Malaysian workers marched against Union Busting amd worker right violations in Malaysia

On 20th October, about 150 workers and unionists marched against Union Busting - memorandums
were presented to the Malaysian Bar and the Malaysian Human Rights Commission(SUHAKAM)
calling for involvement in the struggle to end Union Busting and violations of worker rights in
Malaysia...

MEMORANDUM CALLING FOR AN END OF ALL FORMS OF UNION BUSTING AND

VIOLATION OF WORKER RIGHTS
17 October 2014
A disturbing UNION BUSTING trend is immerging, whereby employers have been terminating,
suspending and taking disciplinary actions against TRADE UNION leaders and members, and workers
involved in legitimate TRADE UNION and worker activities.
1. For picketing in front of Keretapi Tanah Melayu Berhad (KTMB) on the issue of worker future
welfare and rights, which the Union saw as being impeded by the current President of KTMB, KTMB
terminated the Railway Union Malaysia (RUM) President (Abdul Razak Md Hassan), Vice President
(R. Subramaniam), 41 others and suspended 27 others union members that participated in the said
picket.
2. For the issuance of a media statement as the President of the National Union of Flight Attendants
Malaysia (NUFAM), Ismail Nasaruddin was terminated by Malaysian Airlines Systems Berhad (MAS)
by reason that it is misconduct for an employee to issue a Statement. NUFAM Secretary General
(Mohd Akram Osman) and 5 union members have also been terminated for union activities.
3. For the National Union of Bank Employees (NUBE) activities, Vice-President (Abdul Jamil
Jalaludeen) and Treasurer General (Chen Ka Fatt) was terminated by bank management.
4. For someone else being raised issues about worker injustices in a closed Facebook group of union
members, the President of Electronic Industry Employees Union Western Region, Peninsular Malaysia
(EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung Malaysia (KSIEWBSM),
Wan Noorulazhar bin Mohd Hanafiah was terminated by RENESAS.
5. For the submission of a Malaysian Trades Union Congress (MTUC) memorandum to candidate
contesting in the General Elections to get commitment to worker rights, 18 union members from
National Union of Transport Equipment and Allied Industries Workers/ Kesatuan Kebangsaan Pekerja
Pekerja Perusahaan Alat Alat Pengangkutan dan Sekutu (NUTEAIW) were terminated in DRB
HICOM subsidiaries in Pekan, Pahang including the MTUC Pahang Chairman Rusaini Ramli.
6. For issuance of a media statement as a President of National Union of Journalist (NUJ), Mohamed
Hatta Wahari, Deputy President and Branch Chairman Amran Ahmad and Deputy Secretary Norazri
Abdul Rahman was terminated by Utusan Melayu (M) Bhd.
7. President and 16 Union leaders and workers of Kesatuan Kakitangan Pekerja-Pekerja Westport (M)
Sdn Bhd was terminated for union activities.
8. For picketing in front of Ansell NP Sdn.Bhd, Malacca on the issue of worker welfare and rights,
Ansell NP Sdn. Bhd terminated the Branch Deputy Chairman (NUECMRP) and 9 union members that
participated in the said picket.
The above, are some of the cases in which workers have been terminated, and/or disciplined by reason
of their involvement in union activities.

The government talks about industrial harmony, and promotes the usage of complaint mechanisms but
a great injustice happens because business and employers continue unaffected making profits, whilst
the wrongfully dismissed workers is left to languish without employment and income which affects
the welfare and wellbeing of workers and their families. The process of resolving wrongful dismissal
cases take years to resolve, and at the end of the day majority of the workers do not even get
reinstated.

Union registration and recognition takes too long, and is further delayed by employers making judicial
review applications and appeals to the courts. This delay, which can last many years, deprives workers
of their right to an fully functional TRADE UNION and the benefits of a Collective Agreement.
What is most disturbing is some of these UNION BUSTING actions are being committed by
Malaysian government owned or linked companies like KTMB, MAS, WESTPORT and DRBHICOM.

