Tuesday, November 24, 2015

New operator MAB must recognise unions (Malaysiakini)

New operator MAB must recognise unions

Charles Hector, Mohd Roszeli Majid & Pranom Somwong, on behalf of 62 unions and groups     Published     Updated     0

We, the 62 undersigned trade unions, civil society organisations and groups are shocked that Malaysian government-owned Malaysian Airline Berhad (MAB), the company that took over Malaysian Airlines, chose to ignore the application for recognition by the National Union of Flight Attendants Malaysia (Nufam).

In Malaysia, before a union can proceed to negotiate and enter into a collective bargaining agreement (CBA), the employer needs to recognise the said trade union. MAB’s failure to immediately recognise Nufam reflects badly on Malaysia who has the duty to respect worker rights especially the freedom of association, which is also a right enshrined in the Malaysian federal constitution.

In accordance to the existing law, Nufam applied to MAB for recognition vide a letter dated Sept 11, 2015.
Section 9(3) Industrial Relations Act 1967 states that, ‘...An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim - (a) accord recognition; or (b) if recognition is not accorded, notify the trade union of workmen concerned in writing the grounds for not according recognition...’

MAB did not even have the courtesy of replying to Nufam within the stipulated 21 days, which can be considered conduct unbecoming especially of a Malaysian government-owned company.

As required by law, vide letter delivered on Oct 6, 2015, Nufam then reported the matter in writing to the director-general for Industrial Relations to take such steps or make such enquiries to ascertain the “... the competence of the trade union of workmen concerned to represent any workmen or class of workmen...” in MAB, and to determine “...by way of secret ballot, the percentage of the workmen or class of workmen, in respect of whom recognition is being sought, who are members of the trade union of workmen making the claim.

“The result of the secret ballot must demonstrate that more than 50 percent of the qualified employees are for the union, whereby those that never had the opportunity to vote are taken as being against the union.”

More than 40 days has lapsed, and the DG for Industrial Relations has not yet responded to Nufam. Given that many employees are hired as fixed-term contract employees, speedy efficient action is required by the authorities. Delay prejudices workers.

Even when unions in Malaysia are successful in demonstrating that they have the support of more than 50 percent of all qualified employees in a secret ballot, and the minister decides that recognition is to be accorded by the employer, some employers are challenging this decision in court and as a result rights that come with recognition is put on hold for many years to the detriment of workers and their union.

When the Malaysian Airlines was previously operated by Malaysian Airlines Systems Berhad (MAS Bhd), Nufam succeeded at the secret ballot and the minister decided that Nufam is recognised by MAS Bhd. 

Unfortunately, MAS Bhd commenced a judicial review action in court challenging the minister’s decision, and this case is still pending.

Union busting - creating a new legal entity

Private sector companies have been known to in the past form a new separate legal entity, and then transfer assets and business from the existing company to this new entity, thereby killing existing unions - forcing workers to start all over again to form, register and get recognition of unions in the new entity. This strategy is also used to get rid of worker leaders and workers brave enough to fight exploitation.

It is disappointing that the Malaysian government is using a similar ‘union busting’ strategy for government owned and/or government-linked companies (GLCs).

Malaysian Airlines Systems Berhad (MAS Bhd) was the company running the Malaysian Airlines with about 20,000 employees. What was done was that MAS Bhd apparently transferred their assets and the airline business to a newly created separate legal entity, Malaysian Airlines Berhad (MAB), and terminated about 20,000 MAS Bhd Employees.

MAB, the new company that took over the Malaysian Airlines, employed new employees, amongst them some 14,000 ex-MAS Bhd employees. All the in-house trade unions that existed in MAS Bhd were effectively killed.

Now, MAB is free of trade unions.

Nufam may be the first union that is seeking recognition from MAB - whereby recognition is needed to better represent their worker members in MAB and to enter into a collective bargaining agreement.

