Tuesday, April 29, 2025

Workers and Trade Unions - still victim of draconian laws. History reminded? Pos Unions Leader in defence of employer - need for worker/union reforms?

In 2017, finding that there was very little on the history of Malaysian Labour Movement, I researched and wrote several articles that was also re-published by ALIRAN, Malaysiakini and several other websites. A understanding of HISTORY is crucial, as it HIGHLIGHTS how Malaysian labour movement was once very strong when it did not just fight for labour rights, but also for Independence of Malaya, and all issues that really affect the worker, the citizen or people of the nation.

The state of the labour movement in Malaysia (Part 1)

The Malaysiakini reports(1st Part) is re-published here as we move towards MAY DAY

When will the Malaysian Government finally grant 'INDEPENDENCE' to the workers and their unions by the abolition of draconian laws and provisions - so that workers and their unions can be FREE to again FIGHT for Better Rights (better than what is contained in their Employment Contracts or Collective Bargaining Agreements), and also fight for BETTER RIGHTS than contained in existing laws of the land. Allow workers through their Unions to also fight in the political arena - to fight or even support parties/candidates willing to fight for BETTER RIGHTS of workers.

It is so sad that the government now is only interested on Minimum Wages, but NOT the betterment of the other rights. Stop preventing union/workers to actively participate through their Unions in matters of creating a better Malaysia > now they can only be interested in and focus on employer-employee issues, 'prevented' from effectively taking Industrial Actions to 'force' or compel employers to give them BETTER RIGHTS, better than minimum rights in law, better than rights contained in employment agreement/Collective Bargaining Agreement.

Only 3% of private sector workers are trade union members, and less than 2% are covered by collective agreements.

SAD when Unions and their leaders come to the defence of the Employer Company, CEO - rather than workers.

The Union of Pos Malaysia Uniformed Staff (UPUS) and its branches in Sarawak and Sabah have defended Group Chief Executive Officer Charles Brewer over recent remarks regarding delays in the supply of new staff uniforms... NST, 22/4/2025 

How sad for workers in Malaysia, when their UNIONs and leaders fails to fight for the PROMOTION of better rights, or Defend Workers when Rights have been violated. YELLOW UNIONS was the label given for pro-employer Unions. Will the worker members of the Pos Malaysia Unions kick out such pro-employer Unions? 

FEATURE | In Malaysia, the trade union movement seems to be weakening, with the number of unions and unionised workers steadily decreasing.

According to the Trade Union Affairs Department, only 875,193, or six percent, of the 14.5 million workers in the country, are currently union members. Union membership in the private sector also shows a marked decrease, dropping from 433,702 in 2009 to 359,206 in 2017.

Traditionally, trade unions have been controlled by laws, first imposed by the British colonial administration. This practice was continued post-independence by their successors, the Umno-led BN.

Malaysian trade union and labour laws fall far short of minimum international standards.

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Even when Malaysia wanted to be part of the Trans-Pacific Partnership agreement (TPPA) – itself perceived to be a threat to labour rights – one of the preconditions was that Malaysia should make significant amendments to its labour laws to bring it up to par with minimum human rights and worker rights standards.



Although the government promised to implement some of the provisions of the TPPA despite the deal falling through, no amendments have been made to labour laws.

When there are violations of worker or trade union rights, many Malaysian unions still do not choose to struggle through pickets, strikes or campaigns against employers.

Instead, they choose to lodge complaints with relevant government institutions, which leads to court actions, and possibly the appeal process, which can last for many years.

Even when workers and unions do win, the remedies are weak, having no real impact on employers nor instrumental in bringing about legislative changes. Employers are very happy with the state of affairs, for this method of industrial dispute resolution does not really impact its business and profits. The only victims are workers and unions.

Surviving within a limited space

What has happened to the trade union movement is an acceptance of the limitations imposed on them by authorities, and a choice of surviving within that limited space with a strong adherence to the law, even if that law is unjust.

There is also very little effort to reach out to the Malaysian public or even elected representatives for help in the fight for justice.

Since 1998, Malaysians generally have become braver, and have started coming out in much larger numbers in peaceful assemblies to protest wrongdoings and demand changes. But alas, this has not moved the trade union movement or workers to do the same, despite the continued erosion of worker and trade union rights.

