Malaysian Airlines Must Respect Trade Union and Worker Rights

William Gomes, Human Rights Ambassador for Salem-News.com- Mar04-2014

MAS had failed to observe international labour and human rights standards. Cease Anti-Union activities against NUFAM and its members (Washington, D. ! - We, the "# undersigned ci$il societ% grou&s, trade unions and organi'ations are disturbed b% the news that (ala%sian Airlines ((AS!, a go$ernment lin)ed com&an%, continues to $iolate wor)er and trade union rights. Recentl%, (AS commenced disci&linar% action against (ohd A)ram bin *sman, the Secretar% General of the National +nion of ,light Attendants (ala%sia (N+,A(!, Malaysia Airlines and -. other N+,A( members. /he show cause letter dated on or about 0#1212.0# as)ed wh% disci&linar% action should not be ta)en against them b% reason of their &artici&ation in an 3illegal4 gathering on 2510012.0- at the (inistr% of Human Resources in 6utra7a%a8 *n 051212.0#, (ohd A)ram recei$ed %et another show cause letter with new allegation, and he has been sus&ended with half &a%. /he National +nion of ,light Attendants (ala%sia (N+,A(! is a registered trade union, and it had sought recognition from (ala%sian Airlines, the em&lo%er of some of its members. Recognition is a legal

re9uirement in (ala%sia before an em&lo%er can be com&elled to sit down, negotiate and agree to a ollecti$e :argaining Agreement ( :A!. When (AS re7ected the a&&lication, the Director General of ;ndustrial Relations (DG;R! conducted a secret ballot which in$ol$ed all 9ualified em&lo%ees, and N+,A( succeeded in getting <2.5-= of the $otes, and thereafter on August 2.0-, the DG;R issued the formal letter ac)nowledging N+,A( as a recogni'ed union. ;t must be noted that in (ala%sian law, (AS, as em&lo%er, would ha$e had to agree on the list of 9ualified em&lo%ees entitled to $ote before the secret ballot, and as such challenging the result and the subse9uent recognition of the +nion is bad. Sadl%, on #10.12.0-, (AS challenged the decision of the (inister to accord recognition to N+,A(, and filed a >udicial Re$iew a&&lication in the High ourt. (AS also allegedl% a&&lied for an interim sta% order thus de&ri$ing N+,A( the abilit% to mo$e forward towards a :A. *n 2?10012.0- (AS wrongl% terminated ;smail Nasaruddin, the 6resident of N+,A(, without e$en ha$ing a Domestic ;n9uir%, hence den%ing him the right to be heard and a fair hearing. ;smail was first sus&ended and then terminated allegedl% b% reason of a statement he issued in his ca&acit% as 6resident of N+,A(, which a&&eared in the media, which amongst others stated@- 3AN+,A( Secretariat said it is calling on the &rime minister to re$iew >auhari8s contract and remo$e him as the B* of (AS, which is a go$ernment a&&ointed &osition, unha&&% that there has been no changes in resol$ing the cabin crew8s &roblemsA4 ;t also raised other wor)er issues (/he Sun Dail%, C10012.0-, N+,A( calls for resignation of (AS8 B*!. (AS send him a show cause letter on C10012.0-, which also immediatel% sus&ended him. /hereafter, ;smail recei$ed another letter terminating him on 2?10012.0-. According to a (ala%sia)ini re&ort, it is alleged that (AS said ;smail had acted in contradiction with his duties as a chief steward of the airline b% issuing the statement.((ala%sia)ini, 0#10012.00, (AS sus&ends chief steward for criticising B*!. /his is absurd as the statement was issued in the ca&acit% of a +nion 6resident, not a mere em&lo%ee whereb% e$en an ordinar% em&lo%ee should ne$er be denied his freedom of o&inion or eD&ression. ;n res&onse, #- ci$il societ% grou&s and trade unions, including the ;nternational /rade +nion onfederation(;/+ !, issued a >oint

