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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin. Chapter Five Trade Unions. Preview. Reasons for joining a trade union Purpose of trade unions Definition of “trade union” Membership of a trade union Registration of trade unions Control of trade unions

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MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

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  1. MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAWAuthor: Maimunah Aminuddin Chapter Five Trade Unions Malaysian Industrial Relations & Employment Law

  2. Preview • Reasons for joining a trade union • Purpose of trade unions • Definition of “trade union” • Membership of a trade union • Registration of trade unions • Control of trade unions • Current status of trade unions • The MTUC and the MEF Malaysian Industrial Relations & Employment Law

  3. Reasons for joining a trade union Employees join trade unions: • To improve their economic situation • To ensure their rights at work are protected • For social reasons Malaysian Industrial Relations & Employment Law

  4. Purpose of trade unions • To promote the interests of their members and working people in general • To promote employee-friendly legislation • To promote the economic, social and educational welfare of their members • To protect the rights of their members at the workplace Malaysian Industrial Relations & Employment Law

  5. Definition of trade union The legal definition of “Trade Union” in the Trade Unions Act has implications: • Membership of a union is limited to workers working in Peninsular Malaysia, or Sabah or Sarawak • Unions with membership from a variety of industries not permitted • Employerscan form unions Malaysian Industrial Relations & Employment Law

  6. Membership of a trade union Trade unions of workers Membership opento: • Employees over age of 16 • 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 Malaysian Industrial Relations & Employment Law

  7. Membership of a trade union, cont. Police, Armed Forces and Prison service employees canNOT join any trade union. Malaysian Industrial Relations & Employment Law

  8. Membership of a trade union, cont. Managers, Executives, Confidential Staff and Security Staff can only join a union whose members are in the same category. Malaysian Industrial Relations & Employment Law

  9. Registration of a trade union • All trade unions must apply to be registered within one month of formation. • Registration is controlled by the Director General of Trade Unions (DGTU), Ministry of HR. • DGTU has extensive powers to register, reject anapplication and de-register an existing union. Malaysian Industrial Relations & Employment Law

  10. Control of trade unions Other than registration, unions activities are controlled through: • Limitations on use of union funds and need to submit audited annual accounts to DGTU • Rules relating to who can be elected as a union executive officer • Rules relating to who can serve as an employee of a union Malaysian Industrial Relations & Employment Law

  11. Current status of trade unions in Malaysia • Number of unions steadily growing • Number of members increasing • Density reducing • Most unions have less than 500 members • Two types of union – national and in-house Malaysian Industrial Relations & Employment Law

  12. Key players other than employee TUs Employers’ Associations: • The Malaysian Trades Union Congress • The Malaysian Employers Federation Malaysian Industrial Relations & Employment Law

  13. Key players other than employee TUs, cont. Employers’ Associations Some employers have formed and joined a trade union, e.g.: • MAPA • MCBA • AIE Malaysian Industrial Relations & Employment Law

  14. Key players other than employee TUs, cont. The Malaysian Trades Union Congress (MTUC) • The MTUC is NOT a trade union. It is registered under the Societies Act. • The MTUC’s members are trade union from a variety of industries. • The MTUC speaks on behalf of unions and workers on issues related to the welfare of workers. Malaysian Industrial Relations & Employment Law

  15. Key players other than employee TUs, cont. The Malaysian Employers Federation (MEF) • The MEF is NOT a trade union. • The MEF speaks on behalf of employers. • The MEF carries out research. • The MEF advises its members on employment related issues. Malaysian Industrial Relations & Employment Law

  16. Review • Reasons for joining a trade union • Purpose of trade unions • Definition of “trade union” • Membership of a trade union • Registration of trade unions • Control of trade unions • Current status of trade unions • The MTUC and the MEF Malaysian Industrial Relations & Employment Law

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