Malaysian Trades Union Congress

Oct 2012

MTUC mengucapkan selamat menyambut Deepavali kepada semua kesatuan gabungan dan pemimpin kesatuan yang beragama Hindu
Upcoming Courses: MTUC Johor 7 & 8 Nov, PERKESO/MTUC MTUC Selangor 7 & 8 Nov, Cadangan Pindaan Akta

SKIM-SKIM PERLINDUNGAN PERKESO

a) Skim Insurans Bencana Pekerjaan : Skim Insurans Bencana Pekerjaan memberi perlindungan kepada para pekerja daripada bencana pekerjaan termasuk penyakit khidmat dan kemalangan semasa perjalanan berkaitan pekerjaan. b) Skim Pencen Ilat: Skim Pencen Ilat pula memberi perlindungan 24 jam kepada pekerja terhadap keilatan atau kematian akibat sebarang sebab. Objektif kedua-dua skim keselamatan sosial ini adalah untuk menjamin pembayaran faedah tunai kepada pekerja dan orang tanggungannya apabila berlaku kejadian luar jangka menimpa pekerja berkenaan. Faedah Pencen Penakat: Pencen ini dibayar kepada orang-orang tanggungan pekerja yang mati akibat sebarang sebab yang tidak berkaitan dengan pekerjaan dalam mana-mana keadaan berikut: Semasa seorang pekerja menerima Pencen Ilat tidak kira berapa pun umurnya; atau

Sebelum mencapai 55 tahun tetapi telah memenuhi syarat kelayakan caruman penuh atau syarat kelayakan caruman yang dikurangkan. Syarat Kelayakan Caruman Kelayakan caruman penuh atau caruman yang dikurangkan bagi tuntutan faedah pencen penakat adalah sama dengan syarat kelayakan caruman bagi pencen ilat.
Abdul Halim Mansor, Setiausaha Agung

Oct 2012 MTUC

ACFTU / ILO-ACTRAV Seminar on Emerging Trends in Collective Bargaining In Times of Crisis

(24 26 September 2012) Beijing, China
The ACFTU / ILO- ACTRAV Seminar on Emerging Trends in Collective Bargaining In times of Crisis was held in Beijing, China .Thirty-six participants from eighteen countries

in the Asia Pacific region met to share experiences and emerging trends in collective bargaining during times of crisis. Objectives The Asia and the Pacific has the lowest rate of ratification of ILO Conventions No.87 and No.98. There were comparatively low rates of unionization in many countries in the region and restrictions on the right to collective bargaining, in particular, in the public sector. The crisis has further impacted on policies and practices with a general rollback in support for collective bargaining.

The objectives of the seminar were to share experience and knowledge of emerging trends in collective bargaining practices during times of crisis. General discussion of challenges:
General discussion and presentations highlighted many of the challenges that trade unions experienced. It was clear that the Collective Bargaining Agreements (CBAs) were expanding to address changes of employment relations, the negotiation of flexible work hours, employment security, regularization of precarious work, social security, concession bargaining in times of crisis. A number of challenges were highlighted in the course of the discussions: The crisis had been used as a tool for further flexibilization of employment. Many highlighted a limitation of the scope of issues that could be the subject of collective bargaining and changes restricting trade union activities. The legislation also explicitly excludes specific groups of workers from collective bargaining. Thresholds of forming trade union are restrictive. At an enterprise level in Korea, only registered trade unions had the right to bargaining. Similarly, unions experienced difficulties in gaining recognition of trade union as collective bargaining agents. There had been remarkable economic growth in a number of countries but the question of fair redistribution remained. Collective bargaining assists in fair distribution. In respect of precarious and insecure forms of work, most commented on the rise in the region and the difficulty on the one hand in defining the employee on the one hand and the employer on the other. Fixed-term employment made it difficult to organize these workers.

