If Minister allows, Migrant Worker can become leaders of Malaysian Trade Unions - Thus, only remaining issue is the RIGHT of Migrant Workers to form Trade Unions

Migrant Workers CANNOT form Trade Unions, but they can JOIN Trade Unions

For a long time, we thought that MIGRANT workers could never be elected as Office Bearers of Trade UNIONS - but recently Malaysia told ILO that migrant workers CAN BE office bearers of Trade Unions.

HOW? The UNION applies to the Minister under Section 30 for an EXEMPTION...

The law as is:- 

 Section 28  Officers [TRADE UNIONS ACT 1959]

(1) A person shall not be or act as a member of the executive of a trade union or any branch thereof, or of any federation of trade unions, and shall be disqualified for election as such member, if-

(a) he is not a citizen of the Federation;...

...Provided that paragraphs (a) shall not apply in the case of a union which, in the opinion of the Minister, is required by its objects to represent persons or the interests of persons who are not resident in Peninsular Malaysia, Sabah or Sarawak, as the case may be. 

Section 30  Power of Minister in relation to sections 28 and 29

The Minister may by order-

(a) declare that section 28 or 29 shall not apply to any registered trade union or class of registered trade unions specified in the order; or

(b) grant, either absolutely or subject to such conditions as he may consider reasonably necessary, exemption from all or any of the provisions of section 28 or 29 in respect of officers or employees or such proportion or class of officers or employees of any registered trade union or class of registered trade unions as may be specified in the order.

# Section 29 is about EMPLOYEES of Trade Unions 

Thus, now all Malaysian Trade Unions who also have MIGRANT WORKER members can apply for a Section 30 Exemption which will allow Migrant Workers, like any other members, to also be able to stand for UNION elections - and maybe even be elected in as office bearers and leaders of Trade Unions...  JUSTLY all Trade Unions with migrant worker members should apply for this EXEMPTION - Will a Migrant Worker get elected as a UNION leader > that depends on the members of the said Union who will democratically elect their leaders...

 

Migrant workers

 

Malaysia affirms that section 28(1)(a) of the Trade Unions Act 1959, which requires the authorization of the Minister of Human Resources prior to the registration of union office bearers, plays a crucial role in safeguarding national security and upholding the integrity of the industrial relations system. As of 2024, more than 28,000 foreign workers are registered as union members. To further support inclusive representation, a blanket ministerialexemption, effective from 15 January 2025, was granted to a trade union that submitted a formal application to register their office bearers under section 28(2) of the Act. This exemption enables non-citizen union officers to serve without requiring individual approval, demonstrating Malaysia’s balanced and progressive approach to trade union governance. – This is what Malaysia told ILO, an extract from ILO Committeeon the Application of Standards CAN/PV.17/Malaysia-C.98 dated 10 June 2025 - see page 11

 

Trade Unions (Alice Smith School Teachers’ Union) (Exemption) Order 2025 – ‘The Minister exempts the officers of the Alice Smith School Teachers’ Union who are not a citizen of the Federation from the provision of paragraph 28(1)(a) of the Act.’

 

No Trade UNION would have happy with the DISCRIMINATION faced by their fellow union members - simply because they are NOT Malaysian citizens..

 

A UNION treats all WORKERS as EQUAL - they do not DISCRIMINATE based on GENDER and certainly not based on Nationality.

 

What about NON-CITIZEN employees - well, one most important JOB of a Trade Union employee is the 'Union Organizer' who works to convince workers to join the Trade Union > and if there are workers of other nationalities - it makes GOOD SENSE that the UNION employs someone who is fluent with the language of such non-Malaysian nationals, and it is also important to facilitate communication between said non-Malaysian national worker with the Union, and even with Labour Department/Industrial Relations Department/Police/etc - thus a UNION employee who can help in Translation is CRUCIAL...

 

Section 29  Employees of a trade union 

(1) A registered trade union or registered federation of trade unions may, subject to subsection (2) and the rules of such trade union or federation of trade unions, employ any person as an employee of the registered trade union or of the registered federation of trade unions.

(2) A person shall not be employed by a registered trade union under subsection (1)-

(a) if he is not a citizen of the Federation resident in Peninsular Malaysia, in the case of a trade union in Peninsular Malaysia, or resident in Sabah, in the case of a trade union in Sabah, or resident in Sarawak, in the case of a trade union in Sarawak;....

...Provided that paragraph (a) shall not apply in the case of union which, in the opinion of the Minister, is required by its objects to represent persons or the interests of persons who are not resident in Peninsular Malaysia, Sabah or Sarawak as the case may be, and that paragraph (c) shall not apply to a federation of trade unions registered under Part XII.

(3) Any person who is disqualified to be employed by a trade union under subsection (2) and has himself so employed without first obtaining the exemption of the Minister under paragraph 30(b), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

WILL Malaysia now allow Trade Unions to employ non-citizens? Migrant workers are now only allowed to work in certain sectors - Will Malaysia NOW allow foreign nationals to be employed by Malaysian Trade Unions - noting that now, there are about 2 million plus foreign workers in Malaysia - YES the Malaysian Government must allow this.

 

AS, a matter of policy and practice, the Labour Ministry(HR Ministry) also must have staff who are FLUENT in the language of different nationalities allowed to work in Malaysia - to facilitate filing of complains and law enforcement process. 

 

Malaysia have MIGRANT workers from India, Bangladesh, Nepal, Myanmmar, Vietnam, Cambodia, Thailand ... and we do not want 'LANGUAGE' to prevent the due administration of labour justice in Malaysia...? 

 

RIGHT of Migrant Workers to form Trade Unions 

 

If one talks to Malaysian workers and Trade Union members, one realizes that NOT all workers want to FORM, or even JOIN Trade Unions - It all starts with a FEW workers taking the initiative to form Trade Unions. Thus, at a WORKPLACE, if those who want to form a Trade Union are only MIGRANT WORKERS - it is GROSSLY UNJUST that these workers are denied the right to move forward and form a TRADE UNION.

 

Malaysia must END DISCRIMINATION against migrant workers in Malaysia - and allow MIGRANT workers to be able to FORM Trade Unions...

 

MALAYSIA MUST BE A COUNTRY THAT RESPECTS WORKER AND TRADE UNION RIGHTS - and this DISCRIMINATION by law against Migrant Workers MUST END - after all, Migrant workers make up approximately 15-20% of Malaysia’s workforce, now around 2.2 million documented foreign workers...