Moratorium on all court action involving MAS Bhd

To make matters worse, Malaysia passed a new law - Malaysian Airline System Berhad (Administration) Act 2015, which amongst others, effectively prevented speedy access to justice through the courts. A moratorium was put in place preventing court actions involving MAS Bhd from proceedings. When the moratorium is finally lifted, it would likely be too late. Justice delayed is justice denied.

Malaysian gov’t owns the old and new company

The Malaysian government, vide its strategic investment fund Khazanah Nasional, owns both MAS Bhd and this new MAB. Hence, it is the current Barisan Nasional government under Prime Minister Najib Abdul Razak that is now possibly guilty of union busting. The denial of speedy recognition of Nufam and possibly other unions by the new Malaysian Airline Berhad (MAB) can be said to be anti-worker and anti-trade union conduct.

Malaysian trade union laws are oppressive and anti-worker.

  • The Immediate recognition by Malaysian Airline Berhad (MAB), a Malaysian owned company, of National Union of Flight Attendants Malaysia (Nufam);
  • The Malaysian government to ensure that all government owned and/or government-linked companies(GLCs) set the highest standards when it comes to respecting worker and trade union rights in Malaysia;
  • That Malaysia immediately ratifies ILO Convention No 87 Freedom of Association and Protection of the Right to Organise Convention, 1948, which is one of eight fundamental core conventions;
  • That Malaysia immediately amend and/or repeal trade union laws that are not compliant with international standards especially freedom of association.
For and on behalf the 62 organisations, trade unions and groups listed below

Asia Monitor Resource Centre (AMRC)
Association of Maybank Executives
BPSLU (Batangas Pier Stevedores and Dockworkers Labor Union), Philippines
Center for Trade Union and Human Rights (CTUHR), Philippines
Centro De Reflexión Y Acción Laboral (CEREAL), México
Clean Clothes Campaign (CCC)
Committee for Asian Women (CAW)
CBBRC (Crispin B Beltran Resource Center), Philippines
Daeduck Employees Union-Ind, Philippines
Eagle Ridge Employees Union, Philippines
Electronic Industry Employees Union (EIEU) Southern Region, Peninsular Malaysia
GoodElectronics Network
Hyesung Workers Union-Ind, Philippines
IDEAL (Institute for Development of Alternative Living)
Institut Rakyat
Inverclyde Advice and Employment Rights Centre, Scotland
Jaringan Kampung Orang Asli Semenanjung Malaysia /JKOASM
Jaringan Orang Asal SeMalaysia
Jawatankuasa Bertindak Kuala Lumpur Tak Nak Insinerator
Kalikasan People's Network for the Environment, Philippines
Kesatuan Eksekutif AIROD
Kesatuan Eksekutif Canon Opto
Kesatuan Pekerja-Pekerja Mitsui Copper Foil (MCFEU)
Knowledge and Rights with Young people through Safer Spaces (KRYSS)
LINTAS NUSA - Batam Indonesia
Madpet (Malaysians Against Death Penalty and Torture)
Malaysian Youth and Students' Democratic Movement (Dema)
Malaysia Physicians for Social Responsibility
MAP Foundation for the Health and Knowledge of Ethnic Labour, Thailand
Migrant CARE
Myanmar Migrants Rights Centre
Nagkakaisang Manggagawa ng Keyrin Electronics-Ind, Philippines
NAMM (Network of Action for Migrants in Malaysia)
National Union Employees in Companies Manufacturing Rubber Products (NUECMRP)
National Union of Flight Attendants Malaysia (Nufam)
National Union of Journalist (NUJ) Cawangan Utusan Melayu
National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)
North South Initiative
Paper Products Manufacturing Employees’ Union of Malaysia (PPMEU)
Parti Rakyat Malaysia (PRM)
Pax Romana ICMICA
People & Planet
Perak Women for Women Society
Permas (Persatuan Masyarakat Selangor & Wilayah Persekutuan)
Persatuan Kesedaran Komuniti Selangor (Empower)
Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur
Persatuan Sahabat Wanita Selangor (PSWS)
Projek Dialog, Malaysia
Sahabat Rakyat
Samahan ng mga Manggagawa sa Eagle Ridge Golf Course and Residential Estate, Philippines
Save Rivers
Sawo (Sabah Women's Action Resource Group)
Selangor and KL Hokkien Association Youth Section
Solidarity of Cavite Workers, Philippines
Tenaga Nasional Junior Officers Union (TNBJOU)
The Alternative Asean Network on Burma (Altsean-Burma)
Workers Assistance Center, Inc (WAC) , Philippines
WH4C (Workers Hub For Change)
Yayasan Chow Kit
Yayasan Lintas Nusa - Batam Indonesia

