Workers urge employer to get sick worker healthcare - employer calls police - worker dies - media call it 'Riot"?

worker's condition worsening - other workers urge employer to take sick worker for medical treatment - employer calls police? Why not ambulance? - worker dies - police comes and arrest workers??? Media (that is BERNAMA) calls it a 'Riot'? ...and of course, the media report does not even name the factory...which really should be named and investigated given that this is not the 1st case but rather the 3rd death... and this employer apparently failed to effectively deal with the workers' grievance  - maybe the employer should be charged under the Penal Code for causing death... Why could the workers themselves rush to hospital - maybe the employer was holding on to the original passport/visa and Malaysian hospitals will not treat unless the foreign worker comes with the relevant documents and pay the required fees? 

A case that really needs to be looked into - and media, please stop criminalizing all worker legitimate actions...

Nepalese workers arrested for attempting to instigate riot, say cops

January 12, 2014

ALOR SETAR, Jan 12 — A group of Nepalese factory workers in Pokok Sena near here tried to stage a riot last night after getting furious with their employer who allegedly ignored one of their colleagues who was having difficulty breathing.

In the 9pm incident, between 100 and 200 workers gathered in front of the employer’s house, demanding him to take immediate action to help the worker whose breathlessness condition was worsening at the workers’ hostel.

Fearing something untoward might happen, the employer refused to come out to meet the workers, but instead alerted the police.

The Nepalese workers were getting more furious after realising that their friend had died of shortness of breath and were blaming it on the employer.

However, a team of policemen who arrived at the scene about 20 minutes later, managed to disperse the workers.Kota Setar Public Order and Traffic chief DSP Mat Akhir Jaafar, when met at the scene, said three of the workers, believed to be their leaders, were arrested.

“Initial investigation found that the reason the workers acted that way was because there have been three cases of sudden deaths involving the factory workers at the hostel and that the employer did nothing to find out why,” he said.

He said police would investigate further into the case.

The body of the dead worker was taken to Sultanah Bahiyah Hospital for post mortem. — Bernama - Malay Mail. 12/1/2014,Nepalese workers arrested for attempting to instigate riot, say cops

This reminds us of 

Remembering the JCY's 5,000 Workers Protest 2010 - maybe the biggest workers' protest in Malaysia for many years

72% of RENESAS workers vote in favour of UNION - finally recognition after almost 4 year struggle

The Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung  Malaysia(KSIEWBSM) was victorious in the 'secret ballot' when about 72% of the qualified workers at RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd]voted in favour of the Union. The Union will now be recognized, and soon would be able to begin negotiations for a Collective Bargaining Agreement. The almost 4 year struggle for recognition is over, and we do hope that RENESAS would also do the right thing and reinstate immediately Wan Noorulazhar, the President of the Union.

 

 

It would have so much better if employers, like RENESAS, respected worker and trade union rights and immediately accorded recognition to the UNION since 2010 - but sadly, there was resistance to the UNION and thus the need for a 'secret ballot'.  See also:- At last, secret ballot being conducted at RENESAS - UNION or NO UNION?

 

Joint Statement- 4/4/2013

RENESAS MUST IMMEDIATELY ACCORD RECOGNITION TO THE UNION

AND REINSTATE WAN NOORULAZHAR

We, the 87 undersigned civil society organisations, trade unions and groups call on RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd] to respect the freedom of association and the right to effective recognition of the right to collective bargaining,  being one of the basic rights of workers and one also one of the core values of International Labour Organisation (ILO)'s.  RENESAS must stop obstructing or delaying, and immediately accord recognition to Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung  Malaysia(KSIEWBSM)[UNION] so that workers at RENESAS can at last begin to enjoy the benefits of collective bargaining agreement.  It has been more than 3 years since the UNION first applied in January 2010 for recognition by RENESAS. 

In Malaysia, after being registered, recognition by the employer is needed before the UNION can start negotiating and enter into any Collective Bargaining Agreement with the employer company. The UNION has to submit a claim for recognition, and within 21 days, the company can accord recognition or not. If not, then the Director General of Industrial Relations (DGIR) steps in and start the process of conducting   a secret ballot to ensure that more than  5o% plus one of the qualified workers is for the union – then the union is accorded recognition, and thereafter can effectively represent the workers.  

Even though  about 70% (1,300) of RENESAS’s workers eligible to be members of the  union were already members of EIEUWR when the first application was made by the UNION to the company for recognition, RENESAS did not accord recognition and after more than 3 years and RENESAS still refuses to recognize the UNION. 

On 18/1/2010, EIEUWR submitted the 1^st application for recognition to RENESAS. The company responded that there was a pro-tem in-house union, which was unregistered, also seeking recognition. The Director General of Industrial Relations (DGIR) rejected this reason. Then, RENESAS claimed  that they did not receive the claim for recognition, when the application had been hand delivered personally by Wan Noorulazhar, the Union President, and RENESAS acknowledged receipt. The DGIR later asked the Union to send again their claim for recognition. 

