While PM Anwar and the Kedah State government are trying to claim 'GLORY' in bringing in more investment from Infineon, what we must remember is INFINEON will respect worker and trade union rights... In the near past, there was an issue of rights violations...(The issue was never resolved as the victimized worker elected to stop pursuing for justice)
55 Groups - INFINEON MUST STOP UNION BUSTING AND DISCRIMINATION AGAINST UNION LEADERS - Reinstate Union President?
Response to Infineon's Response to 55 Groups Statement -
‘Wrongfully’ sacked workers union president turns to Suhakam for help(FMT,17/3/2017)
Who brings in investment to the country and State? The Federal government may assist - but ultimately it is STATE government that gives permission to operate factory or business facility in a State. It is the relevant LOCAL GOVERNMENT(Local Council) who has the final say as to whether a factory is permitted to operate within its local government area or not.
KELANTAN, who have for a long time been ruled by the Opposition, different from the powers that ruled the Federal government - did actively draw in foreign investors to open factories/businesses in Kelantan - and, this they did presumably without any Federal government's assistance.
Whilst the battle continues as to who is responsible for the additional investment by Infineon - the company has stayed silent.
Malaysia should only allow foreign entities to come to Malaysia to set up factories and/or business premises ONLY if they will respect worker and union rights - if the government truly cares for workers in Malaysia. There must be no union busting - or attempts to prevent trade unions.
PM Anwar: German chipmaker Infineon’s additional RM24.9b investment shows faith in Malaysia
KUALA LUMPUR, Aug 3 — Prime Minister Datuk Seri Anwar Ibrahim welcomed the continued support shown by German chip maker Infineon Technologies AG that he said reflects Malaysia’s important position in the global semiconductor supply chain.
“It complements the National Investment Aspiration (NIA) and the New Industrial Master Plan which is to attract high-tech and high-value investment to support the global and domestic economy,” he said in a statement tonight.
Anwar was commenting on Infineon’s latest plan to build a factory in Kulim, Kedah to produce the world’s largest 200mm Power Fab SiC (silicon carbide).
He also hailed the company’s additional investment of €5 billion (RM24.9 billion) over the next five years in the second phase of its module three construction.
Anwar, who is also the finance minister, said the announcement is in line with the idea of a civil economy that aims to make Malaysia an economic leader in Asia and ranked among the 30 largest economies in the world.
“I welcome the investment announcement from Infineon which has proven their faith in Malaysia.
“This announcement is an extension of my discussion with Infineon Technologies AG chief operating officer Dr Rutger Wijburg on July 24,” he said.
Over the past five decades, Anwar pointed out that Infineon has made Malaysia an important hub in wafer fabrication in Kulim in Kedah and carried out chip semiconductor packaging activities in Batu Berendam in Melaka.
He said Infineon’s continued confidence in Malaysia’s investment ecosystem reflects the country’s important position in the global semiconductor supply chain.
Infineon is Germany’s largest semiconductor manufacturer and is one of the ten largest semiconductor manufacturers in the world.
The company has been operating in Malaysia for 50 years, since 1973. Malay Mail, 3/8/2023
Infineon only decided on RM25bil investment days ago, says Anwar
Caretaker Kedah menteri besar Sanusi Nor recently said Infineon’s decision to invest in the state was made some time ago.
GEORGE TOWN: Prime Minister Anwar Ibrahim has poured cold water on caretaker Kedah menteri besar Sanusi Nor’s claim that Infineon Technologies AG’s decision to invest in the state was made some time ago.
At a ceramah here, Anwar said the German company only finalised its decision on its RM25 billion investment to expand its Kulim facility “four days ago”.
“The government is stable now, and investors are coming. More recently it was the German company (Infineon). They came to meet me and Tengku Zafrul Aziz (investment, trade and industry minister).
“The company had sought guarantees (related to the expansion) from the Kedah government in 2021, but in reality, the decision was made four days ago.”
Anwar said Infineon decided to invest in its facility at the Kulim Hi-Tech Park which was set up by the federal government.
Earlier today, Malaysia Gazette reported Sanusi as saying Infineon already decided to expand its facility in Kulim last year.