SOSMA, Khairuddin and Chang , BAIL RM10,000

Security Offences (Special Measures) Act 2012 - well, this Act provides for 'special measures' that could be used when it comes to cases where persons are being arrested, detained or tried under certain 'Security Offences".

So what are these "Security Offences"? Well, SOSMA in one of its Schedules sets out a list of these offences which are really offences under the Penal Code, and other Acts.

Does that mean that any time a person is arrested or charged under the 'listed Security Offences', SOSMA automatically comes into play? 

Who decides when SOSMA measures could be used? The police...the public prosecutor...{Maybe an order of a High Court Judge should be obtained first...}

'Special Measures'  in SOSMA - use all or just use what is really needed? With ESCAR[Essential Security Cases Regulations] in the past, from my experience, the prosecution only used  the 'measures' that were justifiably needed - preferring rather to use the more just normal procedures at other times...What about SOSMA? 

BAIL - should that ever be denied? Remember, bail is also available for people charged with murder in some cases. It is wrong for Parliament through a Law to deny bail - this is something which must be left to the judges. Noting also that a person is presumed innocent until proven guilty.

Bail - can always come with conditions, including restrictions of travel. Bail to be granted or not should be left to the discretion of the court. The object of BAIL is one - that is to ensure that the accused turns up in court on the day of his/her case. 

Of course, today it seems that some judges are confused - and see Bail as a means to 'PUNISH' - so we have very high bail sums being set... For the rich not a problem - but for the poor, it is a problem > it may mean the family being more indebted, houses/land sold off, etc.. [In a country, where the minimum wage is RM900, Bail should be no more than 2 times a person's monthly income or less for the poor. Bail money gets stuck in court...and remember the accused also needs monies for his/her defence... so, setting a high bail also means affecting one's right of defence.

The section that deals with Bail is SOSMA is a joke - Why is special preference given with regard to bail to women, young persons, and the 'sick''?

The use of the word 'shall' also makes it mandatory - better is the word 'will' , and maybe more conditions be placed for when bail may not be granted - not merely 'charged with a security offence'. This recent SOSMA case highlights just this problem...Surely someone who just made a lot of police reports do not deserve to be denied bail....compared maybe to some other who had bombed or shot many people...

(1) Bail shall not be granted to a person who has been charged with a security offence.
(2) Notwithstanding subsection (1)-
(a) a person below the age of eighteen years;
(b) a woman; or
(c) a sick or an infirm person,
charged with a security offence, other than an offence under Chapter VIA of the Penal Code [Act 574] and the Special Measures Against Terrorism in Foreign Countries Act 2015 [Act 770], may be released on bail subject to an application by the Public Prosecutor that the person be attached with an electronic monitoring device in accordance with the Criminal Procedure Code.
Reporters and the media can sometimes confuse us. What does the heading 'Khairuddin and Chang cannot be charged under Sosma...' mean? 

We really must wait for the written judgment of this case to understand what really happened

November 18, 2015 MYT 9:36:08 PM

Khairuddin and Chang cannot be charged under Sosma, given bail

KUALA LUMPUR: The High Court has ruled that Datuk Seri Khairuddin Abu Hassan and his lawyer Matthias Chang cannot be charged under the Security Offences (Special Measures) Act 2012 over alleged sabotage of financial services.