The 2^nd claim for recognition was submitted on 17/8/2010, this time by acknowledged receipt registered post, and again RENESAS claimed they did not receive it, and the UNION also did not receive back the duly signed acknowledged receipt card from the postal services.

The 3^rd claim for recognition was submitted to RENESAS on 8/10/2010, and this time using the National Courier Poslaju. After receipt of the UNION’s  letter, RENESAS  send it back to Poslaju asking that the letter be returned  to the UNION. Poslaju provided a letter confirming this. RENESAS could not deny receipt this time, and rightfully the DGIR should have done the needful which was to the conduct of a ‘secret ballot’. But, there was inaction on the part of the DGIR for many months despite repeated demands by the UNION, and finally on 12/8/2011, the UNION had a picket in front of the Ministry of Human Resources. The DGIR then informed the UNION that the said relevant documents had been misplaced, and the blame was put on the Deputy DGIR responsible, who allegedly has since then been removed from that position. The DGIR  then asked the Union to submit yet  another  claim for recognition.

The 4^th claim for recognition was made on 8/9/2011. RENESAS’s now challenged the validity of the registration of EIEUWR(the UNION) itself, and the qualification of the UNION’s General Secretary, one Bruno Gentil Pereira. When the Minister rejected this objection on 9/4/2012, RENESAS proceeded to filed a High Court case to challenge the Minister’s decision on 8/5/2012, whereby on 28/6/2012, the High Court dismissed the RENESAS’s  application. RENESAS then appealed to the Court of Appeal who also unanimously dismissed the case on 5/12/2012.

 

After the High Court dismissed RENESAS application on 28/6/2012, there was no court order stopping the DGIR from proceeding with the secret ballot but the DGIR did not do anything.

After much protestation by the Union, the DGIR finally started the process by writing to RENESAS to submit Form B, as required by law, on about 14/12/2012. RENESAS did not comply and a second letter  was sent by the DGIR  on 14/1/2013. RENESAS again did not comply, and now it is believed that  a third letter has been sent by the DGIR.

When, and if the day finally comes for the ‘secret ballot’, the workers entitled to vote would be the workers as of the date the claim was submitted, being 8/9/2011 but with the existence of short-term contracts, many of the pro-union workers may  no more be employees of RENESAS, and this will prejudice the UNION, who still will have to show that it has the support of at least  50% plus one of the number of qualified employees as per the list of qualified employees on 8/9/2011. The tactic of delaying the secret ballot works in favour of the employer, and prejudices the UNION.

Wan Noorulazhar

Wan Noorulazhar bin Mohd Hanafiah, an employee of RENESAS who is the President of the UNION was dismissed on 26/8/2011 by RENESAS whereby the alleged misconduct, was that his actions were ‘contrary to explicit company policies’. He allegedly made statements about treatment of workers in a closed Facebook Group, whose members were fellow workers. The alleged misconduct It had nothing to do with his work performance. The wrongful dismissal case is now before the Industrial court.

The current trend at the Industrial Courts when it makes a finding the worker has been wrongfully dismissed by the employer is not to order reinstatement, but to rather order compensation.  If not reinstated, workers of RENESAS would be deprived of a leader. RENESAS can at any time reinstate  Wan Noorulazhar bin Mohd Hanafiah  without  loss of benefits.  

On 14/3/2013, EIUWR and the workers of RENESAS again had a protest picket at Putrajaya.

We call on RENESAS Semiconductor KL  Sdn  Bhd to immediately accord recognition to Electronic Industry Employees Union Western Region (EIEUWR), and  immediately reinstate Wan Noorulazhar bin Mohd Hanafiah and all other worker leaders terminated.

Senator Syed Shahir bin Syed Mohamud

Charles Hector

Mohd Roszeli bin Majid

Pranom Somwong

Badrulzaman bin Mohd Ghazali

For and on behalf the 87 organisations listed below

ALIRAN

Andhra Pradesh State Domestic Workers' Union, India

Asia Monitor Resource Centre(AMRC)

Asia  Pacific  Forum on Women , Law and Development ( APWLD)

Asia Floor Wage Alliance- SEA Office

Building and Wood Workers International Asia Pacific Regional Office (BWI APRO)

Center for Migrant Advocacy ,Philippines

Centre for Human Rights and Development (CHRD) Sri Lanka

Center for Orang  Asli Concerns (COAC)

CIMS- Centre for Indian Migrant Studies

Clean Clothes Campaign

Committee for Asian Women, Bangkok

Community Action Network (CAN), Malaysia

Confederation of Free Trade Unions of India

Dignity International

GoodElectronics

GoodElectronics Thailand (GET)