He said that he visited the Infineon factory in Kulim last year and
was briefed on their expansion plans. Sanusi also hit out at the federal
government for claiming credit for the investment. - FMT, 5/8/2023
German subsidiary’s action in Malaysia amounts to ‘union busting’, claim 55 groups
Fifty-five NGOs and unions have called for the reinstatement of Infineon Technologies’ union president Muhammad Zulfadlee Thye bin Abdullah, who they claim was wrongfully dismissed.
We, the 55 undersigned organisations and trade unions, are shocked to hear about the wrongful termination of Muhammad Zulfadlee Thye bin Abdullah, the president of the Infineon Technologies Malaysia Workers Union (Kesatuan Pekerja Pekerja Infineon Technologies (M) Sdn Bhd) at Infineon in Malacca, which is said to be the largest assembly of Infineon with a workforce of about 8,000 people.
Zulfadlee, an employee since 1998, has been the president of the union since 2005.
Infineon, a German company that produces, amongst others, electronic and auto components, which are said to be used by major brands including Apple, Bosch, Philips, Microsoft, Hewlette Packard, Dell and Continental.
On 13 December 2016, Zulfadlee was terminated on the grounds that he “committed the act of malingering”, with reference to sick leave obtained on 18 October from a doctor, Dr Aw Cheng Yew, of Klinlk Melaka, which is a panel clinic of the employer.
The basis of the allegation seems to be because he was present at an activity of the Selangor division of the Malaysian Trade Union Congress (MTUC) in Putrajaya on the same date when he was on sick leave. As such, one may assume that maybe the charge was simply pretending to be sick (or faking illness) for the purpose of avoiding work or duty.
It must be stated that the reason for termination used was not an employment misconduct stated in Infineon Technologies (Malaysia) Sdn Bhd’s document entitled Policy for Misconduct and Disciplinary.
Further, the word malingering is not a commonly used word, and as such many are unaware of the meaning of that word. To compound matters, in this case, the word malingering allegedly was never even clearly explained to Zulfadlee, whose mother tongue is the Malay language. When such English words are used in a charges levied against a worker, and then not explained clearly, it will have a tendency to be confusing and may result in injustice.
In law, Zulfadlee was entitled to 22 days of paid sick leave every year, and it must be pointed out that he was examined by a qualified doctor who concluded that he was entitled to sick leave, and a medical certificate was signed and issued by the doctor. Sick leave is given only when the doctor, after examining, decides a worker is not medically fit to perform his/her duties at work.
There was no question of Zulfadlee lying or pretending to be sick, for on the subsequent day he went to see a specialist doctor, who allegedly discovered that he had a stone in his bladder, and he was then given further sick leave for three days on 19-21 October.
Despite being on sick leave, Zulfadlee did come to the office for a few hours to do some urgent work on two of these days but he was not charged for committing the “act of malingering” for these days.
Being on a sick leave does not mean that one is to be confined at home and rest in bed and cannot do any other things including attending some union meeting or activity. Sick leave only means that he is not medically fit for work on the day, and in law he becomes entitled to paid sick leave.
On 18 October 2016, Zulfadlee said that he had no plans whatsoever to go to the Putrajaya union activity with his union members who planned to go. It was only after he had obtained medical leave whilst he was sending off the union members heading to Putrajaya, that he was convinced by his fellow union members and suddenly decided to follow them in the bus.
Now, even if an employer disputes the medical certificate issued by the doctor, then the employer should reasonably have taken action against the doctor and/or the clinic – not with the employee. It must be pointed out that generally a clinic on the panel of the employer is less likely to simply issue medical certificates to employees unless the doctor is convinced that the worker is entitled to sick leave.
In this case, the employer really had no reasonable basis to even suggest that Zulfadlee was ‘malingering’ or lied to obtain the sick leave. In such health matters, the employer is certainly not competent – only the qualified doctor is.
We do not believe that any failings of a doctor, if there even is, should ever be blamed on a worker, and certainly should not be used as justification for termination.
Further, attending or participating in a union activity cannot and should never be an employment misconduct and/or a breach of the employment contract.
Anti-union action and discriminatory action against union president
As such, we are of the opinion that the termination of the union president may really not be because of an ‘act of malingering’ by an employee, but simply a unionbusting action targeting the union president and the union.
In Infineon’s letter dated 6 January 2017 rejecting Zulfadlee’s appeal against the termination, it was stated amongst others, “The basis of our decision was premised on the fact that the Management could not condone nor mitigate punishments for a serious act of misconduct committed by a Union President leading the employees of Kesatuan Pekerja – Pekerja lnfineon Technologies Malaysia itwu.”’
