Overpaying Selangor Executive and people's reps is wrong - when still so many real needs

Full time people's representatives - that is what the people wants. Now many of those elected are still spending a lot of time for their own existing employment, work and businesses, and this is not acceptable. Once elected as Members of Parliament(MPs), State Asemblypersons (ADUNs) or even appointed as Senators, these people's representatives should commit 100% of their time to their task of being the people's representatives (wakil rakyat). They should be attending all sessions of Parliament (Dewan Rakyat or Dewan Senat), and the State Legislative Assembly. The only justifiable absence mjust be because they are also in the State/Federal cabinets and some very urgent work in their respective ministry/department prevents them attending these sessions.

In Parliament or State Legislative Assemble, these reps represent the people, and should be there asking questions and serving as the necessary 'check and balance', and debating and approving/rejecting motions or new laws. They should be serving on select committees tasked with overseeing certain ministries/aspects of government activities. 

Outside these formal parliamentary/State Legislative Sessions, they must be in communication with their constituents soliciting viewpoints/ideas/etc - i.e. seeking directions of their constituents as to what their position should be, and how they should be representing the views of the people they represent in Parliament and/or State Legislative Assemblies.

Hence, they (the peoples' representatives) need to be paid a basic wage that is sufficient and fair - and the next question is what should this be? Noting that Malaysia's minimum wages is RM900 per month, and the average monthly household income in Malaysia is now RM5,000, and note this is household income not individual income. 

The 2012 Household Income Survey found the average monthly income of Malaysian households rising from RM4,025 in 2009 to RM5,000 in 2012, an increase of 7.2 per cent annually.In announcing the statistics here yesterday, Minister in the Prime Minister’s Department Tan Sri Nor Mohamed Yakcop said the urban household monthly income increased at a rate of 6.6 per cent a year from RM4,705 in 2009 to RM5,742 last year, while the rural household monthly income rose 6.4 per cent annually from RM2,545 to RM3,080 - The Borneo Post. 28/3/2013, Average monthly Malaysian household income hits RM5,000

Hence, logically the basic salary/wage (not including overtime, attendance allowance, transportation allowances, etc) should be about RM5,000-00.

The Selangor State Legislative Assembly had approved a salary hike for all of its 56 state assemblymen effective next year, with its deputy speaker getting the largest share of the pie of 373.3%. The menteri besar's salary would be increased from RM14,175.15 to RM29,250; state executive committee members, from RM6,109.29 to RM20,250; speaker, from RM6,109.29 to RM22,500; deputy speaker, from RM3,327.50 to RM15,750; and state assemblymen from RM6,000 to RM11,250.- Malaysian Insider, 29/11/2013, Salary hike sparks war of words among Selangor assemblymen

Of course, MPs, Senators and ADUNs should also be entitled to overtime and all the other benefits, etc accorded to a normal worker. Now, I believe, there is also such thing as parliamentary/state legislative assembly attendance allowances....

The complain earlier was that MPs/State Assemblypersons had to use 'their own money' to rent/operate service centres and employ personal assistants/researchers/drivers, etc - but the solution is not to increase wages of MPs/ADUNs and Senators but to allocate funds for all these additional matters that is needed, and in Selangor this has happened...

Parts of the expenses such as hiring aides and renting service centre are funded by the state government. The allocation breakdown before adjustment is shown below:

• Two aides' wages - RM1,500 per month each, without allowance and overtime claim;

• One off payment for service centre renovation - RM20,000;

• Service centre monthly rental - In accordance to the premises' going rate; and,

• Service centre administration monthly allowance - RM2,000

According to state executive councillor Ean Yong Hian Wah's assistant Hiew Kim Boon, the state government allocated RM10,000 for engaging at least three PAs after the May 5 general election. - Malaysiakini, 30/11/2013, Selangor pay rise storm rages on unabated

Well, we certainly need to increase the number of aides/researchers, and more importantly the allocation should be at least RM3,000-00 per person, including EPF, overtime, reimbursements for travel, etc, phone, and annual increment etc. 

Why researchers? Someone needs to research the Bills being tabled, and work out the arguments for and against these proposed amendments to law/policy, etc...The elected rep themselves may (1) not have the capacity, or (2) the time and energy required. The research may also include soliciting the viewpoints of the constituents. These political assistants should maybe be paid at least RM2,500 - RM4,000, i.e. including EPF, overtime, etc - and best that every rep has at least 2.

The other aides would be to assist the elected rep service constituents for logically, the elected rep may not have the time and assistance to deal with all their constituents...

How many aides and service centres? The number of aides should really be determined by number of constituents - maybe 1 aide for every 10,000 constituents. 

What about service centres? Well, this should be depending on the geography of the constituency - maybe one for every 50km, each needing at least 1/2 aides, 1 being ever present in the centre one to move around the constituency to investigate/respond to constituency issues.

Every MP/ADUN/Senator should also be paid transport allowances - or maybe they should be reimbursed depending on distance traveled (maybe RM1 per Km), toll paid, parking charges. Well, maybe they should also be paid monies to employ a driver - we do not want them to get tired stuck in traffic jams, finding parking spots, etc..This is fair. An allocation of RM2,000 for a driver or less depending on the salary (plus overtime)

Now SUHAKAM (National Human Rights Commissioners) monthly salary is RM6,000-00, with the Chairperson getting about RM7,000-00 - now, they should be paid more at least RM10,000-00.

