‘Remove intimidation clauses in Trade Union Amendment Bill’
A new schedule introduced in the proposed amendments to the Trade Union (Amendment) Bill 2022 lists Penal Code offences which were unjustified and a form of intimidation to the labour movement, says the Labour Law Reform Coalition (LLRC).
The coalition which represents 58 trade unions and worker rights NGOs in Malaysia handed over a memorandum to the Human Resources Ministry yesterday, listing seven demands of the amendment bill.
The coalition also called for the bill to be read during the July-August Parliament sitting to expedite its implementation.
LLRC co-chairperson Gopal Kishnam (above, second from left) said among the demands was the removal of the newly introduced Fourth Schedule in its entirety.
The Fourth Schedule listed Penal Code offences such as waging war against the Yang di-Pertuan Agong, carrying out activity detrimental to parliamentary democracy, directing activities of terrorist groups and assisting an organised criminal group.
“Given that the Penal Code applies to all persons in the country, it is suspicious that the government should aspire to include these select provisions in the Act and we view it as an attempt to intimidate the labour movement.
“These Penal Code provisions paint an unfair picture of the labour movement as organisations that can potentially risk national security, especially when...
A new schedule introduced in the proposed amendments to the Trade Union (Amendment) Bill 2022 lists Penal Code offences which were unjustified and a form of intimidation to the labour movement, says the Labour Law Reform Coalition (LLRC).
The coalition which represents 58 trade unions and worker rights NGOs in Malaysia handed over a memorandum to the Human Resources Ministry yesterday, listing seven demands of the amendment bill.
The coalition also called for the bill to be read during the July-August Parliament sitting to expedite its implementation.
LLRC co-chairperson Gopal Kishnam (above, second from left) said among the demands was the removal of the newly introduced Fourth Schedule in its entirety.
The Fourth Schedule listed Penal Code offences such as waging war against the Yang di-Pertuan Agong, carrying out activity detrimental to parliamentary democracy, directing activities of terrorist groups and assisting an organised criminal group.
“Given that the Penal Code applies to all persons in the country, it is suspicious that the government should aspire to include these select provisions in the Act and we view it as an attempt to intimidate the labour movement.
“These Penal Code provisions paint an unfair picture of the labour movement as organisations that can potentially risk national security, especially when only 2.12 percent of the private sector is organised.
“The government may be professing to embrace freedom of association but they seem to be acting in bad faith with such intimidatory tactics,” explained Gopal.
Gopal, who is secretary-general of the National Union of Transport Equipment and Allied Workers in Malaysia, said similarly, other new provisions like subsection 15(1)(d) and 76C are described as a check on trade unions but instead had the potential to disable trade unions.
He said these new provisions were in contradiction with Article 3 of the International Labour Organisation Convention 87 which promoted the freedom of association and protection of the rights to organise.
Article three of the convention clearly restricts interference by public authorities which would impede the lawful activities of trade unions to draw up their constitutions, elect representatives, organise their administration and activities, and formulate their programmes.
For similar reasons, the coalition called for the removal of Sections 7(1), 12(3)(d), 63A to 63E which gave the director-general new powers to control, examine and monitor unions by checking their premises and demanding records.
General workers’ unions
However, the coalition welcomed the most significant amendment, which was the removal of restrictions on the formation of a trade union based on trade, occupation or industry.
This meant that, if implemented, trade union membership would not be restricted as what was currently being practised in Malaysia where, for example, the National Union of Journalists (Peninsular Malaysia) could only organise within the profession of journalists.
With the new changes, and just by amending their respective constitutions, trade unions would also be able to merge and become inclusive of workers from any industry or company like the GMB (460,000 members) and the Transport and General Workers’ Union (900,000 members) in the United Kingdom.
In Australia, one of its oldest and largest is the Australian Workers’ Union which has approximately 80,000 members.
According to ILO, 157 countries have ratified Convention 87, from as early as 1950 by Iceland, 1951 by Pakistan and 1953 by the Philippines.
“All trade unions have to do is amend their respective constitutions which is not a hindrance as the constitutions needed to align with the law as well.
“Since its inception in 1949, the Malaysia Trades Union Congress (MTUC) has been campaigning for the ratification of this convention, as in the early 1940s, there were many general unions in the country.
“In the long run, we believe this freedom of association will benefit the 94 percent of the workforce that has not been organised yet,” he said.
However, the multiplicity of trade unions – where there are two or more trade unions represent different workers in the same workplace – is the most contentious area of change with many trade unionists strongly opposing its implementation.
On July 14, the Coalition Against Multiplicity of Unions (Camu), which represents 40 trade unions including National Union of Bank Employees and National Union of Flight Attendants Malaysia, said that multiplicity threatened to shrink unionisation.
It called for the postponement of the second reading of the Trade Union (Amendment) Bill and to instead hold consultative talks with trade unions.
General trepidation
However, the Labour Law Reform Coalition disagree.
“Simply put, the freedom of association provides every worker with the right to choose the trade union of their choice even if it was in a different sector. Now, workers from the electronics sector can join the metal union.
“Nothing wrong in healthy competition and if you were serving in the best interest of the workers, your membership would not leave,” Gopal said, responding to the general trepidation among unionists of increased competition in a single workplace.
In many countries that promote the freedom of association which inadvertently spurred the setting up of multiple unions in a single workplace, Gopal said, trade unions acting in the best interest of the workers, would form a single bargaining team.
“In countries like Indonesia, the formation of a bargaining team as provided for in their respective constitution will negotiate for improvement of rights on behalf of all the workers in the company.
“They will first come up with terms all can agree upon before approaching the employer and this is part of the democratic process which is similar to what we witness in our local political environment,” he explained.
While there was numerous misinformation about the multiplicity of unions to debunk, Gopal said the most common one was that it destroyed trade unions.
“To make such claims was an insult to the ILO convention itself,” said Gopal.
“And in countries that allow multiple unions, trade unions merge into bigger and more effective unions as workers are empowered to choose the best unions to represent them.
Are you sure you want to delete this comment?
This action cannot be undone.