Hope Workers' Center, Taiwan

Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan

Human Rights Ambassador for Salem-News.com

IDWN( International  Domestic Workers’  Network)

IMA Research Foundation, Bangladesh

International Campaign for Responsible Technology, US

International League of Peoples' Struggle – Canada

Legal Support for Children and Women (LSCW), Cambodia

LIPS (Lembaga Informasi Perburuhan Sedane/Sedane Labour Resource Centre) Indonesia

MADPET (Malaysians Against Death Penalty and Torture)

Malaysian Physicians for Social Responsibility

MAP Foundation, Thailand

Maquiladora Health & Safety Support Network, Berkeley, CA  USA

Migrant Care

Migrant Forum in Asia (MFA)

Migrant Forum India (MF India)

Migrant Forum Lanka (MFL)

Migrants Rights Council India

Myanmar Ethnic Rohingya Human Rights Organization Malaysia (MERHROM)

NAMM (Network of Action for Migrants in Malaysia)

NDWM -  National Domestic Workers' Movement, India

NLD-LA (National League for Democracy-Liberated Areas), Malaysia

Pakistan Rural Workers Social Welfare Organization (PRWSWO)

Parti Rakyat Malaysia(PRM)

People & Planet, UK

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

PINAY Quebec

Progressive Labor Union of Domestic Workers- Hong Kong

PSWS (Persatuan Sahabat Wanita Selangor)

Pusat KOMAS (KOMAS)

Refugee and Migratory Movements Research Unit (RMMRU), Bangladesh

SALT (School of Acting Justly Loving Tenderly and Walking Humbly)

SBMI (Serikat Buruh Migran Indonesia)

Solidarity of Cavite Workers (SCW), Philippines

State Enterprises Workers' Relations Confederation (SERC), Thailand

State Railway Workers' Union of Thailand (SRU), Thailand

SUARAM (Suara Rakyat Malaysia)

Tenaganita, Malaysia

The Alliance of Progressive Labor - Hong Kong

Tourism Employees Association of Maldives

Women's Rehabilitation Center (WOREC) Nepal

Workers Assistance Center, Inc, Philippines

Workers Hub For Change (WH4C)

Women Workers Lead

Writer Alliance for Media Independence (WAMI)

Youth For Peace/Peace Institute of Cambodia (YFP/PIC)

Malaysian Unions

Kesatuan Sekerja Industri Elektronik Wilayah Timur Semenanjung Malaysia (KSIEWTSM)

Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia

Kesatuan Sekerja Pekerja Industri Elektronik Wilayah Utara

Kesatuan Pekerja-Pekerja MHS Aviation Berhad

Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific

Paper & Paper Products Manufacturing Employees' Union Of Malaysia (PPPMEU)

TNBJOU (TNB Junior Officers Union), Malaysia

Malayan Technical Services Union (MTSU)

NUBE (National Union of Banking Employees), Malaysia

Association of Maybank Executive

Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu(NUTEAIW)

Kesatuan Pekerja-Pekerja Dalam Perkhidmatan Perubatan Dan Kesihatan Swasta-[Union Of Employees In Private Medical And Health Services]

Kesatuan Eksekutif Canon Opto (Malaysia) Sdn Bhd

Kesatuan Pekerja-Pekerja Perusahaan Otomobil Nasional Sdn.Bhd.

Electrical Industry Workers' Union (EIWU)

Kesatuan Pekerja Pekerja Fujikura Federal Cables Sdn Bhd

Kesatuan Pekerja Pekerja Kelab Semenanjung Malaysia

Kesatuan Eksekutif Airod (KEA)

UNI Global Union-Malaysia

MTUC Pahang

MTUC Penang Division

MTUC Bahagian Melaka

Kongres Kesatuan Sekerja Cawangan Pulau Pinang

MTUC Selangor & Wilayah Persekutuan

- 

Is the Selangor MB in control of JAIS? More evasions by Khalid and PR when what we need is real leadership..

It is really pathetic when we see that Khalid Ibrahim, the Selangor Menteri Besar (Chief Minister) is asking (nay...ordering) the Selangor Islamic Department(JAIS) to now consult Prime Minister Najib's Home Minister to see if what JAIS did was inconsistent with the BN Federal government's 'ten-point solution' (which really is a policy rather than a law). 

This really is nothing but an evasion of the duties and responsibilities of leadership - Khalid Ibrahim is the Menteri Besar of Selangor, and Selangor is governed by 'Pakatan Rakyat' and as such the 'problem' and the solution is yours - not Najib, not BN, not the Federal Government, not the National Fatwa Council...Anwar, Mahfuz, PR and Selangor govt evasion of responsibility ... on 'Allah' issue in Selangor is pathetic?