Multiplicity of trade unions was also a cause resulting in the fragmentation of labour movement. Insufficient information proved to be a challenge in trying to negotiate with companies. Rising income inequality between a declining wage share and a dramatic rise in the corporate executives pay is a cause for concern. Public sector workers facing budget cuts are the main target for restructuring and deregulation. Lack of legal enforcement of terms of collective agreements and recourse to unfair dismissals (can take 1-2 years). Severe organizing challenges in MNEs. Negative attitude of employers. The crisis must be used as an opportunity but not as a setback. ______________________________________________ The following issues highlighted for action: Ensure the ratification and implementation of International Labour Standards. Focus on definition of a worker so as many workers have access to protection. National level programmes for promotion of collective bargaining and for employers to respect it Effective obligation on employers to bargain. Include legal provisions that support unions to seek relevant information from employers including their organization when engaged in bargaining. Ensure effective implementation and protection of the right to organize and the right to strike, including solidarity action. Freedom to bargain on all matters including wages working hours, union security, employment security, and workplace safety. Collective bargaining at the national, sectoral and / or enterprise level as appropriate. Appropriate dispute settlement mechanisms including courts and the right to strike A priority in capacity building amongst unions and this should be the focus of work by ILO, ACTRAV, by national centres, GUFs and ITUC. Governments need to ensure that both governments and employers respect rights and help to remedy gaps in law. Information needs to be made available on the company structures. Unions should focus on issues relating to the role of MNE corporations and supply chains, denial of rights in the public sector, solidarity and support between civil society and trade unions. (continue next month)
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Oct 2012 MTUC

Shah Alam: 70 Nepali workers get the sack

However the wage of Nepalese laborers was limited to RM21. Thapa said, We are working at same place. They are foreigners and we are too. Why is the an increment to their wages but not ours? Therefore we united and started to protest since October 8, 2012. The Nepal embassy in Malaysia made an attempt to verify the problems faced by the Nepali labourers on October 10, 2012. A furniture company in Kampong Subang Shah Alam allegedly dismissed 70 Nepali laborers for demanding an increase in wages.15 laborers have been made to return Nepal on Thursday and 15 others will be returning on 19 Oct. The officials of the embassy explained that those workers from Bangladesh and Myanmar were working there for long period of time.

It was found that the wages of Nepalese working for the same duration as the Bangladeshi and Myanmar workThe furniture company claimed that the remaining 40 ers too were increased. Also, upon recommendation of laborers will also be sent home to Nepal within the next their supervisor, other increases were made. few days. The contract of most of the protesting workers were yet About hundred and fifty Nepalese laborers started a to expire. An official at the Nepal embassy in Malaysia strike citing reasons that the daily wages of foreign la- Amal Kiran Dhakal said that it is not practical or legal to borers working at the said company was increased from protest before the end of the contract tenure. RM21 to RM22 a day with the exception of Nepalese labourers. I tried to convince our workers that it is not right to protest now. The company itself will increase the wages However the company claims that only the wages of after the time come but they refused to listen. laborers working for more than 2 years were increased while the Nepalese labourers are yet to complete the 3- They are still protesting. It is not legal and practical, year working contract. said Dhakal recommending that the protesting labourers return to work. The company then decided to deport all Nepali labourers who were involved in the protest at their own exIf Nepali workers continue to protest company has right pense. Milan Thapa of Pyuthan a worker at the compa- to take the steps to deport them. We even cant help in ny claimed that the company only increased the wages the matter, he said. of laborers from Bangladesh and Myanmar from RM21 to RM22 a day. Source: CJMY, October 17, Malaysiakini

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Oct 2012 MTUC

Latihan dan Kursus MTUC

Kursus Kesedaran Keselamatan dan Kesihatan Sesi dialog bersama Presiden bersama wakil-wakil MTUC Pinang
telah diadakan di Hotel Ixora, Perai Jaya Pulau Pinang telah berlangsung pada 16-18 Oktober 2012.

Pelbagai isu kesatuan telah dibincangkan dan diperjelaskan oleh Presiden MTUC Sdra. Khalid Atan pada penghujung kursus.

MTUC Perak: Kursus Siasatan Dalaman 2012

MTUC Perak mengadakan kursus empat jam kepada AJK dan pegawai-pegawai yang dikendalikan oleh Sdra P.Poonusami (IRO) dan Sdra Redzuan (Timbalan Pengerusi MTUC Perak). Pelbagai isu telah diperbincangkan bagi memberi pendedahan kepada tren terkini dalam menangani cabaran-cabaran semasa kepada AJK.

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Oct 2012 MTUC

Sambutan Hari Wanita

Majlis Makan Malam NCWO Sempena Sambutan Hari Wanita 2012
NCWO telah mengadakan majlis sambutan Hari Wanita pada 22 Sept 2012, di Dewan Perdana Felda, Anjung Felda, Jalan Maktab, Kuala Lumpur. Tetamu kehormat pada majlis tersebut ialah Seri Paduka Baginda Raja Permaisuri Agong. Jawatankuasa wanita MTUC turut menyertai sambutan ini.