The absence of a progressive and dynamic new breed of worker leaders may also be a factor. Current existing union leaders seem to have been compromised – worried more about union de-registration, the financial security of union members, or perhaps their own.

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But the struggle for better rights and justice will always have an element of risk, and unless unions and their leaders are brave enough to fight for justice and rights, then things will not change.

Union leaders have also forgotten how to use their largest asset, namely the large numbers of workers acting in solidarity.

Union leaders today often choose to act alone, in a representative capacity – but neither employers nor government ministries are really worried because they believe that unions are weak, and that their leaders are incapable of moving even their own membership to collective action.

Even when pickets are carried out, the members that do come out and participate is but a small percentage of the membership. The last few large pickets or protests that occurred in Malaysia were from migrant workers, and many of them are not even unionised.

What happened with Malaysian Airlines when the company decided to get rid of about 6,000 workers is an indication of the state of the labour movement. These were all mostly unionised workers, with the unions affected having thousands of members, and yet not a single dedicated mass protest took place.



To appreciate how the Malaysian trade union movement came to be this way, the history of the labour movement in the country has to be recounted, particularly before the subjugation of the labour movement by the British.

The Malaysian Trade Union Congress (MTUC), unfortunately, is a creature of British manipulation, emerging only after much stronger unions, federations, and leaders were suppressed.

One would have expected that the MTUC and the larger labour movement would have undergone a resurrection after Malaya gained independence in 1957, but that did not happen.

The ‘union way’

With the passage of time, workers themselves have forgotten the past, and how strong the labour movement was at one point in the history of Malaysia.

This lack of historical knowledge, complemented by a lack of education and empowerment of workers and union members by existing “leaders,” keeps unions weak.

For many workers today, the union is simply a “subscription” deducted automatically from their salary by employers and transmitted to their unions, and the little benefit that they get from collective bargaining, which are usually salary increments and bonuses.

Unions now also seldom have regular meetings for its members, if at all, which has been proven to be essential for the strengthening of solidarity, enhancing knowledge of members, and strengthening unions as a whole.



The lack of members being involved in decision-making and union actions has also developed in an overall lack of interest. The dearth of new leaders is also problematic, and we find the same old people retaining union leadership positions for years and years.

Things need to change, if unionism and the labour movement are to become stronger and more effective, but standing in the way are the existing leaders of unions.

It is easy to blame the government and existing laws, but if workers and unions are not ready to fight for better rights together, then the legislative hurdles to overcome will only get taller.

There must be a “union way” – a collective struggle with all workers standing together in solidarity, not a handful of representatives working without the participation or support of their members.

Part 2: The origins of the labour movement in Malaysia

Part 3: How the British suppressed the Malayan labour movement

Part 4: The last breath of the labour movement?

Source: Malaysiakini, 16/11/2017 


Pos Malaysia unions defend CEO, say uniform remarks misunderstood

KUALA LUMPUR: The Union of Pos Malaysia Uniformed Staff (UPUS) and its branches in Sarawak and Sabah have defended Group Chief Executive Officer Charles Brewer over recent remarks regarding delays in the supply of new staff uniforms.

In a joint statement, the unions said Brewer's comments — which went viral — had been misunderstood and were not intended to belittle staff.

"We clarified the matter with Mr Charles Brewer a day after it went viral. He explained that it was a misunderstanding and has since acknowledged the mistake," the statement said.

"The union urges that this matter not be further sensationalised to avoid misinterpretation of his intentions."

The unions also praised Brewer for maintaining a strong relationship with staff and union members, saying he frequently engages on the ground to address workplace issues.

"There have been no disputes with him. The union firmly supports his leadership," they added.

On the delayed uniform supply, the unions explained it was due to ongoing quality improvements. As an interim measure, Pos Malaysia will distribute company jerseys to affected members, in coordination with the union.

The company has also begun supplying safety shoes and gloves to enhance protection for delivery staff.

"We thank the company for prioritising safety and improving both the quality and quantity of staff uniforms, in line with — and even beyond — the standards in the Collective Agreement," the statement added.

The unions said they would continue working closely with Pos Malaysia to ensure staff welfare and ongoing progress.

