MTUC (Malaysian Trade Union Coingress) have been objecting to the recent amendments to the Industrial Relations Act - BUT, what exactly were they objecting to? It would help if we knew.
MTUC complain seem to be that there was no CONSENSUS agreement at the National Labour Advisory Council(NLAC) - no agreement before by MTUC and the MEF(The Malaysian Employers Federation) - Is that all?
MTUC president Datuk Abdul Halim Mansor (pic) said Human Resources Minister M. Kulasegaran tabled the proposed amendments without the endorsement of the labour centre and Malaysian Employers Federation (MEF). He said the minister should have received the consensus from the National Labour Advisory Council (NLAC) on the amendments before tabling the proposals in Dewan Rakyat last Monday (Oct 7).
NLAC is made up of MTUC, MEF and government.
MTUC is supposed to be representative of workers in Malaysia BUT was not appointment of MTUC to represent workers and trade unions really a 'political appointment' of the government. So, was MEF a political appointment.
If all Malaysian Trade Unions and workers DEMOCRATICALLY elected MTUC to represent workers and trade unions in Malaysia, it will be different...
MTUC's membership is about 30% of Malaysian Unions, and only about 7% of all workers in Malaysia are unionized - majority un-unionized. Did all the trade unions democratically elect the MTUC to represent all Malaysian Trade Unions.
CONCENSUS at NLAC - If that is what MTUC is fighting for, it is foolish. WHY? Many employers will object to demands to increase worker and trade union rights...and remember that the government are also employers ... in many cases. Worker rights will SUFFER if MTUC insist on concensus...
If the government takes on MTUC's proposals and pass laws ..that is the BEST we can achieve..
SO, again we ask what exactly is MTUC objecting to ...what amendments and WHY?
The Malaysian Bar seem to be happy with some of these amendments - maybe MTUC should come out with a CLEAR STATEMENT as to what amendments they think are good...and what are BAD.
Press Release | The Malaysian Bar Welcomes Amendments to the Industrial Relations Act 1967 Tuesday, 29 October 2019 02:36pm
The
Malaysian Bar welcomes the amendments to the Industrial Relations Act
1967. The amendments, which take the form of the Industrial Relations
(Amendment) Bill 2019, was tabled in the Dewan Rakyat on 7 October 2019
and passed on 9 October 2019. The Bill is set to be tabled in the Dewan
Negara.
Leading
up to the tabling of the Bill, the Bar Council through its Industrial
and Employment Law Committee, have had many consultations with the
Honourable Minister of Human Resources, YB M Kula Segaran, and officials
of the Ministry over the past one year, whereby the Bar Council's views
were consistently sought on the proposed amendments.
Having
perused the proposed amendments, the Bar Council is pleased to note
that several proposals by the Bar Council have been adopted by the
Ministry which the Bar Council views as progressive. These proposals
which the Bar Council views favourably are as follows:
(1) Direct reference of unfair dismissal presentations to the Industrial Court by the Director General where the matter is not settled;(2) The Industrial Court is allowed to continue its proceedings notwithstanding the death of a workman;(3) All awards of the Industrial Court for the payment of money shall carry interest;(4) The replacement of a cumbersome judicial review process with a direct appeal to the High Court against awards;(5) The removal of a maximum cap of 24 months' backwages on dismissals premised on union-busting activities; and(6) The increase in fines and penalties for non-compliance with Industrial Court awards.
The
Malaysian Bar therefore stands by the amendments, and views the passage
of the amendments through the Dewan Negara as a positive development.
Abdul Fareed Abdul Gafoor
President
Malaysian Bar
29 October 2019
Source: Malaysian Bar Website
MTUC urges Dewan Negara to reject 'rushed' labour law amendments
- Nation
-
Sunday, 13 Oct 2019
MTUC president Datuk Abdul Halim Mansor (pic) said Human Resources Minister M. Kulasegaran tabled the proposed amendments without the endorsement of the labour centre and Malaysian Employers Federation (MEF).
He said the minister should have received the consensus from the National Labour Advisory Council (NLAC) on the amendments before tabling the proposals in Dewan Rakyat last Monday (Oct 7).
The permanent constituents of the NLAC include the Human Resources Ministry, MTUC and MEF.
"In tabling the amendments unilaterally, Kulasegaran clearly reneged on his own pledge to give the NLAC full mandate to scrutinise and finalise amendments to the three main labour laws before they are presented for Government and Parliament's approval.
"His action also clearly contradicts the International Labour Organisation's Convention 144 – Tripartite Consultation, which Malaysia ratified in 2002," he said.
Abdul Halim said MTUC has sent a memorandum to all 65 senators in Dewan Negara, urging them to withhold approving the amendments and to obtain the endorsement of the NLAC as agreed by the minister.
He said MTUC's hope now hinged on the wisdom of Dewan Negara to "reject bad laws", which did not reflect the aspirations and needs of the main stakeholders, namely the MTUC and MEF.
"The actions of the minister in rushing off the amendments to Parliament was a betrayal of the trust placed by workers and unions in the ministry, particularly Kulasegaran, all this while," he said.
Abdul Halim said Dewan Negara must not allow Kulasegaran to undermine the role of NLAC and the spirit of tripartism as it would "greatly endanger" the future of the labour movement and the rights of workers.
He said despite MTUC's reminders on the minister's pledge that NLAC will be given the right to deliberate and reach a consensus on the amendments, Kulasegaran did not convene an NLAC meeting for that purpose.
"Instead on Sept 26, 2019, we were informed by the Ministry that the minister had unilaterally submitted proposed amendments to the three labour laws to the Attorney General's Chambers (AGC) for approval," he said.
The three main laws are the Industrial Relations Act 1967, the Trade Unions Act 1959 and the Employment Act 1955.
"Even more shocking is the AGC took only 10 days to approve the amendments to such important laws which contains hundreds of provisions and sections," he said.
Kulasegaran had previously responded to claims that he did not consult MTUC, saying that the government had conducted nine National Labour Advisory Council (NLAC) meetings this year and various technical committee meetings since January. - Star, 13/10/2019
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