Statement on -10212.0-, entitled, E(AS (ust ;mmediatel% Re$o)e Sus&ension of +nion 6resident ;smail Nasaruddin Wor)er Right ;ssue Should :e Resol$ed :% Negotiations Not 3+nion :usting4. /hen, in December 2.0-, disci&linar% action was ta)en b% (AS against about 0. N+,A( members allegedl% based on comments made b% them in their N+,A( ,aceboo) Grou&. /he% were all sus&ended, but than)full% the disci&linar% action seem to ha$e been discontinued against ?. Howe$er, one ,light Attendant (s ,arahtina Fassim is still sus&ended from her fl%ing duties since Cth December 2.0- and e$en though she is now recei$ing full wages, she is being de&ri$ed of her fl%ing allowance which constitutes a substantial sum of her ordinar% ta)e-home income.G Now in ,ebruar% 2.0#, the show cause letter is against some -. em&lo%ees. /he most recent allegation of &artici&ation in an 3illegal gathering4 at the Human Resource (inistr% is absurd gi$en the reason that it a fundamental right for wor)ers and1or their unions to file com&laints and ma)e re&resentation to the go$ernment, including the Human Resource (inister. /here has also been no )nown re&ort or actions ta)en b% the &olice or rele$ant authorities that indicated that an% 3illegal gathering4 e$en too) &lace on 2510012.0- at the (inistr%. ;n an% e$ent, e$en if wor)ers went to the (inistr% not during their wor)ing hours, (AS certainl% cannot ma)e this a wor)er misconduct. :eing con$icted of serious crimes ma% be a basis for commencement of misconduct, but here there seem to ha$e been no arrest, in$estigation or e$en &rosecution at all. *ne also wonders whether there is 3mala fide4 on the &art of (AS to suddenl% in ,ebruar% 2.0# to issue show cause letter with regard to things that ha&&ened in No$ember last %ear. *n or about 0# ,ebruar% 2.0#, (s ,arahtina Fassim and - others were terminated. ;t is sus&ected that the timing of these recent actions b% (AS ma% ha$e been because the (AS4s 7udicial re$iew at the High ourt challenging of the recognition accorded (inister to N+,A( was fiDed for 0C1212.0#, which now has been ad7ourned to 251-12.0#. /a)ing into consideration all these actions of (AS, it is difficult not to

come to the &erce&tion that (AS is on a 3union-busting4 mission, which also includes &ersecution of +nion leadershi& and those acti$e in N+,A(. (ala%sia, being a member of the international communit%, must also act in accordance with ;nternational Standards including Ruggie4s Guiding 6rinci&les on :usiness and Human Rights@ ;m&lementing the +nited Nations E6rotect, Res&ect and Remed%H ,ramewor) , whereb% in cases of go$ernment-lin)ed com&anies li)e (AS, the obligation is e$en greater. /he Guiding 6rinci&les do state that EStates should ta)e additional ste&s to &rotect against human rights abuses b% business enter&rises that are owned or controlled b% the State, or that recei$e substantial su&&ort and ser$ices from State...H. No wor)er, grou& of wor)ers or unions should be barred from ma)ing &ublic statements to the media or otherwise in the struggle for wor)er rights and human rights. /his right is clearl% ac)nowledged in the Declaration on the Right and Res&onsibilit% of ;ndi$iduals, Grou&s and *rgans of Societ% to 6romote and 6rotect +ni$ersall% Recogni'ed Human Rights and ,undamental ,reedoms, commonl% )nown toda% as the +N Human Rights Defender Declaration. We call on (ala%sian Airlines to immediatel% cease all 3union busting4 acti$ities including the commencement and continuation of disci&linar% actions against members and &otential members of N+,A(. We call on (AS to immediatel% discontinue the High ourt action challenging the recognition of N+,A(, and to immediatel% sit down and wor) towards a ollecti$e :argaining Agreement with N+,A(. We call again on (AS to immediatel% and unconditionall% reinstate ;smail Nasaruddin, the &resident of the +nion, (s ,arahtina Fassim and the - other flight attendants that ha$e been terminated. We call on (AS to recogni'e and res&ect wor)er rights including the freedom of association and the right of 9ualified em&lo%ees to 7oin the +nion. We call on the (ala%sian go$ernment, being also a member of the ;nternational Iabour *rgani'ation (;I*!, and also ha$ing substantial influence in (AS, a go$ernment lin)ed com&an%, to ensure that

wor)er rights and union rights are res&ected b% (AS. We call on (ala%sia to immediatel% amend or re&eal all laws that hinder or dela% the s&eed% formation of trade unions and entr% into ollecti$e :argaining Agreement with em&lo%ers. Senator S%ed Shahir bin S%ed (ohamud harles Hector (ohd Ros'eli bin (a7id 6ranom Somwong ,or and on behalf the "# organisations listed below AI;RAN All Ne&al ,ederation of /rade +nions A(R , Hong Fong. ambodian Human Rights and De$elo&ment *rgani'ation- ADH* entro De RefleDiJn K AcciJn Iaboral ( BRBAI! *A ( enter for *rang Asli oncerns!, (ala%sia ommittee for Asian Women, :ang)o) ommunit% Action Networ)( AN!, (ala%sia W; ( ommitte ,or Wor)ers ;nternational! (ala%sia Damn the Dams Dignit% ;nternational ,ARR(,riends8 Association for Rural Reconstruction! *rissa, ;ndia Human Rights Ambassador for Salem-News.com, +F Fesatuan B)se)utif A;R*D Fesatuan B)se)utif anon *&to ((ala%sia! Sdn :hd Fesatuan 6e)er7a-6e)er7a 6erodua Fesatuan 6e)er7a-6e)er7a Dalam 6er)hidmatan 6erubatan Dan Fesihatan Swasta Fesatuan 6e)er7a-6e)er7a 6ol%&lastics Asia 6acific(F66A6!, (ala%sia Fesatuan Se)er7a ;ndustri Ble)troni) Wila%ah Selatan, Semenan7ung (ala%sia (AD6B/ ((ala%sians Against Death 6enalt% and /orture! (ala%sians for :eng Hoc) (ala%sian 6h%sicians for Social Res&onsibilit% (6SR (ala%sian /rade +nion ongress ((/+ ! 6ahang (ala%sian /rade +nion ongress ((/+ ! 6era) (ala%sian /rade +nion ongress ((/+ ! Selangor L Wila%ah

6erse)utuan (HS Bm&lo%ees +nion, (ala%sia (igrant ,orum in Asia ((,A! (igrante ;nternational National +nion Bm&lo%ees in om&anies (anufacturing Rubber 6roducts(N+B (R6! National +nion of Hotel, :ar and Restaurant Wor)ers (N+H:RW!, (ala%sia National +nion of /rans&ort B9ui&ment L Allied ;ndustries Wor)ers (N+/BA;W! Networ) of Action for (igrants in (ala%sia (NA((! 6a&er 6roducts (anufacturing Bm&lo%ees4 +nion of (ala%sia (66(B+! 6arti Ra)%at (ala%sia(6R(! 6arti Sosialis (ala%sia(6S(! 6aD Romana ; (; A 6eo&les Green oalition 6ersatuan Fesedaran Fomuniti Selangor (B(6*WBR! 6ersatuan (as%ara)at Selangor L Wila%ah 6erse)utuan (6BR(AS! 6ersatuan Sahabat Wanita Selangor, (ala%sia 6usat F*(AS Sahabat Ra)%at Wor)ing ommittee, (ala%sia Sa%a Ana) :angsa (ala%sia (SA:(! Selangor L ,ederal /erritor% /eDtile Wor)ers +nion Suara Ra)%at (ala%sia (S+ARA(! /enaga Nasional >unior *fficers +nion (/N:>*+! /hai Iabour am&aign, /hailand /H;NF entre, Singa&ore WA , a$ite, 6hili&&ines WH# (Wor)ers Hub ,or hange! Women Wor)ers Iead, (ala%sia Ka%asan I;N/AS N+SA M :atam Asia 6acific ,orum on Women , Iaw and De$elo&ment ( A6WID! lub Bm&lo%ees +nion 6eninsular (ala%sia --