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TRADE UNIONS
2.1 DEFINITION
Many definitions have been given to this term.
Part III of the Trade Union Act (TUA) 1959 defines;
a trade union as any association or
combination of employers (being employers
employing employees in West Malaysia,
Sabah or Sarawak) or of employees (whose
place of work is in West Malaysia, Sabah or
Sarawak), as the case may be:
whether temporary or permanent; and
within any particular trade, occupation or
industry or within any similar, and
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DEFINITION . Contd
Therefore:
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2.3.2
APPLICATION FOR
REGISTRATION
It must specify:
The name of the union and the address of its head office;
i. The titles, names, ages, addresses and occupations of the
officers of the unionand such other information regarding
such officers as the DGTU may in any particular case require
to be furnished and
ii. The names, addresses and occupations of the members
making the application.
(Sec. 10, TUA)
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2.4.2 DE REGISTRATION
TUA also gives powers to the DGTU regarding this
matter as follows:
(1)
To reject any application by a trade union if:
He is satisfied that there is a trade union (exists) in
respect of the particular trade, occupation or industry
and in the interest of the workmen in that particular
trade, occupation or industry.
(Sec. 12(2), TUA)
(2)
Shall refuse to register a trade union if:
(a) In his opinion the trade union is likely to be used for
unlawful purposes or for purposes contrary to or
inconsistent with its objectives and rules; or
(b) He is not satisfied that the trade union has complied
with the provisions of this Act and of any regulations
made thereunder; or
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DE REGISTRATION contd
3.
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DE REGISTRATION contd
(c) In the case where two or more trade unions registered in
respect of particular trade, occupation, industry or place
of employment exist, the DGTU may:
cancel the certificate of registration of the trade union
or trade unions other than the trade union which has
the largest number of workmen; or
issue an order requiring the trade unions other than
the trade union which has the largest number of
workmen in the said as its members to remove from
the membership register those members as are
employed in thatand thereafter the trade union/
unions ordered shall not enroll as members in any
except with the permission in writing of the DGTU
(Sec. 15(2), TUA)
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DE REGISTRATION contd
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Memberships
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2.5.2 MEMBERSHIPS
Workers in Malaysia have the right to form and join trade
unions. This is known as the freedom of association and
the right is protected in the Industrial Relations Act
(Sec.5).
The Act states that: i. no employer shall prevent a worker from joining a union
by putting a condition in his contract of employment.
ii. no employer shall refuse to employ a worker on the
grounds he is a trade union member or officer.
iii. no employer shall discriminate against a worker (i.e. in
term of promotion) on the grounds he is a trade union
member or officer; and
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MEMBERSHIPS contd
iv. no worker shall be threatened with dismissal or
dismissed if he proposes to join a trade union or if he
participates in union activities.
Workers also have the rights not to join a trade union.
Workers may not be forced to join a union. (Sec 7, IRA).
So, the concept of closed shop is not applied in Malaysia
but in certain countries such as United States and United
Kingdom.
(Maimunah Aminuddin: 2006: pg 114 115)
Closed shop/ union shop means, some unions make
agreement with employer that only union members shall
be employed in particular organizations.
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MEMBERSHIPS contd
The Trade Unions Act, 1959 regulates the right of
employees to membership in trade unions. In
some cases the Act merely restricts this right, but
in other cases it completely negates it. This
regulations affects public sector employees more
than private sector, and among public sector
employees, it more affects government employees
more than statutory and local authority employees.
(Dunston Ayadurai: 1998: pg 34)
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MEMBERSHIPS contd
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MEMBERSHIPS contd
(iii) public officers employed in a confidential or security capacity; and
public officers holding any post in the Managerial and Professional
Group, unless they have been permitted to be members of a union by
the Chief Secretary to the Federal General Government.
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MEMBERSHIPS contd
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Discussion Questions:
1. Explain the procedures to apply for the registration
of a trade union.
2. Explain any four (4) problems in a registration
process.
3. Discuss any five (5) factors that can lead to small
size of trade union in Malaysia.
4. Discuss the arguments for and against the small
size of unions.
5. Identify and explain seven (7) conditions that qualify
an individual to be an officer of a trade union.
6. Elaborate on the causes and effects of a deregistered trade union.
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