AMENDMENTS to the Industrial Relations Act 1967 will divide the labour movement, the Malaysian Trade Union Congress (MTUC) said.

MTUC secretary-general J. Solomon said Human Resources Minister M. Kula Segaran had backtracked on a promise when he tabled amendments to the act in the Dewan Rakyat last month, which among others, allows multiple unions in one workplace.

Solomon said this would destroy the solidarity of the labour movement and deny workers effective union representation in negotiating collective agreements (CA) with employers.

“The minister took this measure despite telling the MTUC president and myself numerous times that having more than one union in the same workplace in Malaysia will destroy unions and he will not do it.

“However, he made a complete U-turn and tabled the amendments which, if passed, will enable multiple unions being created at workplaces, leading to chaos, in-fighting among unions and deprive workers of effective bargaining power ,” Solomon said in a statement today. 

“The amendments, if passed, will see unions busy fighting with one another, pinching members from one another, and bad mouthing one another,” he added.

Because the amendments allow multiple unions, the director-general of industrial relations (DGIR) will also be empowered to hold secret ballots to award sole bargaining rights to the union deemed to have the majority support from workers.  

Solomon said the secret ballot for rival unions to compete for sole bargaining rights will lead to instability and split the union movement instead of strengthening it.

Ultimately, it will affect the bargaining power of workers and unions and may also affect the process of drafting CAs.

Questioning Kula Segaran’s intention behind allowing these amendments, Solomon said the amendments would encourage bias, as employers and the ministry would “actively promote their preferred unions at workplaces”.

He also said it appeared that Kula Segara sought to have “like-minded unions on the ground” in addition to “friendly NGOs and individuals who support anything he says”.

“All this will cause chaos and widespread discontent. It will render unions unproductive and unable to serve workers effectively.” 

Solomon described the amendments as being aimed at “state-sponsored union busting”.

“The only logical reason for the ministry to create multiplicity of unions is to create disharmony among unions to stop them from carrying out their roles effectively.

“Unfortunately the minister who is supposed to protect labour, is in reality exploiting workers and unions by abusing his power,” Solomon said.  

It would be better if the ministry focused on abolishing existing laws that restrict unions instead of coming with new ones, Solomon added.

Among such laws was the requirement for formal recognition of a union by employers, which has curtailed the labour movement in Malaysia.

Only six million out of 15 million workers in Malaysia are in unions, Solomon said.

He also dismissed Kula Segaran’s claims that the ministry had held meaningful consultations with MTUC on the amendments, as the congress, as a “genuine trade union” had never agreed to allowing multiple unions without removing restrictive provisions that prevent unions from functioning independently and freely. – November 3, 2019.