Brewer drew public attention after a screenshot of his reply to an employee's post about a torn uniform on the company's internal platform went viral. - NST, 22/4/2025

Torn uniform: Pos Malaysia workers' unions bashed for backing CEO
Published:  Apr 22, 2025 4:02 PM
Summary
  • Three workers' unions representing Pos Malaysia delivery staff members issues a statement defending company CEO Charles Brewer, who was recently caught in controversy for his offensive response to an employee’s query.

  • The unions says Brewer did not intend to insult the worker, and they stand to support his leadership.

  • The statement has since courted flak online as netizens slam the unions for not siding with the worker.


Three labour unions representing Pos Malaysia uniformed workers have come under fire from netizens after they appeared to take sides with the company management in an issue about staff welfare.

This followed a joint statement by the unions - Union of Pos Malaysia Uniformed Staff (Upus), Upus Sarawak, and their Sabah chapter called Keppses - where they defended Pos Malaysia Berhad chief executive officer Charles Brewer, who had been criticised for his offensive response to an employee’s query about damaged uniforms.

In the statement issued this morning, the unions said they had obtained an explanation from Brewer and believed the top executive had no intention to belittle any employee through his remarks.

“The unions understand that it was not his intention to insult the employee, but instead it was a misunderstanding, and he (Brewer) has admitted his mistake, thus, we urge that this issue not be blown out of proportion as it can create a false interpretation of his true intention.

“Throughout his service as the group CEO, he has shown great commitment to engage employees at all levels and directly interact with members of the unions, including by going to the ground to understand and address issues (faced by workers).

“He also has a very good relationship with the unions, and this has been going on harmoniously and openly without any dispute. Thus, the unions strongly support his leadership,” said the statement, signed by the organisations' respective presidents Ismail Ali (Upus), Rasdi Ahmad Mohamad (Upus Sarawak), and Henry Petrus (Keppses).

Embattled CEO

Last week, Brewer was publicly condemned after screenshots of his response to a delivery mail carrier were leaked and went viral on social media.

The screenshots from the company’s internal communications platform showed the staff member sharing a picture of his uniform, which has a tear along the seam on the right shoulder, and asking when they will get new uniforms.

Pos Malaysia uniforms

Brewer reportedly wrote in response by reminding him to be grateful for working at a delivery company that provides uniforms.

The CEO had since issued an apology to the affected employee.

On the issue of uniforms, the unions said they were informed that Pos Malaysia is providing new clothing to all workers, but this is delayed as they are “improving the material used and quality” for employees’ comfort.

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According to them, the company has also promised to add safety gear for its delivery workers, including providing safety shoes and gloves.

“Thus, the unions would like to thank the company for making improvements and for their continuous commitment towards the safety of employees and readiness to provide uniforms more than what has been agreed upon in our Collective Agreement, which is a move that clearly shows their concern and continuous support for frontline workers.”

Cold reception

Many netizens did not take kindly to the statement shared by Pos Malaysia on their official Facebook and X accounts just before 10am today.

Many had condemned the unions, whom they believed should play their role by defending the staff member involved instead of Brewer.

Some even regarded the unions’ statement as “menjilat”, which is a Malay colloquial term for ass-kissing or brown-nosing.

Charles Brewer’s response

“Workers’ unions should be defending the workers’ welfare, but now they are doing the opposite.

“The workers’ unions are siding with the CEO who has clearly insulted his employees’ rights. Charles Brewer should be sacked,” said a netizen, who replied to Pos Malaysia’s post on X.

Another social media user questioned the unions' functionality in the issue.

“What have these unions done so far? Were they only collecting monthly fees, then going to sleep?

“They supposedly have three unions for uniformed workers, but they weren’t even concerned about the delivery workers’ torn uniforms. If the staff member had not gone viral, there wouldn't be any action forever."

A Facebook user, meanwhile, shared her father's experience as a union member, saying that workers’ unions were supposed to defend their members' welfare and rights.

“But this (statement) appeared to be the opposite. Or is it that the unions today have lost their teeth? Just asking,” said the netizen.- Malaysiakini, 22/4/2025



Thursday, April 24, 2025

PKR Election Issues - Repeal Sec.18C Societies Act, Restore party members freedom of association, to end victimization of members by Party(incumbent leadership), to restore Free and Fair elections, ..