This letter was signed by Lee Cheong Chee, the president and managing director of lnfineon Technologies Melaka.
The letter also stated “your illustrious career and contributions to the Company has been well acknowledged through your progress during your tenure. While that may ordinarily be a mitigating factor in considering any appeal, the Management has decided that the your act of malingering is deemed to be unacceptable and is aggravated in view of you being the Union President at the point the act of misconduct was committed…”
Besides Zulfadlee, six other members of the executive committee of the union, including the vice president and the secretary, were also targeted and subjected to disciplinary action – and some of this had ended with a stern warning, whilst only the union president was terminated.
Considering the fact that out of the over 40 employees that participated in the union programme on 18 October 2016, and only the president and six of the union leaders have been subjected to disciplinary action, it certainly looks that Infineon may be discriminating against employees who are leaders of the union, and it may be reasonably said to be an act of ‘union busting’.
The timing of these disciplinary actions and the termination of the union president, when the union and Infineon is starting negotiations concerning the next collective bargaining agreement, whereby the first meeting was scheduled for 23 January 2017, is most disturbing. Members of the union will most likely be prejudiced by this.
It looks like the employer’s actions in this case was maybe to instil fear in the union, its members and other employees, which may affect the effectiveness of the trade union. These actions of the employer would impact on the duty and obligation of unions to fight for better rights and working conditions, highlight future wrongdoings, and fight against violation of the workers’ rights. It is a failure to recognise and respect the freedom of association.
The failure of this union and/or its members to openly protest the wrongful dismissal of the union president indicates that the employer’s strategy to create a docile and compliant union may be working. It may also seriously affect the upcoming collective bargaining agreement to the detriment of employees and union members.
Obligation to uphold worker and union rights and freedom of association
Infineon Technologies (Malaysia) Sdn Bhd, a subsidiary of Infineon, a German company, in this case seems to have acted contrary to Infineon’s own policy and Code of Conduct, Organisation for Economic Co-operation and Development (OECD) Guidelines, the Electronic Industry Citizenship Coalition’s Code of Conduct, UN standards and principles; and other relevant standards and good practices.
Brands and corporations that have Infineon in their supply chain have the obligation to ensure that justice be done, and that codes of conduct or policies not be violated by reason of these action/s of Infineon, via its Malaysian subsidiary, Infineon Technologies (Malaysia) Sdn Bhd, including the discrimination and the wrongful termination of the union leader.
Justice demands that Infineon Technologies (Malaysia) Sdn Bhd should immediately reinstate Zulfadlee without electing to simply just wait for a long drawn out court process in Malaysia that could take even five to nine years before the court may award victory to a wrongfully terminated worker.
As such, unless Infineon immediately reinstates Zulfadlee, an employee of Infineon for 18 years, great injustice would be done to this worker who has wrongfully been deprived of his employment and income that is so needed for him and his family to survive.
Unjust Malaysian laws at present state that if a worker cannot be reinstated, he or she would be awarded compensation in lieu of reinstatement for just a maximum of 24 months – whereas previously this compensation would have been payment of all income the worker would have earned from the date of wrongful dismissal until the date of judgment (or reinstatement).
The new amended limit is not anymore a deterrent for employers seeking to wrongfully get rid of employees, especially worker leaders.
Further, in the case of a union leader, the chances of getting employment with any other employer, especially in the same sector, is also most difficult compared to other workers. Termination of strong union leaders is grossly unjust to the union and its members. Without immediate reinstatement, great injustice will be done.
