Malaysian Airlines(MAS), a government linked company, made famous with the missing flight MH370 has also been seen as an employer that disrespects worker and trade union rights.
When government linked companies like MAS and DRB HICOM [see earlier post:- ] are not shining examples of employers that respect worker and trade unions, all workers and unions in Malaysia are decidedly worried about their rights and future in Malaysia.
The issues that were highlighted were the manner in which MAS has been dealing with National Union
of Flight Attendants Malaysia (NUFAM), its members and flight attendants.
First, there was the termination of the President of NUFAM in connection with a media statement that he issued as Union President. The alleged misconduct was the issuance of the press statement by an employee - MAS chose to ignore the fact that he was a Union President. In response, to the commencement of disciplinary proceeding 43 Groups issued a Joint Statement on 3/12/2013, “MAS Must Immediately Revoke
Suspension of Union President Ismail
Nasaruddin Worker Right Issue Should Be Resolved By Negotiations Not
‘Union Busting’.
On 29/11/2013 MAS terminated
Ismail Nasaruddin, the President of NUFAM, without even according him the right to a Domestic
Inquiry, hence denying him the right to be heard and defend himself. [Issuing a Statement by an employee is NOT a specifically stated misconduct of MAS]
There were many cases of commencement of disciplinary action against workers, and on or about 14/2/2014, 4 others were terminated. Again, I believe that there was no Domestic Inquiry.
When some workers went to the Ministry of Human Resources to raise their grievances/complaints, again MAS took disciplinary action, and the Secretary General was on 17/2/2014 handed yet another show cause letter. At least, the SG was accorded the right to a Domestic Inquiry...
Joint Statement –
3/2/2014 (Now 54)
Malaysian
Airlines Must Respect Trade Union and Worker Rights
Cease Anti-Union
activities against NUFAM and its members
We,
the 54 undersigned civil society groups, trade unions and
organizations are disturbed by the news that Malaysian Airlines(MAS), a
government linked company continues to violate worker and trade union rights.
Recently, MAS commenced disciplinary action against Mohd
Akram bin Osman, the
Secretary General of the National Union
of Flight Attendants Malaysia (NUFAM), and 30 other NUFAM members. The show
cause letter dated on or about 14/2/2014 asked why disciplinary action should
not be taken against them by reason of their participation in an ‘illegal’
gathering on 27/11/2013 at the Ministry of Human Resources in Putrajaya.
On 17/2/2014, Mohd Akram received yet another show
cause letter with new allegation, and he has been suspended with half pay.
The National Union of Flight Attendants Malaysia
(NUFAM) is a registered trade union, and it had sought recognition from
Malaysian Airlines, the employer of some of its members. Recognition is a legal
requirement in Malaysia before an employer can be compelled to sit down,
negotiate and agree to a Collective Bargaining Agreement(CBA). When MAS
rejected the application, the Director General of Industrial Relations(DGIR)
conducted a secret ballot which involved all qualified employees, and NUFAM
succeeded in getting 62.73% of the votes, and thereafter on August 2013,
the DGIR issued the formal letter acknowledging NUFAM as a recognized union. It
must be noted that in Malaysian law, MAS, as employer, would have had to agree
on the list of qualified employees entitled to vote before the secret ballot,
and as such challenging the result and the subsequent recognition of the Union
is bad.
Sadly,
on 4/10/2013, MAS challenged the decision of the Minister to
accord recognition to NUFAM, and filed a Judicial Review application in the
High Court. MAS also allegedly applied for an interim stay order thus depriving
NUFAM the ability to move forward towards a Collective Bargaining
Agreement(CBA).
On 29/11/2013 MAS wrongly terminated
Ismail Nasaruddin, the President of NUFAM, without even having a Domestic
Inquiry, hence denying him the right to be heard and a fair hearing. Ismail was
first suspended and then terminated allegedly by reason of a statement he
issued in his capacity as President of NUFAM, which appeared in the media,
which amongst others stated :- ‘…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…’ It also raised other worker
issues (The Sun Daily, 8/11/2013, NUFAM
calls for resignation of MAS' CEO).