With regard to ADUNs and MPs/Senators, they should be paid basic salaries of RM5,000-00, not including overtime and allowances.

But some will say that these "ADUNs/MPs/Senators" are expected to pay a lot more whenever they meet with their constituencies - food/drinks, donations for deaths/weddings/etc, ... NOW, this is a BN culture and is wrong. A ADUN/MP/Senator should not be required to pay for anything like this and there should be allocations for all these things by the government. "ADUNs/MPs/Senators" are not sources of 'donations' and 'gifts' - that is not their role or function. They are 'public servants' only - not some super 'rich people' obligated to hand out cash and benefits...to constituents.

Should those who serve as MBs/PMs, Ministers and State Excos be paid even more than those that are mere ADUNs and MPs/Senators? I would say NO - but even if they are being paid more it should not be more than 10 - 15 % of what every other ADUNs and MPs/Senators are receiving as their basic salary?

Running a country is not like running a private sector business entity - and our 'employees', the people's representative is not meant to be earning so much more compared to the ordinary people - the constituents. In fact, a similar policy must be adopted for all government owned or 'government-linked' private sector entities - salaries of CEOs and directors must never be higher than salaries of MBs/PMs,State Exco/Cabinet members...

We want people that will serve the people to be chosen to be ADUNs, MPs and Senators - and 'very high pay' will only attract or result in the wrong people wooing such positions, Same applies for State Exco and Cabinet positions... No justification in paying those in State Exco and Cabinet positions more than other MPs/ADUNs/Senators? After all, at the end of the day it is the MB and PM that decides who they want in their 'cabinets' - and 'higher pay' should not be the reason for wanting these positions, and then will also undermine other elected peoples' reps. It may be different, if these exco/cabinet members are elected directly by the people, or even the Parliament/State Legislative Assembly...

Note, that the Selangor increment does not include all the other incentives... and this is too much..

Money could be better used to improve the quality of the State Legislative Assembly, and this is not through such 'extravagant' increases of basic pay of State Legislativepersons and the Exco of Selangor... Anwar suggests that they donate 20% of their wages - but that is not the way. 

In fact, let us look at the average income of an individual of Selangor, and the basic salary (not including overtime and other incentives) should be equal or less than that - not more remembering always that these are peoples' representatives... Wonder how much they will get with all their 'incentives'?

If Selangor has extra monies, set up an 'Unemployment Benefit Scheme' - that would assist people who have lost jobs and looking for employment.

Set up a 'Medical Assistance Fund' so that the poor and lower income would be able to access healthcare.

Set up a 'Warga Mas Fund' that would ensure that the many old folks that are not ex-government servants receiving monthly pension gets at least RM500-00 monthly to survive in this climate of ever-growing cost of living.

Maybe also ensure that every 'ketua kampung' or 'ketua taman' in Selangor gets a monthly allowance of at least RM500-00 especially since many of these people do quite a lot of work for their people with no remuneration - I am talking about those JKKK. In fact, use that money to set up local democracies that elect their own leaders at the kampung, kampung baru, kampung orang asli and taman levels.... 

** carried also by Malaysian Insider, 1/12/2013, Overpaying Selangor reps is wrong - Charles Hector

Malaysian response to Malaysian women 'slave' rescued after 30 years in London' - counseling? We expect more as Malaysians

It is shocking that the Malaysian government response is to possibly provide counseling. Has the Malaysian government identified the victim, got in touch with family in Malaysia - maybe even arrange the usage of the Malaysian jet to immediately transport a family member to London - as this is what is urgently needed. 

How does the Malaysian government support a Malaysian in need overseas?

Counselling for M'sian woman locked up for 30 years

Bernama 5:12PM Nov 23, 2013

The Women, Family and Community Development Ministry will provide counselling service to the Malaysian woman who was rescued after being locked up for 30 years in a house in south London.

Its Minister Rohani Abdul Karim said the counselling service would be given if needed as the women was probably traumatised after being locked up for a rather long time.

"We are still waiting for information from Wisma Putra on her progress," she told a press conference after opening a Welfare Volunteer Conference in Putrajaya today.

Yesterday, local television stations broadcasted news of three women including a Malaysian, aged 69, who were rescued after being detained for 30 years in a house in south London including one who was believed to have been locked up all her life.

A man and a woman, both 67, were detained on suspicion of using forced labour but were released on bail.

Meanwhile, in another development, Rohani encouraged the young to join the welfare volunteer programme to help target groups of the ministry such as senior citizens, single mothers and the handicapped.

"To date, we have 5,108 volunteer members since it was launched in 1995," he said, adding that the input of the young was crucial to help the less fortunate.

- Bernama

Published: Friday November 22, 2013 MYT 12:00:00 AM
Updated: Friday November 22, 2013 MYT 8:47:14 AM

Malaysian woman a slave in London for over 30 years

LONDON: A 69-year-old Malaysian woman was rescued after being held captive as a domestic slave at a house here for over 30 years.

 Also rescued were a 57-year-old Irish woman and a 30-year-old Briton who had been held at a property in Lambeth from childhood, reported Sky News, a UK-based news channel.

All three, who were not related and described by police as “highly traumatised”, were taken to a place of safety.

The news channel added that two people – a man and a woman, both 67 – have been arrested as part of an investigation into slavery and domestic servitude.

Meanwhile, AFP, quoting Scotland Yard, said police swooped in after being contacted last month by Freedom Charity, which received a call from a woman stating she was being held against her will.