They were also granted bail of RM10,000 each but ordered them to surrender their passports.

Following this decision, Justice Mohd Azman Husin ordered the case to be transferred back to the Sessions Court for trial.

Attorney General Tan Sri Mohamed Apandi Ali said he would appeal the ruling in the Court of Appeal.
Chang and Khairuddin, the former Batu Kawan Umno division vice-chairman were charged on Oct 12 with attempting to sabotage Malaysia's banking and financial services in several places overseas.

Magistrate Siti Radziah Kamarudin had on Oct 23 transferred the matter to the High Court.
Khairuddin and Chang allegedly committed the offence at five locations from June 28 to Aug 26, this year.

Both face a maximum of 15 years' jail under Section 124L of the Penal Code (Act 547) read together with Section 34 of the same Act upon conviction.

The locations are the office of the France Economic and Financial Crimes Division chief in Paris; Charing Cross Police station, London, United Kingdom; office of the Switzerland Attorney General in Bern; WaiChan Police station, Hongkong and Cantonment Police Headquarters, Singapore.

On Nov 3, the Federal Court ordered the High Court to decide if Chang and Khairuddin could be tried under Sosma.-[ Star, 18/11/2015


OPPRESSIVE LAWS: Repeal SOSMA & offences criminalizing activities ‘detrimental' democracy’ - MADPET (Malaysia Chronicle)

Sosma cannot bypass normal procedures, safeguards, rights (FMT News)

Suhakam/National Human Rights Commission:-: Don't use Sosma to stifle political expression

Friday, November 20, 2015

Thanks to Husam, PAS clarifies doubts about PAS-UMNO relationship? But not over yet...

Thanks to Husam Musa, Hadi Awang has clarified that PAS's stance is that it will not be joining Barisan Nasional. 

There were doubts or 'rumours' , even before Husam raised this concerns, that PAS may be having plans to form some sort of unity government with UMNO in Selangor and elsewhere. Well, the matter has been clarified, and Hadi says PAS will never join BN.

But the question remains, whether there were indeed 'meetings' with UMNO personalities - this was not specifically denied. 

Meetings could have been held to discuss matters even with UMNO - and that, I believe, is not wrong for so long as there was no plans or agreement. A political party has many members - and different members will have different views on different subjects. 

The democratic party's current position will be what the majority of members' position is. This is sometime made stone certain and binding by means of a Resolution passed at the General Meeting of the party. 

The UMNO/BN understanding may be very different

In a less democratic group, this may be happening. There, after the membership elects the leaders - the leaders(or just one leader) decide on what the party's position. Members will not be consulted - let alone be involved in the decision making. This may be OK for matters where the party already has a position - but may not be OK for new matters.

A decision like whether PAS should form a join-government with UMNO > Well, this will be a matter that needs to definitely go back to the membership for their approval. Neither the President or even the currently elected highest leadership can make any such decision.

Now, being President or office bearer - more care needs to be exercised as anything that they do or say can easily be taken as the position of the political party. So, even if Hadi Awang in his 'own time' or personal capacity had anything to do with arranging a meeting or attending a meeting discussing possible forming of a 'coalition government with UMNO', it is bad even though Hadi or the said office bearers really never had any such intention of following through with that idea. Here is where transparency and accountability is important > and Husam Musa may have done something very good for PAS...and also all those of us who want an alternative to the UMNO-BN government. Hadi's clarification of the PAS position certainly settles a lot of rumours and doubts..

Should Husam have just raised it through the 'proper channel'(a phrase commonly used by our PM and the BN).

Well what is the proper channel? 
# The President of the Party > well, the allegation/issue concerns him - so very difficult
# The Office Bearers - same problem maybe
# The members of PAS - well, he would not have access to ALL the members, would he - more so since he was no more an Office Bearer..

'People are the Boss' - right, and in any organization, the membership are the BOSS.  