Further, Khalid Ibrahim should really be soliciting legal opinions rather than consulting the Home Minister or officials in that Ministry of the BN ruled government -  The biggest problem confronting Khalid Ibrahim personally is that 'Last January, Khalid had publicly stated that his administration supports the Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988 and the Sultan's decree that the term "Allah" cannot be used in the state by non-Muslims.' , and this was contrary to Pakatan Rakyat's position taken in 2008, and reaffirmed before GE13 - i.e. that Muslims cannot claim exclusive right to the usage of the term 'Allah', and that Christians, Sikhs and others can use the term (This is PR position on the subject according to my opinion). Now, clearly the majority of Malaysians is OK with this position, this includes Muslims. PR, with this position has the support of the majority in Malaysia in terms of votes in GE13.

 

MB orders Jais to consult Home Ministry

 

The Selangor Islamic Department (Jais) will be ordered to return copies of the Bible that they seized on Jan 1, if the publication fulfils Putrajaya's 10-point solution on Christian texts.

 

This was announced by Selangor Menteri Besar Abdul Khalid Ibrahim after a marathon eight hour meeting with his state exco members.

 

He said that for now, Jais will have to consult the Home Ministry on whether the Bibles seized from the Bible Society of Malaysia (BSM) fulfils the stipulations within the 10-point solution.

 

Khalid explained that this was necessary as the Home Ministry is the regulator for the import, use and printing of Bibles in the Malay language.

"If the Home Ministry is satisfied that the (seized) copies fulfil the 10-point solution, then the state government will order Jais to return them to the BSM," he said during a press conference today.

Khalid added that Selangor will continue to ensure that the Sultan's decree and laws are upheld, while ensuring that everyone in Selangor lives in harmony.

 

"The state government respects religious freedom that is enshrined in the Federal Constitution and will step up efforts to ensure mutual respect among citizens, while ensuring that Islam is the official religion (of the federation) and recognise the Sultan of Selangor as the head of Islam in the state," he said.

 

Last January, Khalid had publicly stated that his administration supports the Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988 and the Sultan's decree that the term "Allah" cannot be used in the state by non-Muslims.- Malaysiakini, 8/1/2014, MB orders Jais to consult Home Ministry

 

Prime Minister Najib and the Federal government already do have a policy - this 'ten point solution', so really to be fair, they need not respond at all... The Herald case really is confined as to whether Herald can use the word 'Allah' in its weekly newspaper, now distributed to Catholics/Christians in Malaysia? Other comments of the Court of Appeal judges, to my mind is irrelevant.

Mahathir, when Prime Minister, carried out Constitutional amendments that placed 'real power' in the democratically elected government, maybe it is also time for Selangor(and the other States) to do the same... 

The Menteri Besar and the democratically elected government must have control of all State Departments including JAIS, and they alone will be responsible for actions/omissions of JAIS.. 

Now, the other problem in Selangor is that there are still bad State laws, which are inconsistent with the Pakatan Rakyat position - the question is that why was it not amended? 

I say that the section/provision in the law that provides a list of words that can only be used by Muslims should be repealed - in line with the PR position. 

Then, the powers of JAIS must be confined - the Islamic Department should never have powers to enter places of worship or premises of other religious groups, and certainly no power to arrest or cease materials....from premises of non-Muslims

The Federal Constitution now just says no proselytization of Muslims, and enforcement should be done by the police or by some 'multi-religious enforcement body' - not a just Muslim department. 

What else should be done? We should seriously think about this.

In the meantime, Khalid Ibrahim (the Menteri Besar of Selangor), and Pakatan Rakyat need to show real leadership NOW....and not delay this any further...

 

 

 

Anwar, Mahfuz, PR and Selangor govt evasion of responsibility ... on 'Allah' issue in Selangor is pathetic?

The Selangor PR government first talked about SOP(standard operation procedures) not being followed - now is asking the BN Federal Government to decide.

Mahfuz (and PAS) is saying that the National Fatwa Council to decide...

Anwar says ...that Najib should take a position

So, Anwar, Mahfuz and the Pakatan Rakyat is just avoiding their responsibility when they should take or rather reiterate their position on this 'Allah' issue

Pakatan Rakyat is in power in Selangor and it is up to Khalid Ibrahim and PR to do the needful - which may also lead to necessary State Constitution and laws being amended/repealed or even enacted.

The problem arising from the 'Allah' issue that resulted in the seizing of Bibles, arrest of 2 leaders from the Christian community, the threat of protest against Churches using the term 'Allah' are all happening in Selangor. The actions are by the Selangor Islamic Religious Department(JAIS) - and as such we want the Selangor  Government to take a stance - and Selangor is under the Pakatan Rakyat(PR), is not JAIS under the Selangor Government, whereby Pakatan Rakyat has more than two third majority.

Anwar Ibrahim and Pakatan Rakyat tries to shift the blame on Najib, the Prime Minister of Malaysia and the Barisan Nasional but this is not right.