The movement helps young people to understand forced marriage and honour-based violence.

Police said the woman had contacted the movement after watching a television documentary featuring the group’s work.

Freedom Charity founder Aneeta Prem told the British media that it was the 57-year-old Irish woman who phoned the organisation.

“I think all of them saw me on the news and made a decision because of the name of the charity and because they had seen me on TV – that gave them the courage to make that phone call,” said Prem, referring to the SOS by the three women to her.

She described the victims’ treatment as “barbaric”. She also claimed to the Daily Mail newspaper that the women suffered physical and mental abuse.

“I don’t believe the neighbours knew anything about it at all. It was just an ordinary house in an ordinary street.

“They felt they were in massive danger. They did have rooms that they could use but they were really restricted about what they could do and could never leave the front door.

“It is absolutely unbelievable that people can ever find themselves in this position. It is an amazing story,” Prem told the daily.

Detective Inspector Kevin Hyland, from the Metropolitan police’s human trafficking unit, told BBC: “We have seen some cases when people have been held for 10 years, but we have never seen anything of this magnitude before.”

He added that the women had controlled lives and spent most of their time indoors, but they had some amount of controlled freedom.

Hyland also applauded the actions of Freedom Charity and were working in partnership to support the victims.

“We have launched an extensive investigation to establish the facts surrounding these very serious allegations.”

Officers said the two suspects, who were considered the “heads of the family”, had been taken to a south London police station for questioning. - Star Online, 22/11/2013, Malaysian woman a slave in London for over 30 years 

London 'slaves' had been in political collective with captors, police say

Two of the three women allegedly held as slaves first met male suspect through shared political ideology, says Met

Saturday 23 November 2013 15.45 GMT

Police officers stand outside flats in Brixton, south London, as detectives conduct house-to-house inquires in the area where the three women were rescued. Photograph: Dominic Lipinski/PA

 

Two of the three women allegedly held for 30 years as slaves had lived in a political collective with their captors, police have disclosed.

Metropolitan police commander Steve Rodhouse told reporters that two of the alleged victims met the male suspect in London through a shared political ideology and began living together in a "collective".

The address where the women lived with their alleged captors is understood to be a three-storey block in Peckford Place, Stockwell, south London. Police are conducting house-to-house inquiries in the area.

The suspects, both 67, are of Indian and Tanzanian origin and came to the UK in the 1960s, police said. They have been released on bail to a date in January.

A 30-year-old British woman, a 57-year-old Irish woman and a 69-year-old Malaysian woman were rescued from a house last month, after one of the women called a support charity asking for help. All three women are believed to have suffered emotional and physical abuse.

Scotland Yard revealed that part of the agreement when the women were removed from the address on 25 October was that police would not at that stage take any action.

None of the women was reported missing after they were rescued. Officers have recovered a birth certificate for the 30-year-old woman, who is believed to have lived her entire life in servitude.

Rodhouse said police agreed to move at a slow pace to accommodate the fragile state of mind of the alleged victims.

"Part of the agreement on 25 October when they were removed from the suspects' address was that police would not at that stage take any action. Since that date we have been working to gain their trust and evidence. That came to fruition on 21 November, when we were in a position to make arrests," he said.

Rodman said police were examining the nature of the cult. "The people involved, the nature of that collective and how it operated is all subject to our investigation and we are slowly and painstakingly piecing together more information," he said.

"Somehow that collective came to an end and … somehow the women ended up continuing to live with the suspects. How this resulted in the women living in this way for over 30 years is what are seeking to establish, but we believe emotional and physical abuse has been a feature of all the victims' lives."

The 30-year-old woman's birth certificate was the only the official documentation that police have recovered.

"We believe she has lived with the suspects and the other victims all her life, but of course at this early stage we are still seeking out evidence," Rodman said. - Guardian, 23/11/2013, London 'slaves' had been in political collective with captors, police say

More info sought on rescued Malaysian kept as slave in London

by tashny sukumaran AND neville spykerman

PETALING JAYA: The Malaysian Go­­­vernment is liaising with British authorities on the rescue of a 69-year-old Malaysian woman who was kept as a slave with two others for 30 years in London’s Lambeth district.

Foreign Minister Datuk Seri Anifah Aman said Wisma Putra was seeking details.

“We don’t have many details now. We will disclose more information as we get it,” he said when contacted yesterday.

The Malaysian High Commission in London has also offered to help British police in its investigations.

An official said the high commission had contacted Freedom Charity and British police.

“We are still waiting and ready to extend any help required,” he added in a telephone interview.

The official said the high commission had only found out about the matter via press reports.

“We have yet to meet or speak to the woman,’’ he said, adding that there was no information on where she 
was being kept.

Details regarding the case continue to be sparse, with British police being tightlipped on the rescue of the three women.

The Malaysian wo­­man, who has not been identified, was rescued along with a 30-year-old British woman and 57-year-old Irish woman on Oct 25.

The rescued women are all “highly traumatised” and are currently being looked after in a safe location. The address of the house where the crime took place is still unknown.

The Metropolitan Police arrested their two alleged captors on Thursday morning in connection with an investigation.

The two, both aged 67, have been granted bail until a date in January. According to a statement from the police, they are “not British nationals”.

The three were freed after one of the captives called Freedom Charity, an NGO, on Oct 18.

According to British news reports, Aneeta Prem, founder of the Freedom Charity, met the three women on 
Thursday.