But, since this is issue is so fundamental to the Opposition Coalition/Government > it becomes a concern to every Malaysian, remembering that more that 50% of the people who voted in the last General Elections voted against the BN.

Could he have not waited for the General Meeting? No - best to highlight a possible wrong NOW - to delay highlighting would also make you guilty of indirectly allowing a wrong to go on... and the party will suffer most. Like an disease outbreak, it is best always to tackle it immediately - best even before it affects people...

Now, that some issues of possible wrongdoings have been highlighted, what will PAS do? 

Rightly, they need to first consider whether is amounts to a wrongdoing or not? If yes, then naturally an investigation need to be commenced? 

OR will the PAS, behave like our BN government, and target the 'whistle-blower' ? We shall see...we shall see..

* More matters have arisen since this reports - and I hope to deal with it in my future posts..

Sunday November 15, 2015 MYT 10:29:59 PM

Abdul Hadi: PAS’ stand is clear - it will never join Barisan

SHAH ALAM: PAS will never join Barisan Nasional, reiterates Datuk Seri Abdul Hadi Awang (pic).

The PAS president said although there was a cooperation between the parties during the 70s, it will never happen again.

''PAS will never join Barisan. Our stance is firm and clear.

''But we will still work with them in tackling national and development issues.

''We want to be the Opposition party that advises the Government,'' he said when met after attending a PAS hi-tea convention here Sunday.

Asked if former PAS vice-president Datuk Husam Musa's allegation that Abdul Hadi ‎wanted to form a unity government with Umno during the Selangor mentri besar crisis last year was true, Abdul Hadi said it was not. ''No such thing. He (Husam) was in Kelantan. He was not involved, how will he know?''

Asked if PAS offered several PKR assemblymen to join PAS in order to form a unity government in Selangor, Abdul Hadi denied it.

''Did you see it happened? If not, ‎then there was no such thing,'' he said.

Abdul Hadi also noted that such allegations were ketinggalan zaman (outdated) as these were old issues during the 70s.

''‎Unity government did not mean (cooperation) with Barisan alone but it involved all parties.

''There was an attempt in 2008 but many did not agree, so it did not work,'' he said.

Asked on Husam's statement that he was willing to swear to divorce his wife to prove that his claim about the PAS-Umno unity government was true, Abdul Hadi merely responded ''let him be''.

''If (Husam thinks that) what he said was right and we were lying, please swear,'' he added.

Abdul Hadi also said that the Islamist party's central leadership was waiting for a report from Kelantan PAS whether to allow disciplinary action to be taken against Husam ‎for his critical stance against the state government.

''Any action has to be based on report of the central leadership.

''We do not rely on Facebook or any baseless report,'' he said during a question-and-answer session, adding that disciplinary actions could be in a form of termination, suspension, duty discharge or counselling. - Star, 15/11/2015

PAS faces a new dilemma in Husam Musa

After some of its leaders left PAS to form Parti Amanah Negara, the Islamist party is facing another dilemma as one of its most influential persoanlities, Datuk Husam Musa, is attacking it from within. – The Malaysian Insider filepic, November 15, 2015..After some of its leaders left PAS to form Parti Amanah Negara, the Islamist party is facing another dilemma as one of its most influential persoanlities, Datuk Husam Musa, is attacking it from within. – The Malaysian Insider filepic, November 15, 2015.. 
After some of its more well-known leaders left PAS to form Parti Amanah Negara (Amanah), the Islamist party is now facing another dilemma as one of its most influential persoanlities, Datuk Husam Musa, is attacking it from within.

Known as the “harumanis phenomenon”, PAS’ leadership is seeing some of its more iconic members speaking up against the party from within.

Aside from Husam, another “harumanis” leader who is making waves is Pokok Sena MP Datuk Mahfuz Omar.