It is Khalid Ibrahim(Selangor Menteri Besar), the Pakatan Rakyat government of Selangor and the Pakatan Rakyat that needs to take a stand on the 'Allah' issue.

But alas Anwar and the Pakatan is not taking a clear stand, and this is odd because they did have a clear stand since 2008, which was again reiterated before GE13. 

Mahfuz, representing PAS, also is avoiding taking a stand - trying to force it upon a 3rd party - see 

The question is that whether the Selangor Constitution needs to be amended to be in line with the Federal Constitution with regards the power of the King/Sultan who can only act on the advice of the Menteri Besar.

The question is whether the State Enactments should be amended to be in line with the Pakatan Rakyat publicly declared position - this would only require a simple majority.

Do not shift the blame on Najib, the Barisan Nasional or even the 'National Fatwa Council' - it is Pakatan Rakyat, Khalid Ibrahim and the Selangor government that needs to ACT - and act decisively here. 

Malaysia

Anwar calls Jais action ‘high handed’, wants Najib to make a stand on Allah issue

By EILEEN NG
January 05, 2014

Opposition leader Datuk Seri Anwar Ibrahim (pic) waded into the Allah debate by calling on Prime Minister Datuk Seri Najib Razak to make a stand on the controversy while declaring that he did not approve of the “high handed” ways of the Selangor Islamic Religious Department (Jais), which had seized Malay and Iban language bibles containing the word Allah.

“If Jais felt that there are any actions that have contravened the law, then they should call up the relevant parties for an explanation.

“But you can’t take such drastic action because it will be perceived as anti-Christian. There is no need for such action. It only causes tension,” he said after giving a talk at the Centre for Reform, Democracy and Social Initiatives today breaking his silence on the issue.

 Jais raided the Bible Society of Malaysia (BSM) office in Petaling Jaya, where it seized over 300 copies of the AlKitab and Bup Kudus. Two top BSM officials were also detained in the raid.

But lawyers have since questioned the authority of Islamic authorities to raid the BSM premises or seize the bibles, pointing out that Jais and other such departments have no jurisdiction over non-Muslims.

They also cast doubt on the validity and constitutionality of enactment that they say impinged on the right to religious freedom.

Anwar believed the entire controversy was an attempt to deflate attention from the country’s economic problems such as the rising cost of living due to price hikes and subsidy cuts.

“I don’t dismiss the fact there are attempts to deflect attention from the economic problem the country is facing and other problems like the quality of education, economic injustice and moral degradation.

Anwar said Najib should take a position on this issue.

“The government should deal with it and not by attacking the rest,” he said.

Anwar also ticked off the three DAP assemblyman - Yeo Bee Yin (Damansara), Rajiv Rishyakaran (Bukit Gasing) and Lau Weng San (Kampung Tunku) for proposing to amend the Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988.

Passed by the then Barisan Nasional state government, the enactment prohibits non-Muslims in Selangor from using 35 Arabic words and phrases in their faith, including “Allah”, “Nabi” (prophet), “Injil” (gospel) and “Insya’Allah” (God willing).

Anwar said there is no need for such hasty action as there are proper channels within the state government and Pakatan Rakyat for them to put forth their views.

Jais’s raid comes amidst heightened tensions over the use of the word Allah, the Arabic word for God, by non-Muslims, which Muslim groups insist is exclusive to Islam.

The raid is widely seen as being triggered by Catholic weekly Herald editor Rev Father Lawrence Andrew’s remarks that churches in Selangor will continue to use Allah in their Bahasa Malaysia services following a warning from Jais to stop.

Although global Islamic scholars have clarified that the term can be used by anyone, state Islamic authorities in Malaysia have reacted negatively to reports of churches using the word Allah in services and literature catering to the Bahasa Malaysia-speaking Christian community.

The tussle over the word Allah arose in 2008 when Herald was barred by the Home Ministry from using the Arabic word. The Catholic church had contested this in court and won a High Court decision in December 2009 upholding its constitutional right to do so.

Putrajaya later appealed the decision and successfully overturned the earlier decision when the Court of Appeal ruled last October that "Allah was not integral to the Christian faith".

Christians make up about 9% of the Malaysian population, or 2.6 million. Almost two-thirds of them are Bumiputera and are largely based in Sabah and Sarawak, where they routinely use Bahasa Malaysia and indigenous languages in their religious practices, including describing God as Allah in their prayers and holy book.

Besides the Bumiputera Christians from East Malaysia, some of whom have moved to the peninsula to live and work, Orang Asli Christians in the peninsula also typically use Bahasa Malaysia in their worship. – January 5, 2014. , Malaysian Insider, Anwar calls Jais action ‘high handed’, wants Najib to make a stand on Allah issue

 

Published: Tuesday January 7, 2014 MYT 12:00:00 AM
Updated: Tuesday January 7, 2014 MYT 7:19:47 AM

We want Fatwa Council to decide on Allah issue, says PAS

KUALA LUMPUR: PAS has urged the National Fatwa Council to end the conflict over whether or not non-Muslims could use the word “Allah” to refer to God.

