corrected version

An Umno member of Parliament is seeking legal action against the government and the National Textile and Garment Union to prevent a textile company from setting up a union.

Johor NTGU secretary-general Bosco Augustine said MP for Bagan Datoh Ahmad Zahid Hamidi, who is also the chairperson of the board of directors for Ramatex Sdn Bhd, has filed a case against the Human Resources Ministry and NTUG on Sept 23 to stop the union from being recognised.

Augustine said this happened despite the fact that the union has received recognition from the Director-General of Trades Union in Kuala Lumpur.

Saying Zahid's 'challenge' was unprecedented in the textile industry, Augustine added that the employees have also managed to gain approval from the ministry to set up a union as 69 percent of them had signed up as members.

"However the management was unsatisfied with the results and designed their own survey form to gauge their workers' response to the union. While they interviewed the workers, they also interrogated and threatened the workers one by one," Augustine told malaysiakini .

"This act contravenes Article 10 of the Federal Constitution which guarantees freedom of association for workers. How can any MP do this? Is he fit to be the chairperson of the board of directors?" Augustine queried.

Angered by the company's conduct, the workers planned a picket to protest the usage of the survey form which they considered 'illegal', said Augustine.

Domestic inquiry

However, the company suspended 120 workers after the in-house survey showed that most of its employees preferred to form a union, he added.

"A domestic inquiry was subsequently carried out and the management dismissed 27 employees who were actively involved in union activities," said the MTUC official.

Augustine further said Zahid in his letter to the ministry had also accused him of "instigating a fire in the plant and causing damage to the company's car".

"I have not received notice of this yet but will be seeking legal action against the MP if necessary," he said.

Ramatex is a public-listed company set up since 1990 and employs 1,800 workers of whom 60 percent are male employees.

Augustine said despite the company registering a profit of RM50 million last year, it is planning to reduce the income of its workers from 10 to 20 percent of the monthly salary or 14 days' pay cut, giving the 'excuse' that the move was due to the current economic downturn.

When contacted, Zahid said he had no problems setting up an in-house union but was against the forming of a union affiliated with the national union.

"Ramatex have plants in other countries such as Indonesia and it would be easier to deal with employees if they have an in-house union instead of a national one," he told malaysiakini .

Protect workers

Meanwhile, Augustine said Article 10 is sufficient to protect the workers' need to form in-house unions but problems arise when employees take advantage of the law by exploiting its loopholes.

"When cases go to court, judgments take a long time and this frustrates the workers. It kills their fighting spirit," he said.

Augustine said the only way to salvage the situation and encourage a pro-union environment is for the courts or the Attorney-General's Chambers not to entertain cases challenging the ministry's approval to set up unions.

However, he said, companies may take the opportunity to replace their workers with foreigners who will not pose a threat to them, as in the garment industries where 90 percent employ mostly foreign workers.

This trend is growing, he added, because it was the general perception of employers that unionised workers tend to be less productive, hostile, demanding and unreasonable.

Correction

: Please take note that the original article has been corrected. It is not MTUC that is being sued, as originally reported, but NTGU. We apologise for our error.