Now, after PKR division elections, there has been many complaints about the validity of the elections when MPs/ADUNs and prominent leaders find themselves being defeated, and ODDLY members of their 'team' gets elected in some cases. 

Complaints have been lodged, and the ultimate decision lies with party, i.e. the central leadership(the incumbent leaders) - and if members are unhappy with that decision - they have NO RECOURSE to the Courts because the law says so. 

But, the current central leadership before any party elections are still made up of the INCUMBENT - and they have the power to rule in favour of the incumbent - against those who may be intending to mount a challenge against the incumbent/current leadership. 

Interestingly, those who are 'victims' are supporters of Rafizi, who in the last PKR Elections managed to beat what some believed was Anwar's candidate for the No.2 position in PKR. If Rafizi challenged Anwar for Presidency - would he win? REMEMBER Anwar remaining Prime Minister depends only on the majority support of MPs - and even, if not PKR President, he can still be PM, noting Ismail Sabri was not the President of UMNO when he became PM No. 9??

Section 18C  Societies Act 1966 Decision of political party to be final and conclusive

The decision of a political party or any person authorized by it or by its constitution or rules or regulations made under the constitution on the interpretation of its constitution, rules or regulations or on any matter relating to the affairs of the party shall be final and conclusive and such decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground, and no court shall have jurisdiction to entertain or determine any suit, application, question or proceedings on any ground regarding the validity of such decision.

Section 18C, 18B and 18A, collectively in PART IA   PROVISIONS APPLICABLE TO POLITICAL PARTIES ONLY, came into being by way of amendment - after the Courts, on the application of some UMNO members declared UMNO illegal in 1987, and de-registered it. A new UMNO, UMNO Baru was speedily formed and registered. Then, the Societies Act was amended REMOVING the RIGHT of a member of a political party contesting a decision of the party to Court.

The Federal Constitution provides for the right of the individual person(citizens) to form an association, it is thus a personal right - and would not denying a member of the party the right to take matters to court when his/her right is violated a violation of one's freedom of association?

When a member is 'victimized' or aggrieved by the decision of an incumbent leadership - should not, the said member, after exercising all internal party mechanisms, have a right to refer the matter to court for an APPEAL or a JUDICIAL REVIEW?  

Article 10(1)(c) of Federal Constitution - Freedom of speech, assembly and association

... (c) all citizens have the right to form associations.

This denial of political party members recourse to COURT only applies to ONE type of Society/Association, the Political Party > hence, it is UNJUST and DISCRIMINATORY.. and the whole of PART IA, especially Section 18C must be REPEALED.

A worker terminated by an Employer can take the matter to Court claiming 'wrongful dismissal' and asking for a REINSTATEMENT - to become a worker in the company again.

So, the denial of this RIGHT to members of the POLITICAL Party is wrong. 

A political party CAN ABUSE this power to get rid of potential challengers to leadership positions of the party - Was this not what happened in UMNO when some people who may have challenged for top leadership positions were suspended or expelled - Khairy. Hishamuddin, etc. Now you understand why they did not challenge their suspension/expulsion by the party(whose leadership are then in the hands of the incumbent)

Section 18C not only says 'decision shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground' ... BUT it goes further to oust the Court's Jurisdiction, where it says, '...and no court shall have jurisdiction to entertain or determine any suit, application, question or proceedings on any ground regarding the validity of such decision...'  

In PKR now, who becomes Division Leader has powers to decided on 'DELEGATES' who will have a right to vote for the TOP leadership in PKR. So, these Division elections are very important. Previously, ALL members of PKR had the right to vote in the TOP leaders of PKR - but that changed recently when that right was extinguished, and the right to vote was given to DELEGATES.

PKR's Constitution is ODD, as it gives GREAT POWER to the President of the Party, who after party elections, have the power to add on members to the Central Leadership Council - He can choose and appoint alone 2 Vice Presidents, Secretary, several Council Members, State heads of the Party, etc. It is ODD, because reasonably this power should be with the "ELECTED' members of the Leadership Council, and not with ONE person, the President - In short, there is a REAL possibility that the Leadership Council ends up with the President's men or women, who may end up the majority. 

So, would Anwar Ibrahim's PKR entertain the complaints - and call for a re-election, most likely not...