Party information chief Datuk Mahfuz Omar said both Muslims and non-Muslims had been left confused over conflicting state and federal stands on the matter.

“We want the Fatwa Council to decide which is correct,” said Mahfuz at the PAS headquarters.

He said while the Selangor Non-Islamic Religions (Control of Propagation Among Muslims) Enactment 1988 prohibited non-Muslims from using the term the Cabinet had allowed Christians from Sabah and Sarawak to use the term.

(The Federal Government had issued the 10-point solution to allowed Christians in East Malaysia to use “Allah” in the Al-Kitab prior to the 2011 Sarawak Elections.)

Mahfuz said he both the Selangor and Federal governments must have consulted religious authorities before arriving at their decisions.

He said the Fatwa Council should decide once and for all.

“This must be resolved or Islam will be seen as practising double standards. It creates the perception that Islam is unfair to non-Muslims,” he said.

Mahfuz described the Jais raid and the subsequent calls from three DAP state legislators to amend the 1998 Selangor Non-Islamic Religions Enactment as “hasty”.

Yeo Bee Yin (Damansara Utama), Rajiv Rishyakaran (Bukit Gasing) and Lau Weng San (Kampung Tunku) had proposed the amendments to ensure that Muslims’ and non-Muslims’ rights were protected.

PAS central working committee member Dr Dzulkefly Ahmad said the DAP was entitled to voice its views but Pakatan Rakyat’s stand should be reached by consensus.

He called for a parliamentary bipartisan committee to also be set up to resolve the crisis.-Star, 7/1/2014, We want Fatwa Council to decide on Allah issue, says PAS 

1:10PM Jan 7, 2014

Make up your mind on Allah issue, Putrajaya told

The Selangor government wants Putrajaya to make up its mind on whether non-Muslims can use the word "Allah" or not as there are now conflicting policies.
Selangor exco in charge of Islamic affairs Sallehen Mukhyi said the state government will write to the Home Ministry for an explanation.

He referred to the 10-point solution approved by the Cabinet in 2011 allowing Christians in East Malaysia to use bibles with the word "Allah" without restrictions while such bibles in the peninsula must have a "For Christians Only" stamp.
          
However, he said this is in conflict with the Selangor Sultan's decree which bans non-Muslims from using the word "Allah".

"I will write to the (home) minister for an explanation on why imported Malay-language bibles are allowed.

"He (the minister) has to explain to the state so that the issue is not politicised," he told a press conference in Shah Alam this morning.

Sallehen was commenting on the recent raid by the Selangor Islamic Affairs Department (Jais) on the Bible Society of Malaysia where more than 300 Malay and Iban language bibles with the word “Allah” were seized. - Malaysiakini, 7/1/2014, Make up your mind on Allah issue, Putrajaya told

At last, secret ballot being conducted at RENESAS - UNION or NO UNION?

Finally, the workers of RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd] have got their 'secret ballot' which will Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung  Malaysia(KSIEWBSM) determine whether their Union will be accorded recognition - something that is needed before the Union can enter into negotiations and sign a Collective Bargaining Agreement with their employer, RENESAS.

If there are 100 qualified workers, then 51 or more workers must come out and vote in favour of the Union. Workers who cannot make it to cast their ballot will be deemed to be not in favour of the Union. Employers have been known to use many kinds of strategies that prevents workers having the time to come out and vote. 

There would have been no need for a 'secret ballot' if only RENESAS had recognized the Union, whose membership was 70% of those then qualified to vote. But RENESAS delayed recognition of the UNION using technicalities and legal challenges, that went all the way to the Federal Court. The Union President, a worker at RENESAS, was also wrongfully terminated 26/8/2011 (his case in now pending at the Industrial Court).

In RENESAS, the secret ballot is said to be happening today, and will continue for the next 2 days

 

Joint Statement- 4/4/2013

RENESAS MUST IMMEDIATELY ACCORD RECOGNITION TO THE UNION

AND REINSTATE WAN NOORULAZHAR

We, the 87 undersigned civil society organisations, trade unions and groups call on RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd] to respect the freedom of association and the right to effective recognition of the right to collective bargaining,  being one of the basic rights of workers and one also one of the core values of International Labour Organisation (ILO)'s.  RENESAS must stop obstructing or delaying, and immediately accord recognition to Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung  Malaysia(KSIEWBSM)[UNION] so that workers at RENESAS can at last begin to enjoy the benefits of collective bargaining agreement.  It has been more than 3 years since the UNION first applied in January 2010 for recognition by RENESAS. 