Husam’s one-man dialogue session in Kota Bharu on Friday night managed to attract about 10,000 viewers. 
Half of them packed the small Kelab Suara Muda hall, while others watched the session streamed live on Youtube. “The stream was gridlocked,” said political analyst Mohamad Hisomudin Bakar of the Ilham Centre when asked about the reception towards the event.
Hisomudin, who also watched the event on Youtube, said the phenomenon has a huge impact on PAS which is still reeling from the exodus of its leaders and members to Amanah.
For Husam, it was as if the former Kelantan senior state executive council member had risen from his sickbed after a seven-month illness that paralysed one side of his face.
“In fact right now, I still have not fully recuperated,” said Husam, a one-time PAS vice-president who disappeared from public view since May due to his illness, on Friday.
Husam was clearly emotional as he talked about how he had been slandered by his fellow party members and why he had to speak up now against the party’s decisions.
Comments on social media on the event showed that many supported him.
“PAS members, especially in Kelantan, look more sympathetic towards Husam compared to other PAS leaders in Kelantan,” said veteran PAS commentator A. Shukur Harun on Friday's dialogue session.
The PAS central committee, meanwhile, has called on Husam to explain his comments before any decision is made concerning the latter’s future in PAS.
“This is the party’s way – we are ready to listen,” said PAS deputy president Datuk Tuan Ibrahim Tuan Man, at a press conference after the CEC meeting yesterday.
In the dialogue session, Husam stressed that he would remain in PAS despite disagreeing with its leadership and the party’s management of the Kelantan government.
Husam borrowed the words of Brutus, a character from the Shakespearean play Julius Caesar when asked why he openly attacked the party’s president Datuk Seri Abdul Hadi Awang.
“I love the party and the struggle more than I love the president.”
Yet Husam also told a story of his dedication to Hadi, when he and three other party leaders flew to Turkey last year when the president was taken ill in Istanbul while on a working visit.
Husam and the PAS leaders who made the trip only managed to see Hadi for three to four minutes, but the visit he said, calmed their fears.
When asked why he had not joined Amanah, which was filled with his friends from PAS, Husam likened the situation to that of the giant, tragic cruise ship, the Titanic.
Like all big ships, Husam said, the Titanic had smaller lifeboats to evacuate its passengers if it sank.
“Many of my friends have left this big ship for these lifeboats, but I am steadfastly remaining on it because it has not sunk yet,” said Husam. – November 15, 2015.

November 16, 2015 MYT 5:28:35 PM

Mustafa Ali tells Husam to stop false claim of unity govt

KUALA TERENGGANU: Datuk Mustafa Ali has chided former PAS vice-president Datuk Husam Musa (pic) for not telling the truth about PAS and Umno working together for a unity government.

He said, however, he knew of a meeting between PAS leaders and former Prime Minister Tun Abdullah Ahmad Badawi several days after the 2008 general election.

He said the PAS leaders involved were Khalid Samad, Nasarudin Mat Isa and himself ( Mustafa Ali) from PAS while Umno's representatives were Abdullah and former Selangor Mentri Besar Datuk Seri Dr Khir Toyo.

Mustafa, who is PAS election committee chairman, said Husam's claims that a meeting, attended by PAS president Datuk Seri Abdul Hadi Awang, to discuss on PAS forming a unity government with Umno was not true.

"It is totally false that Husam had claimed that Hadi had invited current Selangor Mentri Besar Azmin Ali to join PAS," he told a press conference at the state PAS office here.

"I am seriously not sure where Husam got his facts from but such allegations made by him are totally untrue," he said.

In his article in a Sinar Harian recently, Husam claimed that a meeting was held by Hadi, Khalid and himself at a hotel to discuss a unity government with Barisan Nasional.