MAS send him a show cause letter on 8/11/2013, which
also immediately suspended him. Thereafter, Ismail received another letter
terminating him on 29/11/2013. According to a Malaysiakini report, it is
alleged that MAS
said Ismail had acted in contradiction with his duties as a chief steward of
the airline by issuing the statement.(Malaysiakini,
14/11/2011, MAS suspends chief steward for criticising CEO). This is absurd
as the statement was issued in the capacity of a Union President, not a mere
employee whereby even an ordinary employee should never be denied his freedom
of opinion or expression.
In response, 43 civil society groups and trade
unions, including the International Trade Union Confederation(ITUC), issued a
Joint Statement on 3/12/2013, entitled, “MAS Must Immediately Revoke
Suspension of Union President Ismail
Nasaruddin Worker Right Issue Should Be Resolved By Negotiations Not
‘Union Busting’.
Then,
in December 2013, disciplinary action was taken by MAS against about
10 NUFAM members allegedly based on comments made by them in their NUFAM
Facebook Group. They were all suspended, but thankfully the disciplinary action
seem to have been discontinued against 9. However, one Flight Attendant Ms
Farahtina Kassim is still suspended from her flying duties since 8th December
2013 and even though she is now receiving full wages, she is being deprived of
her flying allowance which constitutes a substantial sum of her ordinary
take-home income.
Now
in February 2014, the show cause letter is against some 30
employees. The most recent allegation of participation in an ‘illegal
gathering’ at the Human Resource Ministry is absurd given the reason that it a
fundamental right for workers and/or their unions to file complaints and make
representation to the government, including the Human Resource Minister. There
has also been no known report or actions taken by the police or relevant
authorities that indicated that any ‘illegal gathering’ even took place on
27/11/2013 at the Ministry. In any event, even if workers went to the Ministry
not during their working hours, MAS certainly cannot make this a worker
misconduct. Being convicted of serious crimes may be a basis for commencement
of misconduct, but here there seem to have been no arrest, investigation or
even prosecution at all. One also wonders whether there is ‘mala fide’ on the
part of MAS to suddenly in February 2014 to issue show cause letter with regard
to things that happened in November last year.
On or about 14 February 2014, Ms
Farahtina Kassim and 3 others were terminated.
It is suspected that the timing of these recent actions
by MAS may have been because the MAS’s judicial review at the High Court
challenging of the recognition accorded Minister to NUFAM was fixed for
18/2/2014, which now has been adjourned to 27/3/2014.
Taking into consideration all these actions of MAS,
it is difficult not to come to the perception that MAS is on a ‘union-busting’
mission, which also includes persecution of Union leadership and those active
in NUFAM.
Malaysia, being a member of the international
community, must also act in accordance with International Standards including
Ruggie’s Guiding Principles on Business and Human Rights:
Implementing the United Nations “Protect, Respect and Remedy” Framework ,
whereby in cases of government-linked companies like MAS, the obligation is
even greater. The Guiding Principles do state that “States should take
additional steps to protect against human rights abuses by business enterprises
that are owned or controlled by the State, or that receive substantial support
and services from State...”.
No
worker, group of workers or unions should be barred from making public
statements to the media or otherwise in the struggle for worker rights and
human rights. This right is clearly acknowledged in the Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human Rights
and Fundamental Freedoms, commonly known today as the UN Human Rights Defender
Declaration.
We call on Malaysian Airlines to immediately cease
all ‘union busting’ activities including the commencement and continuation of
disciplinary actions against members and potential members of NUFAM.
We call on MAS to immediately discontinue the High
Court action challenging the recognition of NUFAM, and to immediately sit down
and work towards a Collective Bargaining Agreement with NUFAM.
We call again on MAS to immediately and
unconditionally reinstate Ismail Nasaruddin, the president of the Union, Ms Farahtina
Kassim and the 3 other flight attendants that have been terminated.
We call on MAS to recognize and respect worker
rights including the freedom of association and the right of qualified
employees to join the Union.
We call on the Malaysian government, being also a
member of the International Labour Organization (ILO), and also having
substantial influence in MAS, a government linked company, to ensure that
worker rights and union rights are respected by MAS.
We call
on Malaysia to immediately amend or repeal all laws that hinder or delay the
speedy formation of trade unions and entry into Collective Bargaining Agreement
with employers.