Therefore, we
- call for the immediate reinstatement of Zulfadlee Thye Bin Abdullah, the president of the InfineonTechnologies Workers Union;
- call for the immediate withdrawal of disciplinary action/s against other union leaders and/or members, and/or for the revocation of any punishment that has already been handed out;
- call on Infineon and its subsidiary, Infineon Technologies (Malaysia) Sdn Bhd, to respect and promote worker and trade union rights and cease discrimination against union leaders, and also cease union-busting activities;
- call on Apple, Bosch, Philips and other companies that has Inineon in its supply chain to immediately ensure that Infineon respect the freedom of association of workers and workers’ and trade union rights;
- call on Germany to ensure that Infineon complies with OECD guidelines; United Nations and International Labour Organisation (ILO) standards, principles and best practices; and other similar obligations to ensure that human rights and workers’ rights are respected, protected and promoted;
- call on Infineon and Infineon Technologies Melaka to respect and promote human rights, including workers’ and trade union rights
Charles Hector
Syed Shahir bin Syed Mohamud
Mohd Roszeli bin Majid
Pranom Somwong
For and on behalf of the 55 organisations, trade unions and groups listed below:
Aliran
Asociación de Trabajadoras del Hogar a Domicilio y de Maquila–Atrahdom, Guatemala CA
Association of Human Rights Defenders and Promoters (HRDP)
Building and Wood Workers’ International (BWI) Asia Pacific
Cereal Centro De Reflexión Y Acción Laboral (Cereal), México
Center for Alliance of Labor and Human Rights (Central), Cambodia
Christian Development Alternative (CDA), Bangladesh
Clean Clothes Campaign International Office (CCC)
Club Employees Union Peninsular Malaysia
Committee for Workers International (CWI) Malaysia
Electrical Industry Workers’ Union (EIWU)
Electronics Industry Employees Union Southern Region Peninsular Malaysia (EIEUSR)
Electronic Industry Employees Union Northern Region Peninsular Malaysia
GoodElectronics Thailand
IndustriALL Global Union
Institute for Development of Alternative Living (Ideal)
Kesatuan Eksekutif Airod
Kesatuan Pekerja-Pekerja Mitsui Copper Foil (MCFEU)
Kesatuan Pekerja-pekerja Perodua Engine Manufacturing Sdn Bhd
Kesatuan Pekerja-Pekerja Perusahaan Otomobil Nasional Sdn Bhd (KPP Proton)
Malaysians Against Death Penalty and Torture (Madpet)
Malaysian Trade Union Congress (MTUC)
Movimentu Kamponezes Timor Leste-Mokatil
National Union of Bank Employees (Nube)
National Union Employees in Companies Manufacturing Rubber Products (NUECMRP)
National Union of Flight Attendants Malaysia (Nufam)
National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
North South Initiative (NSI)
Paper Products Manufacturing Employees’ Union of Malaysia (PPMEU)
Parti Rakyat Malaysia (PRM)
Pertubuhan Angkatan Bahaman, Temerloh, Pahang, Malaysia
Persatuan Komuniti Prihation Selangor & KL
Persatuan Sahabat Wanita Selangor (PSWS)
PINAY (The Filipino Women’s Organisation in Quebec), Canada
Progressive Voice, Myanmar
Persatuan Promosi Hak Asasi Manusia (Proham)
Sawit Watch, Indonesia
Solidarity of Cavite Workers (SCW), Philippines
Suara Rakyat Malaysia (Suaram)
Tenaga Nasional Junior Officers Union (TNBJOU)
Workers Hub for Change (WH4C)
Workers Assistance Centre, Inc, Philippines
Yayasan Lintaas Nusa, Batam-Indonesia
Global Women’s Strike UK
Legal Action for Women UK
Women of Colour GWS
Pusat Komas
MTUC Selangor & Wilayah Persekutuan
SHARPS, South Korea
GoodElectronics International Network
Cividep, India
Students & Scholars Against Corporate Misbehaviour (Sacom), Hong Kong
Parti Sosialis Malaysia (PSM)
Jaringan Rakyat Tertindas (Jerit)
Community Development Centre (CDC) - ALIRAN, 4/3/2017
Malaysia - Union busting tactics in the electronics sector (2013)
On 1-2 October 2014, workers in Malaysia voted for union
representation by the Electronic Industry Employees Union (EIEU) at
electronics manufacturer Infineon Technologies, despite strong pressure
and union busting tactics by management. Workers at the Kulim-based
plant in northwest Malaysia initially asked the company management for
recognition of their union in April 2014. However, Infineon rejected the
union’s demands and refused to enter a constructive dialogue with
workers. EIEU was subsequently forced to pursue a long bureaucratic
recognition procedure, while the company tried to destroy the workers’
efforts at organising. In a bid to prevent union presence, the company
tried to claim the factory was not producing electronic components.
Eventually, Infineon agreed to a secret ballot of the entire workforce.
In the run-up to the vote, the company regularly provided negative
briefings against EIEU and threatened workers. Nonetheless, more than
half of the workers voted in favour of having the union at the plant. - ITUC Website
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