At a press conference yesterday evening, Metropolitan Police re­­vealed that the three women had been beaten.

According to British media reports, the victims were physically abused and emotionally controlled in the “complicated and disturbing” slavery case.

The police were quoted as saying that they were looking for “invisible handcuffs used to manipulate the three women.”

The police also said that there was no evidence that the victims had been trafficked.

The two suspects were also charged with immigration-related offences, and were arrested in the 1970s for unspecified reasons.

Police spent 12 hours searching the property and removed 55 bags of evidence and 2,500 exhibits. Star, 23/11/2013, More info sought on rescued Malaysian kept as slave in London

What about making Rosmah a Senator, bringing her into cabinet, appointing her DPM?

Again, Rosmah is in the news - and she is spending Malaysia's money. Who is she? Nobody in government - just the Prime Minister's wife...

She has also been going here and there 'in the name of Malaysia' - even stepping in when the PM is not available ...usually this is done by the Deputy Prime Minister or some other Minister in the cabinet...

Well, what can Najib and his cabinet do? Simple - just make her a Senator and then bring her into the cabinet, possible as the Deputy Prime Minister ... or maybe make her a Minister and give (or create a Ministry for her)... 

The wife of the Prime Minister really has no role in 'government' - and Malaysia should not be using Malaysian people's money for her.... If she is accompanying her husband for some official function, then maybe it is OK to cover her flight ...

Should we be covering any other expenses? No - what about her dress and make-up? I believe not. 

Obvious that Malaysian PM and his cabinet needs Rosmah Mansor - so make her a Senator...and then bring her into the cabinet...but no more letting Rosmah go here and there representing Malaysia or for shopping etc...using Malaysian 'jets'...? Cabinet does not have absolute power .... they do not decide this and that arbitrarily - where is the law that gives them these powers? 

‘Now, Rosmah can fly in jets but…..

Leven Woon | November 18, 2013

Parliament was today told that the PM's wife has the privilege to fly in private jets so long as the cabinet approves it

 

KUALA LUMPUR: Minister in the Prime Minister Department Shahidan Kassim said the prime minister’s wife Rosmah Mansor is allowed to travel abroad with private jets belonging to the government should the cabinet endorse her trip.

“She must get approval from the cabinet. If we agree that it is an important visit, then we will allow her to travel with private jet,” he told the Dewan Rakyat today.

Shahidan’s remarks drew immediate fire from the opposition members, with Azmin Ali (PKR- Gombak) asking whether this can be construed as a conflict of interest since the prime minister chairs the cabinet meetings.

In reply, Shahidan said, “the prime minister’s wife represents the country, it is for the interest of the country that we allow her to do so.”

He added that Rosmah is usually abroad to attend the spousal program which would be held in every international event.

Azmin however said the core issue is that not only Rosmah attends the spousal program, she also represented her husband in bilateral meetings with foreign dignitaries, as witnessed during former secretary of United States Hilary Clinton’s last visit to Malaysia.

“That time the prime minister was sick, but instead of the deputy prime minister replacing him, we had Rosmah attending the luncheon with Clinton,” he said.

Shahidan did not reply the question,  but merely asked Azmin to refer to his statement earlier.

Najib’s overseas’ trips were put under the microscope recently; since Seremban MP Anthony Loke highlighted that a whopping RM182 million was spent by Najib on 372 flights to 339 destinations.

He said instead of owning six private planes, Najib could have emulated Singapore Prime Minister Lee Hsien Loong by boarding commercial flights to reachable destinations.

Seri Perdana exhibition center ridiculed

Meanwhile,Shahidan said a large chunk of the utility bill of prime minister’s official residence, Seri Perdana, came from the protocol block, exhibition center and quarters.

He said the prime minister is forced to have a protocol block in his residence to “save cost from renting a hotel for his guests”.

He insisted that it is misleading to call Seri Perdana the prime minister’s official residence because it is a multipurpose complex.

Anthony Loke (DAP- Seremban) ridiculed such statement, asking, “what is the purpose of the exhibition center? To showcase the prime minister’s wife’s photos?”

Shahidan said it is an ill-intended question because the exhibition center is meant to exhibit information related to the country.

Last week, Shahidan said the RM2.55 million annual electricity and water bills of Seri Perdana was among the lowest in the world, as compared to White House in US and Downing Street in Britain. - FMT News, 18/11/2013, ‘Now, Rosmah can fly in jets but…..

Nufam(Union) wants MAS to lift suspension of Ismail{The Sun Daily)

For background, see Malaysian Airlines(MAS), a GLC, suspends Union President for calling MAS CEO to resign?

Nufam wants MAS to lift suspension of Ismail{The Sun Daily)

Posted on 18 November 2013 - 05:40am

Eva Yeong
sunbiz@thesundaily.com

SUBANG JAYA (Nov 18, 2013): The National Union of Flight Attendants Malaysia (Nufam) wants Malaysia Airlines' (MAS) management to lift the suspension of Ismail Nasaruddin and retract a show cause letter and all allegations made against him.

Nufam Secretariat spokesperson Mahmood Abdullah said the union wants the airline's management to meet nine requests, which include the immediate lifting of Ismail's suspension, failing which it will march in protest to Putrajaya. Ismail is president of Nufam.

Ismail was suspended from duty on November 8, following Nufam's call for MAS CEO Ahmad Jauhari Yahya to step down for, what it called, management's failure in addressing the plight of cabin crew members over the past few years.