Senator
Syed Shahir bin Syed Mohamud
Charles Hector
Mohd Roszeli bin Majid
Pranom Somwong
For and on behalf the 52
organisations listed below
ALIRAN
All Nepal Federation of Trade Unions
AMRC, Hong Kong.
Cambodian Human Rights and Development Organization-
ADHOC
Centro De Reflexión Y Acción Laboral (CEREAL)
COAC
(Center for Orang Asli Concerns), Malaysia
Committee
for Asian Women, Bangkok
Community Action Network(CAN), Malaysia
CWI (Committe For Workers International) Malaysia
Damn the Dams
Dignity
International
FARR(Friends'
Association for Rural Reconstruction) Orissa, India
Human Rights Ambassador for Salem-News.com , UK
Kesatuan Eksekutif AIROD
Kesatuan Eksekutif Canon Opto (Malaysia) Sdn Bhd
Kesatuan Pekerja-Pekerja Perodua
Kesatuan
Pekerja-Pekerja Dalam Perkhidmatan Perubatan Dan Kesihatan Swasta
Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific(KPPAP),
Malaysia
Kesatuan Sekerja Industri Elektronik Wilayah Selatan,
Semenanjung Malaysia
MADPET (Malaysians Against Death Penalty and Torture)
Malaysians for Beng Hock
Malaysian Physicians for Social Responsibility MPSR
Malaysian Trade Union Congress (MTUC) Pahang
Malaysian Trade Union Congress (MTUC) Perak
Malaysian Trade Union Congress (MTUC) Selangor & Wilayah Persekutuan
MHS Employees Union, Malaysia
Migrant Forum in Asia (MFA)
Migrante International
National Union Employees in Companies Manufacturing
Rubber Products(NUECMRP)
National Union of Hotel, Bar and Restaurant Workers
(NUHBRW), Malaysia
National
Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
Network of Action for Migrants in Malaysia (NAMM)
Paper Products Manufacturing Employees’ Union of Malaysia
(PPMEU)
Parti Rakyat Malaysia(PRM)
Parti Sosialis Malaysia(PSM)
Pax
Romana ICMICA
Peoples Green Coalition
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Masyarakat Selangor & Wilayah Persekutuan
(PERMAS)
Persatuan
Sahabat Wanita Selangor, Malaysia
Pusat
KOMAS
Sahabat Rakyat Working Committee, Malaysia
Saya
Anak Bangsa Malaysia (SABM )
Selangor & Federal Territory Textile Workers Union
Suara Rakyat Malaysia (SUARAM)
Tenaga Nasional Junior Officers Union (TNBJOU)
Thai
Labour Campaign, Thailand
THINK
Centre, Singapore
WAC, Cavite, Philippines
WH4C (Workers Hub For Change)
Women
Workers Lead, Malaysia
Yayasan LINTAS NUSA – Batam
Asia
Pacific Forum on Women , Law and Development ( APWLD)
Club Employees Union Peninsular Malaysia
Joint Statement – 3/12/2013- now 43
MAS Must
Immediately Revoke Suspension of Union President Ismail Nasaruddin
Worker Right
Issue Should Be Resolved By Negotiations Not ‘Union Busting’
We, the 43 undersigned civil society groups, trade unions and organizations are
disturbed by the news that Malaysian Airlines, a government linked company, has
suspended the president of the National
Union of Flight Attendants Malaysia (NUFAM), Ismail Nasaruddin in connection
with a statements made to the media by the Union, which amongst others
suggested that MAS’s Chief Executive Officer (CEO), Ahmad Jauhari Yahya who was appointed
in 2011, should resign. Ismail was
allegedly suspended without allowances with immediate effect starting Nov 8
following a news report quoting him that was published on the same day.
According to a news report, ‘…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…’ (The Sun Daily, 8/11/2013, NUFAM calls for resignation of MAS' CEO).
Amongst the alleged grievances being raised by NUFAM, which represents 3,500 cabin crew at Malaysia Airlines (MAS), as was contained in the said Sun Daily report are:-
· New policy imposed by MAS on 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;
· 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, and 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; and
· That the MAS management have allegedly cut costs drastically which affected the cabin crew resulting also a failure to review allowances and salaries.
