Professional Documents
Culture Documents
6/12/2013
All union must be recognized and have resources available at the workplace to act as the representative of its members.
The trade union recognition is the process by which management formally accepts one or more trade unions as the representative(s) of all, or a group, of its employees for the purpose of jointly determining terms and conditions of employment on a collective basis.
In Malaysia, a Trade Union includes: An associations / trade union registered under the T.U Act, 1959.
4
However, the following group of employees are not allowed to join a trade union: Managerial capacity Executive capacity Confidential capacity Security capacity.
3. It is an unfair practice for company representatives to dominate or interfere with either the formation or the administration of labor unions. Among other management actions found to be unfair under practices 1 and 2 are bribing employees, using company spy systems, moving a business to avoid unionization, and blacklisting union sympathizers.
4. Employers are forbidden to discharge or discriminate against employees simply because the latter file unfair practice charges against the company. 5. Finally, it is an unfair labor practice for employers to refuse to bargain collectively with their employees duly chosen representatives.
6/12/2013 Prepared by: Dr. Parwazalam Abdul Rauf 8
6/12/2013
2. It is also unfair labor practice for a union to cause an employer to discriminate in any way against an employee in order to encourage or discourage his or her membership in a union. There is one exception to this. Where a closed or union shop prevails (and union membership is therefore a prerequisite to employment), the union may demand discharge for a worker who fails to pay his or her initiation fees and dues.
3. It is an unfair labor practice for a union to refuse to bargain in good faith with the employer about wages, hours, and other employment conditions.
6/12/2013
13
6/12/2013
15
Specifically, Trade Unions are organized with the following main objectives: 1. To secure the complete organization: to promote the industrial, social and intellectual interests of its members. 2. To regulate the relationship between employees and their employers, member and member, and members and other workers. 3. To promote the material, social and educational welfare. 4. To provide legal assistance to members. 5. To provide victimization pay and dispute pay. 6. To promote legislation affecting the interest of 6/12/2013 Prepared by: 17 the members. Dr. Parwazalam Abdul Rauf
7. Conduct collective bargaining with the employees with the view to concluding collective agreement. 8. To represent the employees in trade disputes with employer. 9. To represent the employees in Industrial and Labour Court. 10. To undertake such other activities as to promote social, recreational and cultural activities among its members. 11. To promote or organize any legitimate industrial action: strikes, picket, etc. subject to provision of the Trade Union Act, 1959.
6/12/2013 Prepared by: Dr. Parwazalam Abdul Rauf 18
Workforce in Malaysia
1998 = 8.881 million: 8.597 employed = 96.8% employed
2000 = 9.194 million: 8.920 employed = 97.0% employed 7.72 mil. = private sector 0.98 mil = public sector Plus 1.14 mil. = legal foreign workers (Estimated 1 mil. = work illegally)
6/12/2013 Prepared by: Dr. Parwazalam Abdul Rauf 19
6/12/2013
20
Australia = 55% Canada = 35% Great Britain = 51% USA = 28% Sweden 82% Denmark = 65% Norway = 61%
21
Manufacturing
Construction Public sector
2,279,000
808,000 3,190,000
145,000
4,000 195,000
5.9%
0.5% 6.1%
Private sector
All sectors
6/12/2013
877,000
8,597,000
320,000
720,000
36.5%
8.2%
23
39,420
27,622 27,015 19,322 16,935 15,847 12,307 11,474 10,976 10,469
100,052
12,922 18,025 14,217 15,531 8,537
10,447
24
2. Some managers believe that the presence of a union is evidence of managements failure to treat employees fairly.
6/12/2013 Prepared by: Dr. Parwazalam Abdul Rauf 25
2. Employees who have pride in their work. 3. Good performance records kept by the company. Employees feel more secure on their jobs when they know their efforts are recognized and appreciated.
6/12/2013 Prepared by: Dr. Parwazalam Abdul Rauf 26
4. No claims of high-handed treatment. Employees respect firm but fair discipline. 5. No claim of favoritism thats not earned through work performance.
6/12/2013
27
2. Weakness in any critical area may be an open invitation to a union. 3. All aspects of an organizations operation are involved in maintaining its union-free status.
6/12/2013 Prepared by: Dr. Parwazalam Abdul Rauf 29
Remaining Union-free
Government influence
30