Mahmood said Ismail's suspension is unacceptable as he was speaking in his capacity as Nufam president.

"If MAS fails to address these issues, we will march to the Prime Minister's office to submit a memorandum," he told reporters at a press conference last Friday.

The nine items on the memorandum include the acknowledgement of Nufam as the official union representing cabin crew members, to uphold the Industrial Relations Act 1967 Article 59 and to uphold the United Nation's Convention ILO 87 which constitutes all unions' right to carry out duties and freedom of speech.

Ismail, who was also present at the press conference, said MAS management's actions reflect trade union busting and is also a challenge or threat to other union leaders in Malaysia.

"If MAS can do this to me, other government-linked companies (GLCs) can do the same. That will be the downfall of Malaysian law," he said.

The acknowledgement of Nufam as a union representing MAS' cabin crew by the management of the national carrier has been a bone of contention for awhile now, with the union crying foul over MAS' disengagement, as the airline itself remains mum on its stand with the union.

While talk of a judicial review of the secret ballot which had led to Nufam's entry into MAS has surfaced, the national carrier is yet to respond on whether a review is ongoing. - The Sun Daily, 18/11/2013, Nufam wants MAS to lift suspension of Ismail

Malaysia 'lies' to ILO by informing of High Court decison before decision was made by court?

This report raises many concerns including the question of the independence of the Malaysian judiciary. If before the High Court can make a decision, the Minister can say,   

According to Khalid, Dr Subramaniam told the ILO's Committee of Experts on Freedom of Association that the High Court had decided that the Director General of Trades Unions' decision to register a Maybank staff union was valid and within the powers of DGTU in 2011.

The next concern, is that if Malaysia did this to ILO, then would it also not have also communicated false information to other United Nations and Regional bodies - maybe even the RAKYAT - the Malaysian people.

This is a serious concern, and it concerns the credibility of the Malaysian government and Prime Minister Najib? The PM needs to answer..

Possible answers:-

a) Khalid Atan and MTUC (and the others that make the allegation) are not telling the truth.., OR

b) The documentation relied on is wrong...an error in the records, OR

c) The then Human Resources Minister made a mistake, or maybe he did it without the knowledge or mandate of the government ...,OR

d) The Malaysian government already knew what and how the High Court would decide, OR....

Whatever it is, the Prime Minister must give Malaysians an answer.

According to the Malaysiakini report, the answer may be (b), but is that the truth? Did MTUC jump the gun and make statements without basis? Or ILO record keeping is flawed?

In a press release late this evening, the human resources ministry said that it had replied to the ILO with the following: ""The decision of the director-general of trade unions to register MAYNEU is currently being challenged in the High Court and the trial has commenced.Thus, we are of the view that we should not give any remarks, opinions or comments until the case are finally disposed off."

WE DEMAND THE TRUTH...

Malaysia

Trade union wants ex-minister summoned to Parliament over “shocking” report to world labour body

BY YISWAREE PALANSAMY
November 13, 2013

The Malaysian Trade Union Congress (MTUC) wants former human resources minister Datuk Seri Dr S. Subramaniam to face the Parliamentary Labour Caucus over a report he made to the International Labour Organisation (ILO).

MTUC president Khalid Atan (pic) questioned how Dr Subramaniam could have made such a report two years prior to a High Court decision on November 7 this year against the National Union of Bank Employees (NUBE).

According to Khalid, Dr Subramaniam told the ILO's Committee of Experts on Freedom of Association that the High Court had decided that the Director General of Trades Unions' decision to register a Maybank staff union was valid and within the powers of DGTU in 2011.

NUBE had challenged the registration of the Maybank In-House Union in the High Court.

Calling the action anti-union and shocking, Khalid said the High Court decision would have far-reaching consequences on the trade union movement in the country.

"This will weaken the collective bargaining powers of trade unions in protecting the workers' interest," he said.

NUBE general secretary J. Solomon, meanwhile, also questioned Dr Subramaniam's action, saying it had brought the matter to the ILO's attention.

"How is it possible otherwise for the minister to be aware of a court decision made only two years later?" he asked during a press conference at the Parliament lobby today.

“The ILO will be writing to the government seeking an explanation," he said, adding that NUBE is appealing against the decision of the High Court.

Solomon also claimed the government’s decision to allow the registration of Maybank's in-house union was mala fide, or in bad faith.

"It was approved within only six days of application, whereas many other unions from other sectors have been waiting years for approval," he added.

NUBE has over 3,000 Maybank employees as members, he said.

"From 2010 up to now, there has been interference from Maybank's management, forcing its employees to join the in-house union.

"We see a pattern of influence from the management and the Human Resources Ministry to deliberately ensure members of NUBE resign and join the in-house union," said Solomon.

Solomon claimed the ministry violated the Industrial Relations Act 1967 and the Trade Unions Act by interfering in union affairs and not permitting NUBE members to meet the bank employees.

"This weakens the role of the union in bargaining for their (employees) interests," he said.

Several opposition lawmakers who were present, including Kuala Langat MP Abdullah Sani Abdul Hamid and Batu MP Tian Chua, said they would raise the matter in Parliament.

