MEMORANDUM TO THE YB DATO DR FONG CHAN ONN MENTERI SUMBER MANUSIA REGARDING PROBLEMS FACED BY TRADE UNIONS WORKERS

In the wake of economic crisis MTUC and the Trade Unions played a major role in containing the numerous problems and issues resulting from company closures, merger of banks, loss of thousands of jobs, wage cuts, unfair dismissals and even moratorium on collective agreements in a number of companies. Many employers do not seem to appreciate these concession and cooperation.

CONCILIATION

Whilst unions were urged to avoid all forms of industrial action and utilize the conciliation machinery, the Government failed to ensure that the process functioned smoothly and efficiently. As the result a massive backlog, amounting to more than 5000 cases have build up. In the past year MTUC repeatedly highlighted the extremely heavy workload imposed on the conciliation officers, especially at the Industrial Relations Department in Selangor and Federal Territory. The undue pressure and the burden on the officers resulted in shoddy conciliation. Reports were not done even after a year of conclusion of conciliation proceedings, files were misplaced and some cases were reopened because new officers assigned could not read the notes left by the previous officer.

At least 52 unions have expressed their dissatisfaction. We enclose herewith reports from our affiliates showing that 85 cases of dismissals pending 1998, 57 cases pending since 1999 and another 32 since early 2000.

COLLECTIVE AGREEMENT DISPUTES

The statistics attached would show that more cases remain unresolved. Due to lack of time and workload the Industrial Relations Department is not able to play an efficient and meaningful role to facilitate amicable settlements. Unions are under tremendous pressure to avoid going to the Industrial Relation Department and resort to industrial action.

According to our survey it takes 12 to 24 months for a dispute to reach the Industrial Court and it takes another 12 to 24 months for the courts to hear and hand down an award. Pending this frustratingly slow process, some companies change their name, close down and cease operation. In such event the court cannot even serve the award. In some cases, employers are still carrying on business under different name in the same premises and location but refuse to accept courts notices.

CLAIM FOR RECOGNITION

There seem to be a series lack of urgency in settling unions’ claim for recognition. The Industrial Relations Department fails to comprehend the numerous problems faced by workers in those workplaces.

We are witnessing increasing anti union activities by employers and the situation is worsening. Under Section 9 of the Industrial Relations Act, union recognition claims should be settle within 21 days but in practice it is taking as long as 12 to 18 months. Employed openly defy the Labour Laws and often refuse to cooperate with the Industrial Relations Department.

The Human Resources Ministry must accept responsibility for perpetuating this sad state of affairs.: We say this because 4 years ago suitable amendments were draft and endorsed by employers, workers and Government, but up to now no action have been taken. The amendments intended to empower the Director General of Industrial Relations and the Human Resources Minister to act against recalcitrant employers.

From the report received from our affiliates 25 recognition claims have been pending for more than 12 months and another 15 claims pending for more than 6 months.

Affiliates have informed us that offices from the Shah Alam Department of Trade Unions have completed their work and submitted their report to DGTU six months ago but up to now no further action have been taken. This resulted from the long delay in appointing a new DGTU.

The delay in the settlement of recognition claims is further worsened by the YB Minister’s reluctance to invoke the powers vested in him under Sec 9 (5) of the Industrial Relations Act 1967. If an employer fail to accord recognition within 14 days of notification by DGIR, we urge the YB Menteri to make a final decision.

We submit this memorandum to highlight worker’s grievances against anti-union employers and urge the YB Menteri to take appropriate action.

We remain,

Yours faithfully

SENATOR ZAINAL RAMPAK

PRESIDENT

G.RAJASEKARAN

SEC-GENERAL

Subang Jaya 11 October 2000