In Malaysia, after being registered, recognition by the employer is needed before the UNION can start negotiating and enter into any Collective Bargaining Agreement with the employer company. The UNION has to submit a claim for recognition, and within 21 days, the company can accord recognition or not. If not, then the Director General of Industrial Relations (DGIR) steps in and start the process of conducting   a secret ballot to ensure that more than  5o% plus one of the qualified workers is for the union – then the union is accorded recognition, and thereafter can effectively represent the workers.  

Even though  about 70% (1,300) of RENESAS’s workers eligible to be members of the  union were already members of EIEUWR when the first application was made by the UNION to the company for recognition, RENESAS did not accord recognition and after more than 3 years and RENESAS still refuses to recognize the UNION. 

On 18/1/2010, EIEUWR submitted the 1^st application for recognition to RENESAS. The company responded that there was a pro-tem in-house union, which was unregistered, also seeking recognition. The Director General of Industrial Relations (DGIR) rejected this reason. Then, RENESAS claimed  that they did not receive the claim for recognition, when the application had been hand delivered personally by Wan Noorulazhar, the Union President, and RENESAS acknowledged receipt. The DGIR later asked the Union to send again their claim for recognition. 

The 2^nd claim for recognition was submitted on 17/8/2010, this time by acknowledged receipt registered post, and again RENESAS claimed they did not receive it, and the UNION also did not receive back the duly signed acknowledged receipt card from the postal services.

The 3^rd claim for recognition was submitted to RENESAS on 8/10/2010, and this time using the National Courier Poslaju. After receipt of the UNION’s  letter, RENESAS  send it back to Poslaju asking that the letter be returned  to the UNION. Poslaju provided a letter confirming this. RENESAS could not deny receipt this time, and rightfully the DGIR should have done the needful which was to the conduct of a ‘secret ballot’. But, there was inaction on the part of the DGIR for many months despite repeated demands by the UNION, and finally on 12/8/2011, the UNION had a picket in front of the Ministry of Human Resources. The DGIR then informed the UNION that the said relevant documents had been misplaced, and the blame was put on the Deputy DGIR responsible, who allegedly has since then been removed from that position. The DGIR  then asked the Union to submit yet  another  claim for recognition.

The 4^th claim for recognition was made on 8/9/2011. RENESAS’s now challenged the validity of the registration of EIEUWR(the UNION) itself, and the qualification of the UNION’s General Secretary, one Bruno Gentil Pereira. When the Minister rejected this objection on 9/4/2012, RENESAS proceeded to filed a High Court case to challenge the Minister’s decision on 8/5/2012, whereby on 28/6/2012, the High Court dismissed the RENESAS’s  application. RENESAS then appealed to the Court of Appeal who also unanimously dismissed the case on 5/12/2012.

 

After the High Court dismissed RENESAS application on 28/6/2012, there was no court order stopping the DGIR from proceeding with the secret ballot but the DGIR did not do anything.

After much protestation by the Union, the DGIR finally started the process by writing to RENESAS to submit Form B, as required by law, on about 14/12/2012. RENESAS did not comply and a second letter  was sent by the DGIR  on 14/1/2013. RENESAS again did not comply, and now it is believed that  a third letter has been sent by the DGIR.

When, and if the day finally comes for the ‘secret ballot’, the workers entitled to vote would be the workers as of the date the claim was submitted, being 8/9/2011 but with the existence of short-term contracts, many of the pro-union workers may  no more be employees of RENESAS, and this will prejudice the UNION, who still will have to show that it has the support of at least  50% plus one of the number of qualified employees as per the list of qualified employees on 8/9/2011. The tactic of delaying the secret ballot works in favour of the employer, and prejudices the UNION.

Wan Noorulazhar

Wan Noorulazhar bin Mohd Hanafiah, an employee of RENESAS who is the President of the UNION was dismissed on 26/8/2011 by RENESAS whereby the alleged misconduct, was that his actions were ‘contrary to explicit company policies’. He allegedly made statements about treatment of workers in a closed Facebook Group, whose members were fellow workers. The alleged misconduct It had nothing to do with his work performance. The wrongful dismissal case is now before the Industrial court.

The current trend at the Industrial Courts when it makes a finding the worker has been wrongfully dismissed by the employer is not to order reinstatement, but to rather order compensation.  If not reinstated, workers of RENESAS would be deprived of a leader. RENESAS can at any time reinstate  Wan Noorulazhar bin Mohd Hanafiah  without  loss of benefits.  

On 14/3/2013, EIUWR and the workers of RENESAS again had a protest picket at Putrajaya.

We call on RENESAS Semiconductor KL  Sdn  Bhd to immediately accord recognition to Electronic Industry Employees Union Western Region (EIEUWR), and  immediately reinstate Wan Noorulazhar bin Mohd Hanafiah and all other worker leaders terminated.

