, securities, or other property of the tradeentrusted to his custody or under his control.

):* The form of account may be prescribed by regulations.

)@* The account shall be $eried by statutory declaration, and the union shall cauto be audited by some t and proper person appro$ed by the /irector "eneral.

)D* 'fter the account has been audited, the treasurer or other o?cer or employeesubsection )* shall forthwith hand o$er to the trustees of the union, if re9uired bsuch balance as appears to be due from him, and also, if so re9uired, all bonds, se8ects, boo2s, papers and property of the union in his hands or custody, or othercontrol.

(+. 'nnual returns to be prepared as /i"eneral may direct


56/58

"eneral may direct. )* ' general statement audited in the manner prescribed by regulations of the receipts, fundse;penditure of e$ery registered trade union in respect of the period of twel$e months ending oof March in each year shall be transmitted to the /irector "eneral before the rst day of 1ctoband shall show fully the assets and liabilities at that date, and the receipts and e;penditure dupreceding the date to which it is made out, of the trade union, and shall show separately the e

respect of the se$eral ob3ects of the trade union, and shall be prepared and made out up to suform, and shall comprise such particulars, and the /irector "eneral may from time to time re9member of, and depositor in, any such trade union shall be entitled to recei$e, on application tsecretary of that trade union, a copy of such general statement, without ma2ing any payment

)'* The general statement referred to in subsection )* shall be $eried by statutory declaratishall cause the general statement to be audited by some t and proper person appro$ed by th


57/58

):* Together with the general statement referred to in subsection )*, the secretaryregistered trade union shall furnish to the /irector "eneral a copy of all alterations amendments of rules, and of all new rules, and a list of all changes of o?cers, madduring the period of twel$e months preceding the said thirty%rst day of March, andrules of the trade union in force, and particulars of its membership, on that day.

)@* E$er member of a registered trade union shall be entitled to recei$e free of cha

the general statement referred to in subsection )* and the secretary of each registunion shall deli$er a copy of such statement to e$ery member of his union who mato him therefor.

)D* E$ery registered trade union and president, secretary and treasurer of the regisunion who fails to comply with any of the re9uirements of subsection )* shall be 3ose$erally guilty of an o8ence and shall, on con$iction, be liable to a ne not e;ceedhundred ringgit for each day or part of a day during which the default continues7 ansecretary of a registered trade union who fails to comply with any of the re9uiremesubsections ):* and )@* shall be guilty of an o8ence and shall, on con$iction, be liab

e;ceeding one hundred ringgit for each day or part of a day during which the defau

)(* E$ery person who wilfully ma2es or orders or causes or procures to be made anor omission from any account of a registered trade union or general statement, copdeli$ered to the Registrar under subsections )* and ):* shall be guilty of an o8encecon$iction, be liable to a ne not e;ceeding one thousand ringgit, or to imprisonmenot e;ceeding si; months, or to both.


58/58

(. Keeping and inspection of accounts and r

)* E$ery registered trade union shall cause to be 2ept such account booother records as may be prescribed by regulations.

):* The boo2s or records referred to in subsection )*, the records of a traproceedings, and a list of its members shall at all reasonable times be opinspection by any member of the trade union, or any person ha$ing an inthe funds of the trade union, or the /irector "eneral.

)@* The /irector "eneral may, acting for a member or on his own behalf, particular case, order the account boo2s and other records of a trade unimade a$ailable for inspection or audit by a t and proper person appro$e

)D* E$ery trade union which, and e$ery member of its e;ecuti$e who, consubsection )* or ):* or fails to comply with any order under subsection )guilty of an o8ence and shall, on con$iction, be liable to a ne not e;ceethousand ringgit, or to imprisonment for a term not e;ceeding si; month

Documents

trade union in malaysia employment law