THE Labour Law Reform Coalition (LLRC) acknowledges the salient improvements to the Industrial Relations Act 1967 brought by the Amendment Bill to Act 177 passed in the Dewan Rakyat earlier this month, which will help boost union density in the country while seemingly endeavouring to bring the country’s labour legislation in conformity with international labour standards. Kudos to the hardworking team in the Human Resources Ministry and its minister, M. Kulasegaran.

Although the amendments may reflect efforts by the Pakatan Harapan government to keep its promise to enhance and improve workers’ protection in the country, the government must not rest on its laurels as these amendments are only the first steps in the right direction toward ensuring that the protection of all workers anywhere in the country are at a par with international standards. 

Several administrative changes to this legislation, as promised by Kulasegaran, were implemented and did not go unnoticed by the LLRC, especially the amendments to the procedure that will speed up the referrals of wrongful dismissal cases and collective agreement disputes to the Industrial Court. It is in the best interest of all parties involved that the minister takes steps to ensure that the Industrial Courts play their part. 

Here we remind Kulasegaran of the disappointment he expressed during a meeting with the LLRC over the union membership count in the country that has not risen above the one million par and highlight the importance for the need to ensure that appropriate amendments are made to the Trade Union Act 1959 to remove current clauses that allow the director-general of trade unions to make capricious decisions that have remained the main obstacle to the growth of trade unions in the country. 

One common tool of intimidation constantly used by employers is “termination of employment”, and the clause in the Second Schedule of this legislation that caps the award of backwages for an employee who successfully wins a wrongful dismissal case to a maximum of 24 months, does not deter employers from giving workers the sack at their whim as the sum is very easily affordable to employers. It is the employee who will suffer without wages as such cases can drag on for more than two years. We propose the new amendment that enables the Industrial Court to make an award by not confining to the restrictions in the Second Schedule in the event the dismissal is due to union-busting, to be extended to any form of wrongful dismissal, thus deleting the said clause in the legislation. 

Another worrying amendment in the legislation is the ministry’s move to increase penalties for those involved in illegal strikes despite the fact that there have not been any strikes in the country over the past three decades. 

‘Selling out’

The Malaysian Trades Union Congress’ (MTUC) top leaders are a sell-out to workers as they have failed in their primary role to act in the best interest of workers in the country. 

It has failed repeatedly to involve the general council, the body empowered by the MTUC constitution, to decide on important matters that involve the fate of workers in the country. Its blatant disregard for workers’ welfare is evident, even at this crucial time when labour law reforms are taking shape, and MTUC leaders have not deemed it necessary to convene a meeting of the MTUC general council. Its move to approach opposition political party leaders to reject the amendments to the Industrial Relations Act at the Upper House was not authorised by the general council and, therefore, its actions are clearly unconstitutional and is viewed as a threat to workers’ welfare in the country. 

MTUC’s top leaders are guilty of treating the National Labour Advisory Council (NLAC) as some kind of sideshow, with unauthorised persons allowed to represent the MTUC while those appointed in accordance to its constitution were sidelined to mute voices that spoke up for changes that would improve union density in the country. Its current two top leaders placed importance on overseas trips that had nothing to do with labour law reforms taking place in Malaysia and, by being conspicuously absent at most NLAC meetings, allowed for the workers’ voice to be muted where and when it mattered the most. By rejecting the importance of deliberations at the NLAC, they have used their role in leadership to shortchange workers of their rights. 

Consensus between MTUC, MEF 

If at every instance, the government should follow the lame demands of MTUC secretary-general J. Solomon’s argument that “without arriving at a consensus between MTUC and the MEF (Malaysia Employers Federation), the government should not have gone ahead with the amendments”, then we would not have a national minimum wage, a minimum retirement age, an employment insurance system and many other benefits. These are examples of how, in practice, the government is able to arrive at middle ground on issues relating to labour, and a leader who has failed to recognised this is not a fit leader of the workforce of the country. 

We wish to remind top leaders in the MTUC and all those listening to these few men that all proposals put forward to the ministry on labour law reforms, their criticisms and their decision to campaign for the support of opposition political parties to reject the amendments to the Industrial Relations Act at the senate, is unauthorised and unconstitutional. 

The MTUC general council has not convened a single meeting in more than 20 months, whereas the MTUC constitution mandatorily requires the general council to meet at least once every two months. This violation of MTUC rules has been reported to the Registrar of Societies four months ago by a number of affiliates. – October 25, 2019.

* Statement issued by the Labour Law Reform Coalition and endorsed by 64 trade unions.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.