Dr Subramaniam’s alleged report dated 22 June and 5 October 2011 to the ILO reads: “According to the Government, the decision of the DGTU to register MAYNEU was challenged in the High Court, and the High Court has decided that the registration is valid and within the power of the DGTU.” – November 13, 2013. - Malaysian Insider, 13/11/2013, Trade union wants ex-minister summoned to Parliament over “shocking” report to world labour body

Unions accuse Subramaniam of making 'false report'

Ram Anand 1:06PM Nov 13, 2013

Health Minister Dr S Subramaniam has come under fire from two union bodies - the Malaysian Trades Union Congress (MTUC) and National Union of Bank Employees (Nube) - for making a "false report" to the International Labour Organisation (ILO) two years ago.

PKR's Kuala Langat MP Abdullah Sani Abdul Hamid, who conducted a press conference on behalf of MTUC at the Parliament lobby today, accused Subramaniam of making the inaccurate report pertaining to Nube's court case against the Director-General of Trade Unions (DGTU).

On Nov 7, the High Court dismissed Nube's attempt to challenge the DGTU's registration of an in-house union for Maybank.

However, MTUC president Khalid Atan (left) said in a statement distributed in Parliament today that Subramaniam had reported to the ILO that the court decided in favour of the DGTU on Oct 5, 2011 itself, two years before the actual decision was made.
Subramaniam was human resources minister at the time he was accused of making the false report to the ILO.

Abdullah Sani said Pakatan Rakyat MPs would seek to refer Subramaniam, who is also MIC deputy president, to the parliamentary labour caucus for his alleged action.
Ministry waiting for case to be over

They also stated NUBE's intention to appeal the High Court decision and vowed to restrict the DGTU from registering any new union bodies until the appeal process is over.

Subramaniam's statement to the ILO was in the form of a government reply to the organisation in response to a complaint filed by MTUC with the ILO in April 2011.

In Paragraph 868 of the ILO report, the government was cited as saying that "the decision of the DGTU to register MAYNEU was challenged in the High Court, and the court has decided that the registration is valid and within the power of the DGTU".

Deputy Human Resources Minister Ismail Abd Muttalib later told the Parliament that the ministry would look into the allegation, while saying that he was not at the ministry when the alleged false reporting took place.

In a press release late this evening, the human resources ministry said that it had replied to the ILO with the following:
""The decision of the director-general of trade unions to register MAYNEU is currently being challenged in the High Court and the trial has commenced.

"Thus, we are of the view that we should not give any remarks, opinions or comments until the case are finally disposed off." - Malaysiakini, 13/11/2013, Unions accuse Subramaniam of making 'false report'

Malaysian Airlines(MAS), a GLC, suspends Union President for calling MAS CEO to resign?

It is shocking to hear that the National airline Malaysia Airlines (MAS) has suspended the president of the National Union of Flight Attendants Malaysia (NUFAM), Ismail Nasaruddin, for a statement he made to the media against MAS chief executive officer Ahmad Jauhari Yahya, pending a domestic inquiry.

Any Union representing workers have the right for better worker rights and benefits for its members, and criticising the employer company, the companies management or its CEO is not wrong. After all, the primary tool that any worker union has in its struggle on behalf of the workers is to 'pressurize' the employer company into doing the needful. That is essentially what workers and their unions do through pickets, making public statements, issuing and sending memorandums, etc.., noting that all these are public actions, a strategy that some calls as 'name and shame' actions.

The other option available is to go on strike - i.e. the workers do not go to work until the employer is compelled to negotiate or move from their 'hard position' and accommodate to some/all worker/Union demands.

Public pressure and economic pressure is the main tools that workers have to get better rights/benefits and working conditions.

In this case, based on the news report below, the Union sees the current CEO as being the stumbling block and so what is wrong if the ask on MAS to sack the said CEO. But wait, they in fact did not ask MAS to sack the said CEO, but asked only that CEO resigns. A good strategy because it allows for escalation later on if this strategy fails to achieve the desired object, i.e. the calling of MAS to sack this CEO. Maybe later, they may have adopted even more stronger strategies...the final maybe going for an all out strike.

What does NUFAM want?

'... unhappy that there has been no changes in resolving the cabin crew's problems...' The management have cut costs drastically on the cabin crew and did not bother to review their allowances and salaries - '...changes, which are drastic and being implemented within short notice, are affecting the welfare and safety of MAS' cabin crew. They include weight control rules, transport services and vigorous work schedules....'  and this CEO(appointed in 2011) has allegedly had the time to do so but have not... 

Now, I believe that these are legitimate worker issues, concerns and demands... 

Most disturbing is that alleged new rule/policy which is gender bias and/or is insensitive 

One of the latest new policies imposed by MAS is a weight control ruling where cabin crew are told to reduce their weight to achieve a certain body mass index within three to six months. Failure to do so would result in an automatic transfer to ground work.

The new rule is also a blanket policy and affects all cabin crew members including those who have just returned from maternity leave and may find it difficult to drastically lose weight within a short time frame.

Remember worker members of the UNION would also ask Union president or officers to resign if they are seen to be not fighting for the betterment of the union members - in fact, in a Union, they can get rid of such ineffective leaders by voting them out...or even calling for an EGM/AGM or an appropriate meeting and passing a vote of no confidence. Certainly it will be wrong a UNION or the Union president or officers to respond by just sacking or getting rid of such a member... This recently happened in MTUC.

