"Maintain a clearer definition of Section 9 of the Industrial Relations Act;"
Section 9 is laid out below - and I am wondering what exactly does MTUC want - 'maintain a clearer definition'. I am sure that Prime Minister Najib Tun Razak will also be similarly confused. What MTUC wants is not clear? What needs to be 'more clearly defined'? - see MTUC sends 'secret' MEMO to Prime Ministers? What MTUC asking unclear..?
Well, the Memo is also not available in the MTUC website, and as such we cannot get a clearer picture save for what was reported in the media.
One must be CLEAR as to what changes one wants in law. What provisions need to be amended or repeales, and why. What changes does MTUC really want - does MTUC even know?
Well, the Acting President of MTUC is a Member of Parliament - and, he can very easily table a BILL (Rang Undang-Undang) in Parliament, which lays out clearly what amendments are needed to the current Industrial Relations Act. In tabling a Bill to amend an Act, reasons for the proposed amendments would also be inserted.
It is not the Prime Minister who makes laws, or amends existing laws > so, the proper persons to lobby for changes in law is the law makers, the Parliamentarians, Senators and the King? As the Parliamentarians are peoples' representatives - that means, MTUC should also be lobbying the people to get them to pressure the Members of Parliament to support what MTUC is demanding when it comes to changes in laws...or policies.
Honestly, if people including workers and trade unions also do not know what MTUC wants, how can we even support MTUC's demands...
MTUC represents all workers in Malaysia - and, one wonders whether it really is being a good representative? Maybe, we may need democratic elections amongst workers to choose their own representatives... for after all, a bad representative would only result in the people they represent suffering even more...It may be good to also evaluate and see what have MTUC really achieved for workers in Malaysia over the last, say 25 years?
In Malaysia, even the number of Unions and unionized workers have been shrinking - and, the blame should also fall on the MTUC and national/regional unions... Union busting in Malaysia - Unions reduced, Union membership declining.
In 2014, there were 735 trade unions but in 2015, there are just 723 trade unions...private sector trade unions, there were 485 in 2014, and 475 in 2015... In 2014, union members was 930,512 but in 2015, that number had declined to 923,938
9 Claim for recognition [INDUSTRIAL RELATIONS ACT 1967]
*(1) No trade union of workmen the majority of whose membership consists of workmen who are not employed in any of the following capacities that is to say-
(a) managerial capacity;may seek recognition or serve an invitation under section 13 in respect of workmen employed in any of the above mentioned capacities.
(b) executive capacity;
(c) confidential capacity; or
(d) security capacity,
(1A) Any dispute arising at any time, whether before or after recognition has been accorded, as to whether any workman or workmen are employed in a managerial, executive, confidential or security capacity may be referred to the Director General by a trade union of workmen or by an employer or by a trade union of employers.(1B) The Director General, upon receipt of a reference under subsection (1A), may take such steps or make such enquiries as he may consider necessary or expedient to resolve the matter.(1C) Where the matter is not resolved under subsection (1B) the Director General shall notify the Minister.(1D) Upon receipt of the notification under subsection (1C), the Minister shall give his decision as to whether any workman or workmen are employed in a managerial, executive, confidential or security capacity and communicate in writing the decision to the trade union of workmen, to the employer and to the trade union of employers concerned.(2) Subject to subsection (1), a trade union of workmen may serve on an employer or on a trade union of employers in writing in the prescribed form a claim for recognition in respect of the workmen or any class of workmen employed by such employer or by the members of such trade union of employers.(3) An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim-
(a) accord recognition; or
(b) if recognition is not accorded, notify the trade union of workmen concerned in writing the grounds for not according recognition; or
(c) (Deleted by Act A1322)
(3A) Upon according recognition to the trade union of workmen concerned under paragraph (3)(a), the employer or the trade union of employers concerned shall notify the Director General.
(4) Where the trade union of workmen concerned receives a notification under paragraph (3)(b), or where the employer or trade union of employers concerned fails to comply with subsection (3), the trade union of workmen may, within fourteen days-
(a) of the receipt of the notification; orreport the matter in writing to the Director General, failing which the claim for recognition shall be deemed to have been withdrawn.
(b) after the twenty-one day period in subsection (3) has lapsed,
(4A) Upon receipt of a report under subsection (4), the Director General may take such steps or make such enquiries to ascertain-
(a) the competence of the trade union of workmen concerned to represent any workmen or class of workmen in respect of whom the recognition is sought to be accorded; and
(b) by way of secret ballot, the percentage of the workmen or class of workmen, in respect of whom recognition is being sought, who are members of the trade union of workmen making the claim.
(4B) For the purposes of carrying out his functions under subsection (1B) or (4A) the Director General-
(a) shall have the power to require the trade union of workmen, the employer, or the trade union of employers concerned to furnish such information as he may consider necessary or relevant within the period specified in the requirement;
(b) may refer to the Director General of Trade Unions for him to ascertain the competence of the trade union of workmen concerned to represent any workmen or class of workmen in respect of whom recognition is sought to be accorded, and the performance of duties and functions by the Director General of Trade Unions under this paragraph shall be deemed to be a performance of his duties and functions under the written law relating to the registration of trade unions; and
(c) may enter any place of employment where any workmen in respect of whom a claim for recognition is sought to be accorded are being employed to examine any records or documents or to conduct secret ballot.
(4C) Upon ascertaining the matter under subsection (4A), the Director General shall notify the Minister.
(5) Upon receipt of a notification under subsection (4C) the Minister shall give his decision thereon; where the Minister decides that recognition is to be accorded, such recognition shall be deemed to be accorded by the employer or trade union of employers concerned, as the case may be, as from such date as the Minister may specify.
(6) A decision of the Minister under subsection (1D) or (5) shall be final and shall not be questioned in any court.
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