Wednesday, January 28, 2015

Is the MTUC President asking workers to abandon their legitimate claims? Why did he also not call on employers not to dismiss workers?

Mohd Khalid [President of Malaysian Trades Union Congress, Mohd Khalid Atan] said the workers must work hard and be productivity this year and at the same time not to burden the employers with overtime and other claims.
Is the President of the Malaysian Trade Union Congress(MTUC) asking workers to abandon their rightful claims against employers? Is he asking workers to work hard and be productive? - he sounds just like an employer's rep or the Prime Minister... Well, that is the impression one gets when one reads the Bernama report ... What really was the full statement that the MTUC President make to the media - When one goes to the MTUC website - we do not see the statement there, which would have been really good if it was. We could then have compared what was reported with what Khalid Atan really said in his statement to the press.
Now, based on just what was reported...I comment...

As the premier worker/trade union leader in Malaysia, he should certainly have come out supporting and reiterating the call of MEF that employers to not dismiss employees..
He should also ask the government to speed up all the outstanding wrongful dismissal cases in Malaysia - now it takes years and years. Wrongful dismissal must be expedited - dealt with speedily in not less than 3-6 months, and employers that wrongfully dismiss workers must be penalized severely. In fact, workers who have taken wrongful dismissal cases should continue to be paid their basic wage by the employer at the very least until the case is finally resolved by the courts (This is apparently what happens in Indonesia). This continuing to receive wages will certainly help workers during difficult times...
In Malaysia, it is TOO EASY for the employer to dismiss workers - so what we need are serious deterrents. That law that limits 'compensation in lieu of reinstatement' to not more than 24 months should be repealed - and if the courts determine that the employer has wrongfully dismissed a worker, then the worker must be reinstated without loss of benefits - and, if the employer is incapable of doing this for some very very good reason, the worker maybe should be paid compensation in lieu of reinstated, which should be no less than all wages/benefits/bonuses from the date of wrongful dismissal until the date of judgment - in fact it should be two times that sum if we really want to DETER employers from wrongfully dismissing workers.

The MTUC President should have said that if employers had stopped opposing the formation or recognition of Trade Unions, then Trade Unions of workers would have been able to play a significant role during such 'bad times'. 
Unions could have sat down and negotiated with employers during such difficult times... Maybe, he could call on all workers to join unions, or form new ones so that they can be better prepared to sit down and negotiate with employers during possible 'difficult' times - all things are possible if workers are unionized. Workers through their Unions may even agree to temporary pay cuts ...or even temporary delay of payment of part of their wages...etc. 
But alas, nowadays even after a successful secret ballot, employers are opposing the recognition of trade unions. In fact, employers like MAS and RENESAS should withdraw their judicial review applications - and recognize the said Unions. During difficult times, Trade Unions can certainly help a lot. 
Employers should stop opposing the formation of Unions - and should speedily recognize trade unions. Unions are needed during 'troubled times' - and will benefit employers as much as employees. Employers cannot sit down and negotiate with each and every worker - but if there was a Union, it would have been so much easier. Solutions favourable to workers and employers could always be worked out...
Well, Khalid Atan may have told the media all of the above....but alas the lack of a statement in the MTUC website or on his own Blog, etc - we cannot presume what he said or did not say... in front of us, all we have is the media report...

In fact, I do believe that Khalid said it all but alas the reporter or the editor may have chosen not to report it all... OR...may be not? 


MEF Asks Employers Not To Dismiss Workers On Expected Slowdown In Economic Growth 
26 January 2015

By Yuri Azhar Mazlan

KUALA LUMPUR, Jan 26 (Bernama) — The Malaysian Employers Federation (MEF) has asked employers not to dismiss their employees following the expected slowdown in economic growth this year.

Its executive director, Datuk Shamsuddin Bardan, said the employers, however, should reduce the companies’ costs.

“If necessary, reduce the working hours and days or limit overtime,” he told Bernama here today.

Prime Minister Datuk Seri Najib Tun Razak, in a recent interview by a local television station, said the country was not facing an economic crisis, only a slowdown in growth.

Najib, who is also Finance Minister, said he did not foresee any retrenchments, fewer jobs or income drops for workers.
Meanwhile, president of Malaysian Trades Union Congress, Mohd Khalid Atan, said Malaysians must not be choosy or change jobs following the slowdown in economic growth.

“Don’t take the risks to change jobs because most companies are expected to report poor results this year,” he said.

Mohd Khalid said the workers must work hard and be productivity this year and at the same time not to burden the employers with overtime and other claims.

He advised the employers to hire local workers compared to the foreigners.

“What’s happening now is that the employers preferred the foreign workers with the excuse that the salaries will be lower. By right this is not supposed to happen,” he said.

Source: Bernama

No comments: