Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
MTUC is greatly disappointed that the Federal Court has on 18 August 2014 refused to grant leave to President and Secretary of the Trienekens Employees Union to appeal against their dismissal in 2008.
The two officials are employed as lorry driver and loaders by Trienekens Sdn Bhd who is responsible for rubbish collection in the City. They were dismissed for writing and distributing a union circular (which is at the instruction of the Union) that called for a boycott of the Company’s family day which was held on a Sunday.
MTUC deeply regret that the Country’s Highest Court decline to clarify the law on the protection accorded to Trade Unions Officials against discrimination under the S 5 & 59 Industrial Relations Act and believe that it will create uncertainty and concerns among all employees and may lead to industrial unrest.
MTUC is extremely worried that employers are now embolden to embark on Union busting and to rid of Trade Unions by dismissing key officials.
It may also spell the death of In-House Unions, which is greatly encouraged by the Government. This is because officials of In House unions are all employees of the company and their job will be at risk if they write any union circular or take part in an trade union activity that the employer does not like..
Since the Courts decline to address the law relating to Section 59 of the Act, MTUC now calls on the Minister of Human Resources and the Public Prosecutor to prosecute the Company under this section which essentially makes it an offence for an employer to dismiss an employee because he is a member or official of a trade union or to take part or promote trade union activities
MTUC Sarawak may include file a complain to the International Labour Organisation that Malaysia is a member of.
Andrew Lo
Secretary
MTUC, Sarawak Division
18/8/2014
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com