Repeal MAS Administration Act, urge groups (Rakyat Post)

* Full Statement - 64 :- Repeal MAS Law That Suspends Or Deny Existing Worker And Trade Union Rights And Access To Justice – Laws that deny worker rights to assist businesses should never be enacted

Repeal MAS Administration Act, urge groups

 

By:
A. Azim Idris

The collective of groups, in a statement, says the act is unjust to workers and trade unions of employees of the Malaysia Airlines (MAS).

KUALA LUMPUR, Aug 4, 2015:

Sixty-four civil society organisations have called for the government to repeal the Malaysian Airline Systems Bhd (Administration) Act 2015, which came into effect in February this year.

The groups, in a statement, said the act was unjust to workers and trade unions of employees of the airline.

“(We) are disturbed by the government’s unjust use of an Act of Parliament to suspend and deny existing worker rights in law.”

All pending cases, with regard to labour matters, be it with workers or unions, they said, should be justly resolved or settled by MAS Bhd and its owners Khazanah Nasional.

“This includes access to justice mechanisms, for the benefit of a private business and employer, being the Malaysian Airlines System Berhad (MAS Bhd), now wholly-owned private company by Malaysia’s sovereign wealth fund, Khazanah Nasional Bhd,” they said today.

The groups included the Malaysian Trades Union Congress (MTUC), Aliran, the National Union of Flight Attendants Malaysia (Nufam), Airlines Workers’ Union Sarawak and Tenaganita.

They pointed out that following the implementation of the act, a moratorium would take effect where “no proceedings and no execution or other legal process in any court or tribunal may be commenced or continued with, and no distress may be levied, against the administered companies or their property, except with the prior written consent of the administrator”.

“What is disturbing is that when the administration and moratorium ends, all monies, assets and business of MAS Bhd would most likely be transferred to a new legal entity, Malaysian Airline Bhd (MAB).

“There are currently many cases initiated and filed, now pending before access to justice mechanisms, including tribunals and courts, between workers and MAS Bhd, the employer, claiming wrongful dismissal and/or other worker rights, or between trade unions and MAS Bhd.

“The effect of the moratorium is that all these actions and cases will stop, and not proceed further until administration of MAS Bhd ends.

“At the end, when the moratorium is lifted, MAS Bhd would most likely be an empty shell — with no work and no money. Hence, it will be workers and trade unions that will suffer.”

Apart from repealing the act, the groups also urged the government to reverse the effect it had on workers and trade unions.

“No law should be enacted to suspend or deny worker rights for selected employers”

All pending cases with regard to labour matters, be it with workers or unions, they said, should be justly resolved or settled by MAS Bhd and its owners, Khazanah Nasional. - Rakyat Post, 4/8/2015