Now, what NUFAM wants as a step forward towards resolution of these issues is for MAS to sit down with NUFAM (a registered and recognized Trade Union) and negotiate and work out the Collective Bargaining Agreement  (the CA)

But, MAS is delaying this process citing as a reason some judicial review...(that means MAS unhappy with some decision of the Minister wants to apply to court to review that decision)

Nufam also wants MAS management to start immediate negotiations on a new collective agreement (CA) with the cabin crew, saying it is causing more problems with each delay.

Nufam had received an email from MAS management on Oct 30, 2013, rejecting the union's call to start discussions on a CA for Nufam members, citing the judiciary review as its reason.

Making all kinds of objections and applications to the Director General of Trade Union (or Director General of Industrial Relations), and then appealing to the Minister against that decision... And thereafter filing for judicial review of the Minister's decision that favoured the Union in the High Court, and if the High Court is still against the company, filing an Appeal to the Court of Appeal, and maybe even after that to the Federal Court  is all strategies employed by EMPLOYERS (generally Bad employers, in my opinion) to stifle worker and trade union rights. All these strategies only delays even further worker suffering and grievances...and it can take years. Remember that this also was the strategy used by RENESAS in delaying the recognition of Trade Union.

The other strategy that some bad employers would use is by terminating Union and worker leaders - again, this happened in the RENESAS case. Get rid of the strong leaders, and it will weaken the Union and demoralize the rest of worker union members...maybe even stop the demands for better rights and working conditions.

Hence, the suspension of the president of the National Union of Flight Attendants Malaysia (Nufam), Ismail Nasaruddin, pending a domestic inquiry, is wrong and can be construed as a 'union busting action'.

Ismail was suspended without allowances with immediate effect starting Nov 8 following a news report quoting him that was published on the same day.

We do not have sight of the actual charges being levied against Ismail, but possibly he would be terminated. Problem is that even if he lodges a complaint in the Industrial Relations Department claiming wrongful dismissal, which after conciliation attempts fail and the matter is referred to the Minister who then can or will not refer the matter to the Industrial Court. Even if referred to the Industrial Court, who at the end of the day finds that Ismail had been wrongfully dismissed, most probably Ismail will not be reinstated but will only get some compensation in lieu of reinstatement. The company will WIN in that it has successfully gotten rid of the Union and worker leader, and the Union and worker loses.

MAS is a Government-Linked Company (GLC), and the government also owns a substantial portion of MAS and has great influence of what MAS does or does not do. 

The right thing to do, in my opinion, is to discontinue disciplinary proceedings against the Union president, discontinue the suspension and immediately proceed to sit down and start working out the Collective Bargaining Agreement(CA/CBA) between the Union and MAS. This would hopefully resolve all grievances, and MAS and Malaysia would come out as entities and government that promote and respect worker and trade union rights.

What happens here will impact not just the image of MAS, but also the Barisan Nasional government of Malaysia and its Prime Minister Najib Tun Razak.

See below, the November 8 report that appeared in Sun Daily(possibly the one that is used by MAS for commencing disciplinary action against Ismail), and also the Malaysiakini report that came out on 14/11/2013

Nufam calls for resignation of MAS' CEO

Posted on 8 November 2013 - 05:38am


Eva Yeong
sunbiz@thesundaily.com

Ashraf Shamsul/THE SUN

PETALING JAYA (Nov 8, 2013): The National Union of Flight Attendants Malaysia (Nufam), which represents 3,500 cabin crew at Malaysia Airlines (MAS), has called on the national carrier's CEO Ahmad Jauhari Yahya to resign, saying he had failed to resolve their plight since he took over the helm in September 2011.

In a statement yesterday, Nufam Secretariat said it is calling on the prime minister to review Jauhari's contract and remove him as the CEO of MAS, which is a government appointed position, unhappy that there has been no changes in resolving the cabin crew's problems and they are have become demoralised.

"Three years is long enough to observe how a CEO of a GLC (government-linked company) takes seriousness and consideration into the cabin crew's issues," it said. 

"The management have cut costs drastically on the cabin crew and did not bother to review their allowances and salaries," it further claimed. 

Nufam also wants MAS management to start immediate negotiations on a new collective agreement (CA) with the cabin crew, saying it is causing more problems with each delay.

Nufam had received an email from MAS management on Oct 30, 2013, rejecting the union's call to start discussions on a CA for Nufam members, citing the judiciary review as its reason.

The union also urged MAS' biggest trade union, Malaysia Airlines System Employees Union Peninsular Malaysia (Maseu) to "stop playing dirty politics", alleging that the latter had played a part in causing the cabin crew's problems of today.

"Maseu (cabin crew) members wants to leave the union and they must be allowed to do so. No one should stop the members from tendering their memberships in Maseu," said Nufam.

In an interview with SunBiz, Nufam president Ismail Nasaruddin (pix) said while it has been perceived as a glamorous job, being paid to travel, but for MAS cabin crew, the job has become increasingly challenging with the drastic changes being implemented by its management.

He said the changes, which are drastic and being implemented within short notice, are affecting the welfare and safety of MAS' cabin crew. They include weight control rules, transport services and vigorous work schedules.

"They (MAS management) said they had discussed with Maseu before putting these changes into the CA, but the discussions are behind Nufam's back," said Ismail.

One of the latest new policies imposed by MAS is a weight control ruling where cabin crew are told to reduce their weight to achieve a certain body mass index within three to six months. Failure to do so would result in an automatic transfer to ground work.

The new rule is also a blanket policy and affects all cabin crew members including those who have just returned from maternity leave and may find it difficult to drastically lose weight within a short time frame.

