Several proposed amendments to the Trade Unions Act 1959 have put unionists on alert for a possible attempt to gain control over the labour movement.

The Malaysian Trades Union Congress (MTUC), in providing preliminary feedback to the Human Resources Ministry, has strongly objected to major changes that it fears could turn the Director-General of Trade Union (DGTU) into a " labour supremo ".

Its position was submitted in writing to the Human Resources Ministry on March 22, addressed to DGTU Mohd Zubir Mohd Basri. A copy was sent to ministry secretary-general Dr P Manogran.

The proposed amendments have also been sent to the Malaysian Employers Federation and the public sector umbrella union, Cuepacs, for comments. A briefing was held for representatives of all relevant groups last month.

The MTUC rejected almost half of the 49 amendments proposed by the government and wants additional comments, clearer definition of specific terms and several counter-proposals to be considered for the remainder before the draft is finalised.

A main concern is over a new section - 57A - that would grant the DGTU extensive inspection powers including the authority to seize a trade union's register, books, documents, equipment and other articles as well as to question its officials and employees.

The MTUC, which represents over 200 private sector trade unions, described the section as "a draconian proposal".

"(This is) an instrument of law that can be easily abused. (It goes) against democratic principles," the MTUC stated in its preliminary response.

"(The) proposal is an instrument of intimidation, victimisation, harassment and threat. (It) will hang as a Sword of Damocles over all the officers and employees of trade unions. (It) also usurps the (powers contained in the) Criminal Procedure Code and under the Police Act."

Specific objections

The MTUC is firmly opposed to the addition of five sub-sections to Section 57 pertaining to investigation methods, summonses and recorded statements, search warrant and the power to search and seize without a warrant. Section 57 now provides for the keeping and inspection of accounts and records.

It is also unhappy over a proposed change to Section 38(3). This currently requires more than half of the membership to approve any alterations to trade union rules pertaining to an increased liability, except subscription fee, or loss of benefits.

Decrying the move to include the payment of subscription in the clause, the MTUC said this should not have been made at all.

"... the government conceded, at the time when the current Act was put in place, not to include subscription. This (sets) the clock back."

There is further contention over a proposal to amend Section 34(2) to allow the DGTU to reject any trade union registration where the name being proposed does not reflect the scope of membership.

Rejecting this, the MTUC said: "It is impossible to link both 'name' and 'scope' ... as they (carry) different meanings.

"An amendment of this nature will open the union and the Department of Trade Union Affairs to litigation by unscrupulous employers for interpretation by the courts."

It said that 'name' would be a brief title of the union whereas the scope would contain the details.

The MTUC, citing the possibility of the public being misled, also wanted in-house unions to drop the use of the words 'Sdn Bhd' from the name.

"(Such words tend to) confuse people and other public bodies (who may think) that (in-house unions) are private companies registered under the Companies Commission of Malaysia."

The MTUC disagreed with proposed repeal of Section 28(1)(b) , which relates to the appointment of trade union officials. It insisted that a qualification period was necessary to ensure that candidates were genuine and not be left to "forces with ulterior motives".

On proposed repeal of Section 28(1)(d), which outlines factors disqualifying a member from holding office in a union, it said: "Technical offences should not be used to deprive (an individual of his or her) rights and liberty or to disenfranchise a person."

The proposal seeks to extend the conditions for disqualification to provisions that will cover the management of union assets, funds and investments.