Trade Union PDF

TRADE UNION HLE2013 3 MAIN REASONS WORKERS FORM AND JOIN TRADE UNION 1. To improve their economic situation – Improve employees’ terms and conditions of service – Gives employees the collective strength to negotiate for better terms from employer – Give them a voice to...

TRADE UNION HLE2013 3 MAIN REASONS WORKERS FORM AND JOIN TRADE UNION 1. To improve their economic situation – Improve employees’ terms and conditions of service – Gives employees the collective strength to negotiate for better terms from employer – Give them a voice to express their needs 2. To ensure their rights are protected – Employees expect union to protect their rights – To protect them from exploitation and unfair treatment at work. 3 MAIN REASONS WORKERS FORM AND JOIN TRADE UNION 3. For social reason – Employees may be influenced to join to show solidarity with their fellow workers. – Intense peer pressure to become a member, particularly if the union is at a crucial stage of applying for recognition OBJECTIVES OF TRADE UNIONS To promote the industrial, social and the intellectual interests of its members. To obtain and maintain for its members just and proper rates of remuneration; security of employment and reasonable hours and conditions of work (protect the rights of their members at the workplace). To promote the material, social and educational welfare of the members. To promote legislation affecting the interests of the members in particular or trade unionists in general (to promote employee-friendly legislation). DEFINITION OF TRADE UNION Section 2 of the Trade Union Act: – Membership of a union is limited to workers working in Peninsular Malaysia, or Sabah or Sarawak – Any association or combination of workmen or employers, being workmen, whose place of work is in West Malaysia, Sabah or Sarawak as the case may be, or employers employing workmen in West Malaysia, Sabah or Sarawak as the case may be: a) Within any particular establishment, trade, occupation or industries b) Whether temporary or permanent DEFINITION OF TRADE UNION Having among its objects one or more the following: i. The regulation relations between workmen and employers for the purposes of promoting good industrial relation, improving the working condition or enhancing their economic and social status or increasing productivity. ii. Regulations relations between workmen and workmen or employers and employers iii. Representation of either workmen or employers in trade disputes iv. The conducting or dealing with trade disputes and matters related v. The promotion, organization or financing of strikes or lockouts in any trade or industry or the provision of pay or other benefits for its members during a strike or lockout THE IMPLICATION OF TRADE UNION DEFINITION Trade union need not be called union. Many unions call themselves associations. Even though the unions call as associations like e.g.; University Malaya Academic Staff Association but it still as union. Membership of unions is limited geographically. Members of trade union must be homogeneous (possess common interests). Employers and employees both have the right to form and join union but must be separate from each other. Trade union objectives must conform to all legislative requirements. MEMBERSHIP OF A TRADE UNION Workers in Malaysia have the right to form and join trade unions. Section 5 of Industrial Relation Act – It is calling as Freedom of Association and the right is protected in the act. Section 5 of Industrial Relation Act states that: – No employer shall prevent a worker from joining a union – No employer shall refuse to employ a worker that he is trade unions members – No employer shall discriminate against a worker that he is trade union members – No worker shall be threatened with dismissal if he want to join a trade union. MEMBERSHIP OF A TRADE UNION Any complaint by a worker that his rights under this section of the Act have been violated can be reported to the Department of Industrial Relations, which has the authority to investigate the matter and give such advice as they think helpful in settling the matter. If, however, they are unable to settle the complaint they will make a report to the Minister of Human Resources, who may differ the issue to the Industrial Court for a hearing. Such cases are rare, largely because it is difficult for workers to provide adequate proof of their allegations. Workers also have the right not to join a trade union. Workers may not be forced to join a union (Section 7 of the Industrial Relations Act).  REGISTRATION OF TRADE UNION i. All trade unions must apply to be registered within 1 month of establishing the union. If the period of 1 month is insufficient, a request for an extension of up to 6 months can be made to the Director General. – Registration is controlled by the Director General of Trade Unions (DGTU), Ministry of HR. ii. The application must be signed minimum at least 7 members. iii. The application must be accompanied by fees and printed copy of the rules of the union. iv. The application must include name of union, address, occupation of members. – The department of Trade Union require information such as copy of minutes of meeting who wish to establish a union. The director general will refuse registration in the following circumstances: If any of the union’s objectives are unlawful. If any part of the union’s constitution conflicts with the Trade Union Act. If the name of trade union is undesirable or identical to another already existing or if the name is deceiving. If the union is likely to be used for unlawful purposes. If the union not representing the interest of the workmen concerned. If there are two or more trade unions registered which represented the same groups of workers. The director general may cancel the registration of the unions The registration was obtained or issued by fraud or mistake Being used for unlawful purposes Does anything to contravene the trade unions Act The composition of the executive is unlawful The fund of the union have been unlawfully used The union has ceased to exist TYPES OF UNIONS IN MALAYSIA Public sector employees’ unions – Kesatuan Pekerja-Pekerja Risda, – Persatuan Kakitangan Akademik – Universiti Malaya Private sector employees’ unions – The National Union of Bank Employees – The National Union Of Hotel, Bar & Restaurant Employees Employers’ unions – Association of Hotel employer – Association of Insurance Employers-insurance company WHO CAN JOIN A UNION Employees over age of 16 Worker 18 years old , part time student Employees working in the relevant trade, occupation or industry Public sector workers can only join a union whose members work in the same Ministry or Department Statutory body employees can only join an in-house union WHO CANNOT JOIN A UNION Certain groups of government employee such as Police, Prison Service, the Armed Forces and those in the confidential or security work. Employee in the professional and managerial group in the public sector unless they are exempted by the Chief Secretary to the Government. Categories of employees whose membership is not of the same category as themselves such as managers, executives and staff in confidential or security positions. EXAMPLE QUESTION 1. (1 point) The application for registration must be signed by at least 3 members, which is the minimum number needed to form a union.(TRUE/FALSE) 2. (5 points) Briefly explain any TWO (2) effects from the definition of trade union. 3. (4 points) The Director-General of Trade Unions does not automatically register a trade union. Union must apply for the registration first. State any FOUR (4) situations in which the Director-General will refuse the registration of union. 4. (4 points) Ezzah has been unfairly treated by his company regarding the right to form and join the trade union. Please advise Ezzah by using any facts to convince her that her right is protected to form and join the trade union.  THANK YOU GOOD LUCK FOR YOUR FINAL EXAM