Fed up with Prime Minister Abdullah Ahmad Badawi’s refusal to listen to their demands, the Malaysian Trade Union Congress (MTUC) will seek an unusual court order to compel the government to ‘re-amend’ the labour laws amendments passed by the last parliament.

A team of lawyers is helping the country’s umbrella union to finalise the necessary legal papers to be submitted at the Kuala Lumpur High Court.

When filed, this will a test case for the Malaysian courts as such an order had never been issued before.

mayday mtuc 010506 sharir talking When asked whether the MTUC could achieve its legal objective, president Syed Sharir Syed Mohamud said the court application will be lodged based on the rights that already exist in the country’s human rights and constitution laws.

“We will file our case soon to secure a court order to force the federal government to obtain a fresh mandate from our august house of Parliament on the amendments,” he told Malaysiakini .

Among the key amendments, which were gazetted last February, was one that put a ceiling of 24-month back payment of wages plus deduction on post-earnings as the maximum amount of compensation that an industrial court could award a worker for wrongful and unlawful dismissal.

Previously, the Industrial Court has the discretion to award compensation as much as it deemed appropriate.

Another crucial amendment that MTUC seeks to re-amend is the balloting process required among workers for the recognition of their unions in their respective workplaces.

“We are questioning the legality of the amendments which have breached basic labour rights. According to several legal experts, this can be done. Let’s test the law and see what happens,” said Syed Sharir.

However, he declined to elaborate further on the matter as it was now a legal issue.

Advice sought from top legal brains

It is learnt that the union had sought advice from top legal brains in the country before deciding to seek court intervention on the government’s amendments, described by unionists as “gross infringements of basic workers’ rights”.

MTUC leaders decided on the unprecedented legal action at last week’s meetings of the General Council’s nine-member working committee and the 30-member executive council, both chaired by Syed Sharir.

Late last year, Parliament passed a series of amendments in both the Industrial Relations Act 1967 and the Trade Union Act 1959.

MTUC is particularly miffed by the federal government’s rejection of the workers’ views on the issue which have been aired, time and again, over the past two years.

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Apart from the amendments, which Syed Sharir described as ‘serious violation of labour rights’, MTUC also seeks a minimum monthly wage of RM1,200 and RM300 Cola (Cost of living allowance) for workers.

The MTUC, which had submitted a memorandum to the prime minister regarding their demands two years ago, has re-submitted it at a rally outside Parliament early this month.

The union said it had to resort to such a public protest as the government had shown no intention of taking steps in meeting the workers’ demands.

Abdullah has earlier shot down the workers’ demands citing runaway inflation and limited government funds.

He said MTUC’s demands were difficult to meet as the government was responsible for taking care of the country’s economy and to control inflation.

However, MTUC insists that the government should review its stand on the minimum wage and Cola, especially in view of escalating prices of goods and services.

Unhappy for not being consulted

MTUC leaders are also unhappy with the government's failure to discuss the proposed changes with the union before amending the labour laws.

The umbrella body is the workers’ representative in the tripartite meeting that also involves the government and employers.

"It’s disappointing to note that the prime minister and the then human resources minister (Fong Chan Onn) did not bother to discuss the proposed amendments with us before tabling the amendment bill in Parliament last year,” said Syed Sharir.

He said the government should at least hear out the union’s opinion and deliberate the issue with its representatives.

The MTUC is also demanding an amendment to the Occupational Safety and Health Act 1994 to make it mandatory for employers and corporate managements to provide and maintain a safe and healthy working environment for workers.

MTUC demands stern punitive actions against employers who flout labour laws.

At present, it is left to the employers to provide and maintain a safe and healthy working environment, which MTUC claimed "was not working".

In 2006 alone, 730 workers had died on the job.