It is now widely-known that the Ministry of Human Resources (MHR), in an effort spearheaded by the minister himself, is proposing amendments to the labour laws of the country which would have the effect of dehumanising the Malaysian workforce, stifling trade union activities and ultimately depressing the wage levels of Malaysian.

One must realise that only just about two years ago, the labour laws were further amended to the disadvantage of the workers and unions and, frankly, to the advantage of the employers. In fact, we still have not recovered from those changes nor do we know what the long term implications of these changes are. Instead, we are now faced with further proposals to amend the labour laws in various areas again.

It is our considered view that such efforts to continuously amend the labour laws - especially amendments to the detriment of the workers and unions - are directly opposed to the principal objectives of the New Economic Model, which is to develop a high-income society. It is also diametrically opposed to the concept of ‘1Malaysia’ which is to develop an inclusive Malaysian society.

The MHR has been misled by the purported intent to amend the laws to be in tune with the current and future business environment. This cannot be further from the truth. The MHR should reflect on what is going on globally, especially since the global financial crisis. Ordinary workers’ monies were used to bail out large corporations and then save the global economy from a total meltdown.

All the major economies are looking at placing curbs on corporate behaviour and increasing worker and consumer protection. Greater cohesion of competing groups in society with differing interests is being sought whereas the efforts of the MHR seem to be a step backward for the county and contrary to the trends globally.

A fundamental point which has to be recognised is that business exists for and because of society - not the other way around. Business and corporate interests have to serve the larger and better interest of society.

The Malaysian Employers Federation (MEF) has lauded the proposed amendments which clearly show that the ministry has favoured employers. Many of these employers are foreign-owned companies where their aim is to maximise profits and there is no real interest in the development of the country or Malaysian society. The government, specifically the MHR, should be looking towards protecting the interest of the Malaysian society.

The intent of the MHR, working in tandem with employers, to cripple trade union rights is a blatant violation of basic human rights. The arrogance of the officers of the MHR typifies this objective. Trade unions have to be independent and not exist at the pleasure of the MHR or employers.

For an effective and meaningful working of the industrial relations system in this county, the laws must be seen to be unbiased and for the benefit of the larger society which in this context means the Malaysian workers and together with this the courts in that the Industrial Court must be independent and fair so that confidence in the court system by the general public shall remian.

But with this practice of the president of the Industrial Court participating in a weekly meeting with officials of the MHR and the minister, this exhibits the lack of independence of the Industrial Court. It is clear that the executive of this county, through the MHR, is influencing

the Industrial Court system in this country. This impacts adversely on workers, trade unions and the larger interest of society.

The separation of powers between the legislature, executive and the judiciary is the cornerstone of a democratic system. In this regard, the conduct of the previous Industrial Court president where an attempt had been made to interfere in the administration of a union which had no relevance to the matter brought before the court by the union warrants mention.

Such conduct is blatantly unethical and should have been censured by the government as it undermines the principle of the separation of powers. All such misdeeds perpetrated by the MHR are causing misery to Malaysian workers. This must be avoided as it is against both the NEM and ‘1Malaysia’.

The Prime Minister's Department should curb the abuses of the MHR. If the proposals for the adverse amendments go through, there is a high possibility that 11.5 million Malaysian workers may look to be led by an alternate government to ensure that their interests are protected.

The writer is secretary-general, National Union of Bank Employees (Nube).