We are especially concerned with this ‘weight control ruling’ which certainly is discriminatory against women, especially to those returning from pregnancy. Increase of body mass index sometimes may be beyond the control of a human being, and this really should not be used to affect their employment.
NUFAM alleges that it wants MAS to
sit down with the Union to discuss and negotiate a new Collective Bargaining
Agreement (CBA/CA) but apparently MAS is not interested to do so at this
moment, citing as reason some judicial review.
Now, MAS has commenced disciplinary
actions against Ismail Nasaruddin, and according to a Malaysiakini report, it
is allegedly because MAS
said Ismail had acted in contradiction with his duties as a chief steward of
the airline by issuing the statement. (Malaysiakini,
14/11/2011, MAS suspends chief steward for criticising CEO)
Now, clearly the statements were made by Ismail in his
capacity as President of the Union, representing some 3,500 workers, and as
such he has the duty and obligation to fight for the rights of workers and that
includes applying pressure on the employer and even calling for the removal of
any of such employer’s officers or even Directors who is standing in the way of
a prompt resolution of the dispute. Unlike employers, every day that a worker’s
issues is not resolved, it is the workers that will continue to suffer. A
prompt resolution is best and just.
No worker, group of workers or unions should be barred from making
public statements to the media or otherwise in the struggle for worker rights
and human rights. This right is clearly acknowledged in the Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, commonly known today as the
UN Human Rights Defender Declaration.
We condemn the action of Malaysian Airlines (MAS) in
commencing disciplinary actions against a Union leader, and urge MAS to
immediately stop this and revoke the suspension of Ismail Nasaruddin.
We call on MAS to immediately sit down, negotiate and resolve
these outstanding worker issues with the trade union rather than resorting to
‘union busting’ strategies which include disciplinary actions against worker and union leaders who dare to fight
for worker rights.
We call on the Malaysian government to immediately to act, given
the fact of the much influence it has in a government-linked company like MAS,
to ensure that justice is done for Ismail
Nasaruddin, the Union and its members.
Senator Syed Shahir bin Syed Mohamud
Charles Hector
Mohd Roszeli bin Majid
Pranom Somwong
For and on behalf of the following 43 civil society groups, trade unions
and organizations
ALIRAN
Asia Pacific Forum on Women, Law and
Development (APWLD)
Cambodian Human Rights and Development Association
(ADHOC)
Center for Orang Asli Concerns (COAC)
CWI Malaysia (Committee For A Workers
International Malaysia)
Damn the Dams
Dignity International-Asia
Friends of Burma
Human Rights Ambassador for Salem-News.com, United Kingdom
Jaringan Rakyat Tertindas(JERIT)
Kesatuan Eksekutif AIROD (KEA)
Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific
Kesatuan Sekerja Industri Elektronik Wilayah Selatan
Semenanjung Malaysia (KSIEWSSM)
MADPET (Malaysians Against Death Penalty and Torture)
Malaysians for Beng Hock
Malaysia Youth & Students Democratic Movement (DEMA)
MTUC Pahang
National Union
of Hotel, Bar and Restaurant Workers (NUHBRW)
Network of Action For Migrants in Malaysia (NAMM)
Paper and Paper Products Manufacturing Employees Union
(PPPMEU)
Philippine Alliance of Human Rights Advocates (PAHRA)
Parti Rakyat Malaysia (PRM)
Parti Sosialis
Malaysia (PSM)
Partido ng Manggagawa (Labor Party-Philippines)
Pax Romana-ICMICA Asia
Peoples' Green Coalition
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Sahabat Wanita, Selangor
Pusat KOMAS
Sahabat Rakyat Working Committee
Sarawak Dayak Iban Association[SADIA]
SUARAM
Tenaga Nasional Junior Officers Union (TNBJOU)
Tenaganita
The Filipino Women's Organization in Quebec
WIRDA (Women’s Institute Research Development and
Advancement), Malaysia
Women’s Centre for Change Penang
Workers Hub For Change (WH4C)
Yayasan LINTAS NUSA – Batam, Indonesia
Saya Anak Bangsa Malaysia (SABM)
Law and Society Trust.Colombo Sri Lanka
ITUC(International Trade Union Confederation)
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