THEREFORE, WE CALL ON SUHAKAM, MALAYSIAN BAR AND ALL HUMAN RIGHTS

GROUPS TO JOIN US IN CALLING ON THE GOVERNMENT OF MALAYSIA TO:
1. End of all forms of UNION BUSTING, and for the respect and promotion of all worker rights.
2. More effective legislations that will prevent employers from UNION BUSTING, termination or
taking disciplinary actions against union leaders and union members for union activities. employers
must be prevented from using union activities, or legitimate actions of workers promoting worker
rights, and struggling against injustice into employment misconducts.
3. Employment misconducts need to be strictly confined to misconducts related to workplace, and not
used to prevent union and worker activities, standing up against injustice and worker right violations,
or the promotion of rights for workers.
4. Reinstate all union leaders and members who have been terminated, and cease all suspension and
disciplinary proceedings against workers by reason of their union activities;
5. Expedite the process of registration and recognition of trade unions;
6. Expedite the process of resolving trade disputes and wrongful dismissal cases;
7. End all forms of UNION BUSTING activities.
MTUC SELANGOR & WILAYAH PERSEKUTUAN DIVISION

In Malaysia, sloppy trade unions don't get busted ...

they get voted out!
Malaysia Airlines flight attendants ditch in-house union for new national
body. Trade unionists used to be a militant lot. The predecessor to the MAS Employees
Union (Maseu) used to be feared by both the airline and the Government: when it
staged the infamous airline strike in the late 70s, the Hussein Onn administration had
to bring the issue to the Dewan Rakyat for a resolution. One labour correspondent
recalled the famous last words of the union boss Mohamed Hahi Hussein then: "We
want peace in one piece, not in pieces".
Today, Maseu isn't what it used to be. Or the employees are the militant ones, harder
to please. In an unprecedented referendum by way of secret balloting organized by the
Ministry of Human Resources last week, flight attendants with the national airline
voted to find out if the majority wanted Maseu or a newly-registered National Union of
Flight Attendants Malaysia or Nufam. The outcome had been expected: they voted out
Maseu. (Note: Official results aren't out yet but do read the Mole's report h e r e).
Maseu officials have started to blame everyone (except themselves, of course). They
are particularly sore with the management for adopting a "neutral" position. They felt
that the Board, the CEO and the top management should have openly thrown their
support for Maseu. In the middle of the secret balloting last week, the union called for
a press conference and urged the Government to replace the airline's management!
Meanwhile, in the banking sector, a national union is back-pedalling against a
small
in-house body. At Maybank, the country's largest commercial bank, employees are
rejecting the national union in favour of a tighter, in-house outfit. The National Union
of Bank Employees (NUBE), one of the richest trade unions before a series of selfinflicted financial crises of the 90s, is reacting badly to the reception given by the
management towards the in-house union. Same sob story: the union accuses the
management of the bank of trying to put it out of business and even blame the Minister
for their predicament. At the recent general election, a group of trade unionists
reportedly took to campaigning against the then Human Resources Minister in his
constituency in the hope that he'd lose his seat!

Expect another secret balloting as the more affluent Malaysian workers exercise this
new-found freedom.

PETALING JAYA - Malaysian Trades Union Congress (MTUC) has blasted the new Malaysian Airline
System Bhd Act (MAS Act) which it said specifically targets the employees of the national carrier and
have not addressed issues of lopsided contracts and mismanagement head on.
MTUC's Sarawak division secretary Andrew Lo pointed out that the MAS Act will take away hard
earned retirement and termination benefits as well as bring the end of existing trade unions and
associations representing the employees of MAS.
"Worse, it will tear up the existing collective agreement (CA) that was agreed upon between the unions
and MAS," he said in a statement yesterday.
Under the MAS Act, he noted, that the new entity, Malaysia Airlines Bhd (MAB), will not be responsible
for any monies due to employees, including termination benefits of at least 6,000 who will lose their
jobs.
Lo warned that all 20,000 employees of MAS will naturally be terminated when the present entity
cease to exist.
"It is expected that the new MAB will employ most of these, (except the 6000) MAS employees.
However, the terms and conditions will be entirely at the discretion of MAB," he said.
MAB will also pick and choose which employees and union leaders from MAS that it wants.
Lo said the employees who are terminated will also most likely not be able to recover retrenchment or
termination benefits provided for in law as MAS's asset will be transferred to the new MAB.
"This is where it is most discriminatory and unfair as the Act allows for liabilities due to other creditors
including those lopsided contracts be transferred to the new MAB. It is unacceptable to deny lower
ranked employees their basic and minimal rights," he said.
Lo added that the creditors are further protected, as the Act requires MAB to appoint an independent
advisor to review any re-negotiation of contracts.
"The independent advisor may take into consideration the interests of the (lopsided) creditors," he
said.

"By targeting specifically the employees and trade unions, the government is barking up the wrong
tree. Until the issue of mismanagement is addressed head on, any restructuring is unlikely to
succeed." -Sundaily