malaysian industrial relations & employment law author: maimunah aminuddin
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Malaysian Industrial Relations & Employment Law
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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT
LAW Author: Maimunah Aminuddin
Chapter Five
Trade Unions
Malaysian Industrial Relations & Employment Law
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Preview Reasons for joining a trade union Purpose of trade unions Definition of “trade union” Membership of a trade union Registration of trade unions Control of trade unions Current status of trade unions The MTUC and the MEF
Malaysian Industrial Relations & Employment Law
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Reasons for joining a trade union
Employees join trade unions:
To improve their economic situation
To ensure their rights at work are
protected
For social reasons
Malaysian Industrial Relations & Employment Law
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Purpose of trade unions To promote the interests of their
members and working people in general
To promote employee-friendly legislation
To promote the economic, social and educational welfare of their members
To protect the rights of their members at the workplace
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Definition of trade unionThe legal definition of “Trade Union” in the
Trade
Unions Act has implications:
Membership of a union is limited to workers working in Peninsular Malaysia, or Sabah or Sarawak
Unions with membership from a variety of industries not permitted
Employers can form unions
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Membership of a trade union
Trade unions of workers
Membership open to:
Employees over age of 16
Employees working in the relevant trade, occupation or industry
Public sector workers can only join a union whose members work in the same Ministry or Department
Statutory body employees can only join an in-house union
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Membership of a trade union, cont.
Police, Armed Forces and Prison
service employees canNOT join any
trade union.
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Membership of a trade union, cont.
Managers, Executives, Confidential
Staff and Security Staff can only join
a union whose members are in the
same category.
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Registration of a trade union All trade unions must apply to be
registeredwithin one month of formation.
Registration is controlled by the DirectorGeneral of Trade Unions (DGTU), Ministry ofHR.
DGTU has extensive powers to register, reject an application and de-register an existing union.
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Control of trade unionsOther than registration, unions activities are
controlled through:
Limitations on use of union funds and need
to submit audited annual accounts to DGTU
Rules relating to who can be elected as a
union executive officer
Rules relating to who can serve as an
employee of a union
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Current status of trade unions in Malaysia Number of unions steadily
growing
Number of members increasing
Density reducing
Most unions have less than 500
members
Two types of union – national and
in-house
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Key players other than employee TUsEmployers’ Associations:
The Malaysian Trades Union Congress
The Malaysian Employers Federation
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Key players other than employee TUs, cont.
Employers’ AssociationsSome employers have formed and
joined atrade union, e.g.:
MAPA
MCBA
AIE
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Key players other than employee TUs, cont.
The Malaysian Trades Union Congress (MTUC)
The MTUC is NOT a trade union. It is registered under the Societies Act.
The MTUC’s members are trade union from a variety of industries.
The MTUC speaks on behalf of unions and workers on issues related to the welfare of workers.
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Key players other than employee TUs, cont.
The Malaysian Employers Federation (MEF)
The MEF is NOT a trade union.
The MEF speaks on behalf of employers.
The MEF carries out research.
The MEF advises its members on
employment related issues.
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Review Reasons for joining a trade union
Purpose of trade unions
Definition of “trade union”
Membership of a trade union
Registration of trade unions
Control of trade unions
Current status of trade unions
The MTUC and the MEF
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