"Being a close friend to Husam, I believe that it is time for me to advice my friend to stop all the lies. It's my humble request for him to comeback to the right path," Mustafa said.- Star, 16/11/2015

Hadi denies plan to form government with BN during Selangor MB crisis

Datuk Seri Abdul Hadi Awang reiterateds PAS' stand that the Islamist party will never join Barisan Nasional. – The Malaysian Insider pic by Seth Akmal, November 15, 2015.Datuk Seri Abdul Hadi Awang reiterateds PAS' stand that the Islamist party will never join Barisan Nasional. – The Malaysian Insider pic by Seth Akmal, November 15, 2015. 
Datuk Seri Abdul Hadi Awang today reiterated PAS' stand that the Islamist party will never join Barisan Nasional.

Denying claims by former party vice-president Datuk Husam Musa that he wanted to form a unity government with Umno during the Selangor menteri besar crisis last year, the PAS president said such was an outdated notion.

He said attempts to form such cooperation was an issue during the 70s and it will never happen again.

"He is outdated in his thinking. That was the issue in the 70s. Unity government does not mean joining BN." 
Hadi said that there was no attempt to form unity government last year, but instead in 2008 on the federal level.

“We tried to work on a unity government in 2008, but because many parties did not agree to it, it did not happen,” he said.

On Husam's latest statement saying he was prepared to take an oath to divorce his wife should he be proven wrong, Hadi challenged the Salor assemblyman to do so.

"Let him take the oath. Let him take it. If he thinks he is right and we are the ones lying, he is free to utter the oath,” Hadi told a press conference in Shah Alam today.

Stressing that an unity government with BN will not be repeated, he said cooperation with the ruling coalition will only involve tackling national and development issues.

"PAS will not join BN, but there will be cooperation. Cooperation is a normal thing. (But) We are not bound by it," he said.

He said cooperation will happen in the event of a foreign invasion, in terms of dealing with crime, drugs and issues on refugees from Rohingya, Palestine and Bosnia.

As for Husam's status in the party, Hadi said the party will leave the matter to the Kelantan PAS to decide if disciplinary action will be taken against Husam. – November 15, 2015.

MAB delays recognition for flight attendants union(FMT)

See earlier posts:-

64 Kumpulan :- MAB Milik Kerajaan, Operator Baru Malaysian Airlines, Harus Mengiktiraf Kesatuan Sekerja Dan Tidak Menafikan Kebebasan Berpersatuan (Freedom Of Association)

64 Groups :- Government-Owned MAB, the new Malaysian Airlines Operator, Must Recognize Unions and Not Deny Freedom of Association.

MAB delays recognition for flight attendants union

FMT Reporters
November 19, 2015 
Group of 62 calls on MAB to accept union and not deny freedom of association

KUALA LUMPUR: A group of 62 trade unions and civil society organisations including Aliran, Kesatuan Eksekutif Airod and the National Union of Flight Attendants Malaysia (NUFAM) have expressed disappointment that Malaysian government-owned Malaysia Airlines Berhad (MAB), the company that took over Malaysian Airlines System Berhad (MAS), has ignored the application for recognition by NUFAM.

“In Malaysia, before a Union can proceed to negotiate and enter into a Collective Bargaining Agreement (CBA), the employer needs to recognise the said Trade Union,” the group said in a statement.

“MAB’s failure to immediately recognise NUFAM reflects badly on Malaysia which has the duty to respect worker rights especially the freedom of association, which is also a right enshrined in the Malaysian Federal Constitution,” the group said.

NUFAM applied to MAB for recognition in September but they failed to respond within the 21 days stipulated time frame.

Quoting the Industrial Relations Act 1967, the group said: “It states that, ‘…An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim: (a) accord recognition; or (b) if recognition is not accorded, notify the trade union of workmen concerned in writing the grounds for not according recognition.

“MAB did not even have courtesy of replying to NUFAM within the stipulated 21 days, which can be considered conduct unbecoming especially of a Malaysian government-owned company.”

NUFAM then reported the matter in writing to the Director-General (DG) for Industrial Relations to take action, however, over 40 days later the DG for Industrial Relations has not responded to NUFAM.

The group says considering that many employees are hired as fixed-term contract employees, speedy and efficient action is required. Delay prejudices workers. - FMT News, 19/11/2015