Senator Syed Shahir bin Syed Mohamud

Charles Hector

Mohd Roszeli bin Majid

Pranom Somwong

Badrulzaman bin Mohd Ghazali

For and on behalf the 87 organisations listed below

ALIRAN

Andhra Pradesh State Domestic Workers' Union, India

Asia Monitor Resource Centre(AMRC)

Asia  Pacific  Forum on Women , Law and Development ( APWLD)

Asia Floor Wage Alliance- SEA Office

Building and Wood Workers International Asia Pacific Regional Office (BWI APRO)

Center for Migrant Advocacy ,Philippines

Centre for Human Rights and Development (CHRD) Sri Lanka

Center for Orang  Asli Concerns (COAC)

CIMS- Centre for Indian Migrant Studies

Clean Clothes Campaign

Committee for Asian Women, Bangkok

Community Action Network (CAN), Malaysia

Confederation of Free Trade Unions of India

Dignity International

GoodElectronics

GoodElectronics Thailand (GET)

Hope Workers' Center, Taiwan

Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan

Human Rights Ambassador for Salem-News.com

IDWN( International  Domestic Workers’  Network)

IMA Research Foundation, Bangladesh

International Campaign for Responsible Technology, US

International League of Peoples' Struggle – Canada

Legal Support for Children and Women (LSCW), Cambodia

LIPS (Lembaga Informasi Perburuhan Sedane/Sedane Labour Resource Centre) Indonesia

MADPET (Malaysians Against Death Penalty and Torture)

Malaysian Physicians for Social Responsibility

MAP Foundation, Thailand

Maquiladora Health & Safety Support Network, Berkeley, CA  USA

Migrant Care

Migrant Forum in Asia (MFA)

Migrant Forum India (MF India)

Migrant Forum Lanka (MFL)

Migrants Rights Council India

Myanmar Ethnic Rohingya Human Rights Organization Malaysia (MERHROM)

NAMM (Network of Action for Migrants in Malaysia)

NDWM -  National Domestic Workers' Movement, India

NLD-LA (National League for Democracy-Liberated Areas), Malaysia

Pakistan Rural Workers Social Welfare Organization (PRWSWO)

Parti Rakyat Malaysia(PRM)

People & Planet, UK

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

PINAY Quebec

Progressive Labor Union of Domestic Workers- Hong Kong

PSWS (Persatuan Sahabat Wanita Selangor)

Pusat KOMAS (KOMAS)

Refugee and Migratory Movements Research Unit (RMMRU), Bangladesh

SALT (School of Acting Justly Loving Tenderly and Walking Humbly)

SBMI (Serikat Buruh Migran Indonesia)

Solidarity of Cavite Workers (SCW), Philippines

State Enterprises Workers' Relations Confederation (SERC), Thailand

State Railway Workers' Union of Thailand (SRU), Thailand

SUARAM (Suara Rakyat Malaysia)

Tenaganita, Malaysia

The Alliance of Progressive Labor - Hong Kong

Tourism Employees Association of Maldives

Women's Rehabilitation Center (WOREC) Nepal

Workers Assistance Center, Inc, Philippines

Workers Hub For Change (WH4C)

Women Workers Lead

Writer Alliance for Media Independence (WAMI)

Youth For Peace/Peace Institute of Cambodia (YFP/PIC)

Malaysian Unions

Kesatuan Sekerja Industri Elektronik Wilayah Timur Semenanjung Malaysia (KSIEWTSM)

Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia

Kesatuan Sekerja Pekerja Industri Elektronik Wilayah Utara

Kesatuan Pekerja-Pekerja MHS Aviation Berhad

Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific

Paper & Paper Products Manufacturing Employees' Union Of Malaysia (PPPMEU)

TNBJOU (TNB Junior Officers Union), Malaysia

Malayan Technical Services Union (MTSU)

NUBE (National Union of Banking Employees), Malaysia

Association of Maybank Executive

Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu(NUTEAIW)

Kesatuan Pekerja-Pekerja Dalam Perkhidmatan Perubatan Dan Kesihatan Swasta-[Union Of Employees In Private Medical And Health Services]

Kesatuan Eksekutif Canon Opto (Malaysia) Sdn Bhd

Kesatuan Pekerja-Pekerja Perusahaan Otomobil Nasional Sdn.Bhd.

Electrical Industry Workers' Union (EIWU)

Kesatuan Pekerja Pekerja Fujikura Federal Cables Sdn Bhd

Kesatuan Pekerja Pekerja Kelab Semenanjung Malaysia

Kesatuan Eksekutif Airod (KEA)

UNI Global Union-Malaysia

MTUC Pahang

MTUC Penang Division

MTUC Bahagian Melaka

Kongres Kesatuan Sekerja Cawangan Pulau Pinang

MTUC Selangor & Wilayah Persekutuan

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