"It was not done in fairness and is a form of discrimination against employees. This is also the first time they are picking on this (weight control) issue," said Ismail.

He added that in the past, the management would advise those who are above a certain BMI and give them time to adjust their weight or offer them the option of transferring to ground operations instead of an automatic deployment.

Another new ruling is the change in transport services for employees who are on duty.

Due to "changes in the agreement between MAS and the transport company", cabin crew who joined in 2004 or later are no longer able to enjoy the transport services provided by the airline for pick-up from home.

Ismail said this is unfair to those who joined in 2004 or later, as they had signed contracts that included transportation as part of the benefits.

In addition, work schedules have become more vigorous for the cabin crew as there are more flight hours and less off days in between flights, while some are required to work on international flights immediately after completing a domestic flight.

Despite reports to the Department of Civil Aviation (DCA), things have remained the same as the authority has said that MAS practices a fair system in scheduling its cabin crew members.

"The crew are overworked according to schedules and Nufam has raised these concerns with MAS. These are fatigue issues concerning the safety and welfare of employees…we request the DCA to monitor the work schedules of cabin crew," he added.

"Nufam wants the airline to straighten out their policies. All these policies concerning cabin crew must be regulated. The welfare and safety of the cabin crew must be looked into by the government," said Ismail.

At press time, MAS did not reply to queries from SunBiz. - The Sun Daily, 8/11/2013, Nufam calls for resignation of MAS' CEO

MAS suspends Nufam president

Posted on 14 November 2013 - 05:37am

sunbiz@thesundaily.com

PETALING JAYA (Nov 14, 2013): Malaysia Airlines (MAS) has suspended its chief steward Ismail Nasaruddin from all flying duties indefinitely after the president of the National Union of Flight Attendants Malaysia (Nufam) made a press statement against the national airline.

In a statement yesterday, Nufam Secretariat said Ismail's suspension was pending an investigation into the matter.

The union has notified the Human Resources Ministry of the suspension of its president.

"A memorandum was delivered to the Minister of Human Resources yesterday (Tuesday) calling on him to intervene immediately," it added.

Nufam had on Oct 7, 2013 called on MAS CEO Ahmad Jauhari Yahya to resign, saying he had failed to resolve their plight since he took over the helm in September 2011.

Nufam Secretariat said the suspension against union officers is an act against the ILO Convention 87 "rights to allow freedom of association" and also under the clauses of the Industrial Relations Act 1967 Section 59, which states no union officials are to be threatened or be made victimised while serving in a union.

"We want the Minister of Law to ensure the safety of every union leaders in this country us safe from being terrorised by companies and they deserve to be protected by the government," it added, saying that there is a need to review the Trade Union laws in the country.

"Union leaders are not protected in this country unlike those in other countries. There is also a need to understand the Trade Union's objectives. Every union leader represents the workers' problems and Nufam represents the voice of cabin crew workers.

It added that MAS should be able to accept criticism from the union over their short comings and not react against it in such a manner.

Nufam Secretariat also said it will continue to file discriminatory charges against MAS to the Ministry of Human Resources and raise all cabin crew matters in order to preserve the rights of cabin crew workers with MAS.

The union is expected to convene a press conference tomorrow. - The Sun Daily, 14/11/2011, MAS suspends Nufam president

MAS suspends chief steward for criticising CEO
Aidila Razak | 9:32AM Nov 14, 2013

National airline Malaysia Airlines (MAS) has suspended the president of the National Union of Flight Attendants Malaysia (Nufam), Ismail Nasaruddin, for a statement he made to the media against MAS chief executive officer Ahmad Jauhari Yahya, pending a domestic inquiry.

Ismail was suspended without allowances with immediate effect starting Nov 8 following a news report quoting him that was published on the same day.

In a Nov 11 show cause letter sighted by Malaysiakini, MAS said Ismail had acted in contradiction with his duties as a chief steward of the airline by issuing the statement.

The letter also cited a SunBiz report in which Ismail calls for the removal of Ahmad Jauhari (left) as CEO for his alleged failure to attend to the welfare of the MAS cabin crew and engage in collective agreement negotiations with the union.

It said that although Ismail is the union president, he is first and foremost a MAS employee.

Meanwhile, Nufam said in a statement that a memorandum has been sent to the Human Resources Ministry seeking intervention in the matter.

The memorandum, among others, states that Ismail's statements to the press "have basis" and that MAS has refused to acknowledge the union despite Nufam's registration about a year ago.

Defending Ismail in the statement, the union secretariat said the suspension "is simply a case of victimisation" to ease off "pressure made by Nufam leaders on matters highlighted to the public".

"This is simply unacceptable and a display of union-busting by MAS," the secretariat said. "MAS is now further proving how they will use drastic measures against those who question them."

MAS breaking law?

The union added that the suspension went against Convention 87 of the International Labour Organisation (ILO), which allows freedom of association.

It also accused MAS of contravening section 59 of the Industrial Relations Act 1967, which states that no person can be threatened or victimised for serving in a trade union.

Nufam also called on the government to ensure the job security of all trade union leaders against the tyranny of corporations, particularly government-linked companies.

"Nufam will continue to raise all cabin crew matters in order to preserve the rights of these workers within MAS," it vowed. Malaysiakini has contacted MAS and is awaiting the national airline's response.  - Malaysiakini, 14/11/2011, MAS suspends chief steward for criticising CEO