Malaysia

Ex-employees no longer eligible to vote on trade union strike-related matters

MPs express concern on amendment possibly allowing employers to stifle protests

Updated 3 years ago · Published on 05 Oct 2022 3:28PM

Ex-employees no longer eligible to vote on trade union strike-related matters
The amendment to the Trade Unions Act 1959 was tabled by Human Resources Minister M. Saravanan for its first reading on August 1 this year. It states that employees who are retired, discharged, and retrenched are no longer eligible to be involved in voting for trade union strike-related matters. – Bernama pic, October 5, 2022

by Adam Ayzzat

KUALA LUMPUR – The Trade Unions (Amendment) Bill 2022, which received majority backing from the Dewan Rakyat during its second reading today, was greeted by a voice of concern about the possible advantage it gives to employers in clamping down on personnel involved in strikes. 

The amendment to the Trade Unions Act 1959 was tabled by Human Resources Minister M. Saravanan for its first reading on March 23 this year. 

The amendment states that employees who are retired, discharged, and retrenched are no longer eligible to be involved in voting for trade union strike-related matters. 

The original clause states that any workman who has been dismissed, discharged, retrenched, or retired may be retained as a member of a trade union, subject to the rules of the trade union. 

Sivarasa Rasiah (Sungai Buloh-PH) voiced disagreement with the amendment, stating that it puts the clause now “in favour of trade unions institutions”.

“It is common for employers to victimise trade union officials to the point of being fired. This is considered a serious offence, as it disrupts the trade union’s progress.

“With this new amendment, these individuals are robbed of their rights,” he said. 

“They might have been fired for only organising protests. 

“Don’t tarnish an existing law that is already good…Don’t take us backwards,” he added. 

Sivarasa also questioned the rationale of having this amendment, to which Saravanan responded that it is to establish and ensure that only employees are given the entitlement to protest. 

The minister added that it is also to maintain company harmony. – The Vibes, October 5, 2022

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