KUALA LUMPUR – The Labour Law Reform Coalition (LLRC) has called on the government to immediately withdraw the fourth schedule of the Trade Unions (Amendment) Bill 2022, which insinuates that trade unions could wage wars against the state and be involved in terrorism.
In a statement today, the movement’s leaders questioned the move to have provisions that are in the Penal Code provisions in the proposed fourth schedule.
Co-chairpersons N. Gopal Kishnam and Irene Xavier noted that it stipulates offences under various chapters – chapter VI, VIA and VIB – of the Penal Code which detail offences against the state, and those relating to terrorism and organised crimes.
“This new provision is seemingly suggesting that trade unions could commit offences such as waging war against the Yang di-Pertuan Agong (Section 121), carrying out activity detrimental to parliamentary democracy (Section 124B), directing activities of terrorist groups (Section 130I) or assisting an organised criminal group (Section 130W),” they said in a statement today.
They are of the opinion that it is absurd to link trade unions to criminal activities as the new provision is seemingly suggesting that the unions could commit offences.
They explained that the bill empowers the human resources minister to introduce a new fourth schedule which specifies offences. If a trade union is convicted, the director-general of trade unions can cancel the registration of the union or declare its affiliation invalid.
They also lambasted the government for abolishing provisions relating to the prohibition of participating in unlawful activities in the Trade Union Bill – but on the other hand, introduced the fourth schedule to prevent trade unions from joining unlawful activities.
“Given that the Penal Code applies to all persons, anyone who commits an offence, whether a trade unionist or not, will be prosecuted accordingly.
“Therefore, it is unnecessary for the government to include the Penal Code provisions in the fourth schedule of the Trade Union Bill,” they said.
In addition, they said LLRC is of the view that the government should immediately drop the fourth schedule, which is acting as a deterring factor to check trade union movement.
The fourth schedule can permanently disable trade unions in Malaysia, they said, and it is undoubtedly “a knife hanging over the head of the labour movement”.
“We urge all political parties and members of Parliament to oppose the fourth schedule of the Trade Union Bill,” they said.
The Trade Unions (Amendment) Bill 2022 was one of three bills pertaining to employment under the Human Resources Ministry that were tabled for the first reading in the Dewan Rakyat on March 24.
The others were the Employees Social Security (Amendment) Bill 2022 and the Employment Insurance System (Amendment) Bill 2022.
The Trade Unions (Amendment) Bill 2022, among others, seeks to amend the Trade Unions Act 1959 with the objective of removing restrictions on the formation of trade unions based on certain establishments or similarities in trade, occupation or industry to allow for the diversity of trade unions.
The Employment Insurance System (Amendment) Bill 2022, meanwhile, aims to improve social security coverage under the Employment Insurance System for employees, while the Employees’ Social Security (Amendment) Bill 2022 aims to improve social security coverage, increasing certain benefits for employees. – The Vibes, June 2, 2022
