Labour coalition: Amend law to let migrants become union leaders
In a memorandum to the Human Resources Ministry yesterday, the coalition put forth seven demands for the Trade Union (Amendment) Bill 2022 to include the right for foreign nationals to hold union office.
The coalition, which represents 58 trade unions, labour rights NGOs, and migrant communities in Malaysia, stated this was a...
The Labour Law Reform Coalition (LLRC) is calling for all workers in Malaysia, including foreign nationals, to be given the opportunity to become trade union office bearers.
In a memorandum to the Human Resources Ministry yesterday, the coalition put forth seven demands for the Trade Union (Amendment) Bill 2022 to include the right for foreign nationals to hold union office.
The coalition, which represents 58 trade unions, labour rights NGOs, and migrant communities in Malaysia, stated this was a principle adopted by the International Labour Organisation (ILO).
It also said this was implemented in countries like South Korea, Cambodia, Indonesia, and Hong Kong.
“This means that Malaysians working in South Korea, for example, can join a trade union there and hold office,” explained LLRC Co-chairperson N Gopal Kishnam.
Presently, migrant workers in Malaysia are only allowed to join a trade union.
The coalition pointed out that the ministry’s proposed amendments published in 2019 included the criterion, under Section 28, for migrant workers to hold union office as long as the worker has worked here for three years.
The coalition is proposing the condition be amended to allow migrant workers with one-year employment experience in Malaysia to be allowed to hold office in trade unions.
This, it said, will enable the workers to improve the protection of the migrant community in their respective workplaces.
The coalition added in its memorandum that both local and migrant workers needed time to build trust and work together.
Gopal said there were some sectors in Malaysia where migrant workers constitute the majority of the workforce, for example in plantation, construction, and rubber glove manufacturing.
“If 90 percent of workers in one workplace were migrant workers, like an electronics company I know of in Johor, who would represent them?” he asked.
He said such scenarios existed among small and medium-sized enterprises with fewer than 200 workers.
Disappointed with disrespect
The coalition’s memorandum was handed over in the lobby of the ministry building but not without demanding that space first.
LLRC representatives were initially told to hand over the document outside the building.
Gopal, who insisted they enter the building and be given a space to sit and verbally present their demands, said this was a blatant disrespect to workers and their right to be heard fairly.
The ministry's management officer, who explained there were no halls or meeting rooms available in the building for this handover to be held, relented and allowed the LLRC members into the lobby.
Gopal said it was unprofessional especially when the coalition was given an appointment by the ministry to go to its premises for the handover.
He added that government premises were operating on public funds and no one should be disrespected in such a manner.
Table the bill without delay
The Trade Union (Amendment) Bill 2022 is up for a second round in Parliament and the coalition called for it to be done in the upcoming July-August Parliament session.
The second reading would be the first opportunity for lawmakers to debate the principles of the proposed amendments.
It also called for the removal of a new schedule, the Fourth Schedule, which lists penal code offences.
The coalition said it was unjustified and a form of intimidation to the labour movement.
The coalition's other demands are as follows:
We support the amendments relating to freedom of association to ensure its compliance with ILO standards;
The fourth schedule and all related subsections such as 15(1)(d) and 76C should be removed;
Provisions that give the Director-General additional power to control, examine and monitor unions, such as 7(1), 12(3)(d), 63A, 63B, 63C, 63D and 63E, should be removed;
Section 12(1) should be amended to require the Director-General to respond to the application for registration of a trade union within 30 calendar days;
We support the removal of existing imprisonment terms but urge MOHR to maintain the fine amount, such as 18(8), 25A(2), 29(3), 49(3), 54(3), 56(5), 57(4), 61, 62(2), 71(4);
Section 31(1) should be amended so that unions can change their name through a general meeting or delegates conference.