As I mentioned earlier, I hope that this time the position for President will be CONTESTED - and we know how much support Anwar has within the party...But, after what happened in the Division elections, which will have direct bearing on WHO will be named DELEGATES who will have the right to vote in the President and Top leadership - will a Free and Fair party elections be possible.

In the case of UMNO, Zahid retained his Presidency by reason of a 'contested Resolution' by a motion tabled during a General Assemble, where normally Motions in any society are required to be tabled several days before the said General Meeting. When, it was contested, our HOME MINISTER gave an EXEMPTION ...

SO, REPEAL DRACONIAN SECTION 18C - to respect and restore one's freedom of association.

## ODDLY, when you visit PKR's Website - we do not find the Party's Constitution, and it makes no sense as even people who want to join PKR needs to peruse the Constitution first..

FREEDOM OF ASSOCIATION includes the protection of an individual member's RIGHT, to be able to challenge BAD decisions by Party, which means usually incumbent leaders, and decisions that victimized member. 

When PH came into government, one would have expected a REPEAL of Section 18C - that denied the aggrieved or victimized member, where the perpetrator is really the incumbent leadership, more so when it is actually actions to remove potential challenges to existing leaders, etc.. Now, even if a party or its leadership goes against the values/principles of the party or even the spirit of the Party's Constitution, a member has no choice to challenge it in Court. That is NOT RIGHT - and it is a violation of our FREEDOM OF ASSOCIATION. 

At present, freedom of association is also UNDERMINED by law. If a party passes a RESOLUTION at a General Meeting, it does not take effect immediately - NOT until the State(Registrar of Societies) approves. Someone once told me that a Trade Union passed a Resolution to increase its membership fees - but it could not do so because the Registrar of Trade Union said 'NO" - the State should never be allowed to have the final say, after members or the General Assembly decides on something.

The State should ACT only when any Society/Association/Trade Unions Violates the LAW - Their role in approving/disapproving Resolutions and decisions of societies and associations must end.

Now, event for an Alumni Association, the Registrar of Societies disallows the power to get donations - WHY? Why are some societies allowed to collect donations and others disallowed. An Alumni association cannot collect public donations to help out the school, victims of flood and victims of natural disaster is really unjustified. This happened in my school Alumni association, when we went for registration > is it also happening elsewhere? 

If one is worried about PUBLIC DONATIONS - then enact needed laws, to prevent the use of donations collected other than for the purpose it was collected...but let societies/associations/Trade Unions to right to collect public donations be it for the work of such groups, or for some other specific purposes...

OUR Societies Act need to be reviewed, and draconian provisions need to be deleted...

PKR election: How division results threaten Rafizi's grip
Lee Way Loon & Alyaa Alhadjri
Published:  Apr 23, 2025 10:15 AM
Summary
  • Recent PKR divisional election results have been unfavourable for Economy Minister Rafizi Ramli's camp, potentially impacting the upcoming central leadership polls.

  • Changes to the party's electoral system, particularly the delegate system, make these divisional results crucial for national-level leadership votes.

  • Allegations of electoral irregularities, especially with the electronic voting system, have surfaced, prompting a PKR Central Leadership Council meeting to address concerns.


The recent PKR divisional election has delivered a blow to deputy president Rafizi Ramli’s camp, with several of his key allies losing out - signalling a tough battle ahead in the party’s central leadership polls next month.

The results carry more than symbolic weight. Due to changes in the party’s electoral system, the outcomes of these divisional contests will directly shape the national-level leadership vote.

PKR regularly adjusts its internal election rules. This time, it has reinstated the delegate system, where some 30,000 delegates from 222 divisions nationwide will vote to elect 20 central leadership council members and six top posts: president, deputy president, and four vice-presidents.

What complicates matters further is how these delegates are chosen.

Malaysiakini understands that the delegates to the national congress will include the permanent chairperson, deputy permanent chairperson and all central leadership council members.

It will also include representatives from each division: 46 committee delegates, 40 ordinary delegates, and several additional delegates.

The 46 committee delegates are drawn from the main body and two wings of each division - the youth wing, and women’s wing.

Ordinary and additional delegates are nominated by divisional chairperson candidates, in proportion to the votes they receive. - Malaysiakini, 23/4/2025