Pelbagai isu yang berhubungkait dengan peranan dan tanggungjawab wanita telah diutarakan.

MTUC/NCWO-Seminar Literasi UndangUndang Pencegah Jenayah: (Keselamatan Keluarga Tanggungjawab Kita)

Seminar sehari ini telah disertai oleh 80 peserta dari jawatankuasa wanita berlangsung di Wisma MTUC pada 30hb Sept 2012 Penceramah undangan Dato Yasmeen Shariff dan En. Kamal Affandi Hashim, Penganalisa Jenayah telah menyampaikan ceramah yang merangkumi tajuk-tajuk seperti berikut: Wanita dan Undang-Undang, Peranan Pihak Polis dalam Perlindungan Wanita, Keganasan Rumah Tangga, Undang-undang Syariah dan Hak Wanita dan sebagainya.

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Oct 2012 MTUC

PIKET RUM

," the group chanted, while also urging new KTMB president Elias Kadir to be given the chance to turn around Over 500 railway workers picketed at the Keretapi Tanah Melayu Bhd (KTMB) headquarters in Kuala Lum- the loss-making company. pur today to protest MMC Corp Bhd's bid to take over About 30 police the company. officers - some MMC Corp is controlled by business tycoon Syed Mokh- of whom were tar al-Bukhary, who also owns Seaport Terminal (Johor) uncharacteristically armed Sdn Bhd, which took over Penang Port. with combat shotguns - kept Besides this, Syed Mokhtar also controls the Port of close watch and helped to direct traffic until the protest Tanjung Pelepas and Johor Port as well as took over ended peacefully. Pos Malaysia via DRB Hicom. The group, led by Railwaymen's Union of Malaya (RUM) leaders, chanted slogans, sang songs, and In his speech, RUM president Abdul Razak Md Hassan held up banners for over an hour beginning 5.30pm, al- said MMCs takeover would threaten the workers welfare benefits in its cost-cutting measures, such as affordmost always under the blare of their air horns. able housing, bonuses, and medical care. "RUM strongly opposes MMC's attempt to take over Source: Malaysiakini. Photo : KS Tan, CJMY KTMB

Abdul Halim Mansor Setiausaha Agung MTUC

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Oct 2012 MTUC

'contractor for labour' and short term contracts

Justly, all workers should be regular employees - permanent employees until retirement, retrenchment, closure of employer's business, or maybe termination by reason of some misconduct at the workplace.
Workers' employment security is most important for the wellbeing of the worker, their families and dependents. Remember, where a worker finds employment determines where the spouse and family will live, where a home may be purchased, where the children will be sent to school, where community relationship and involvement are started. In modern Malaysia, most workers are also burdened with the obligation of monthly payments towards housing/car loans, etc...The problem with fixed-term contracts is that there is no needed security for workers that they will still be employed at the said workplace (or even be able to find subsequent employment in that vicinity/town/...) As fixed term contract periods end, the stress suffered is great... Of course, employers prefer short-term contracts for workers will be most docile, easily exploited and just too fearful to claim rights, join/form unions, etc.. In India, for example, there are laws that limit the kind of work for which the employer can use short-term employees and all other workers are regular employees (permanent employees)...Using outsourced workers supplied by third parties, without the factory/workplace owner becoming the employer is even more worse for workers...

Will Malaysian workers also escalate their struggle for the worker rights....they may unless this Malaysian government starts to take worker rights and welfare as being more important... More Than 2 Million Workers Strike in Indonesia There are many cases where employees can work for five years without being given any proper rights, said Widyantoro Setya Purwandaru, a 32-year-old quality assurance clerk, as he picketed the Yamaha piano factory in Pulo Gadung, East Jakarta, along with hundreds of his colleagues. The government must do something about this because the gap between the rich and poor is getting wider and this will create social jealousy. Although Indonesias economy, south-east Asias biggest, has grown rapidly over the last decade, social inequality has also risen. Meanwhile, trade unions have become increasingly combative, threatening to undermine attempts by the government to turn Indonesia into a key regional manufacturing hub. There have been dozens of major strikes this

year, including a number where workers on full-time contracts have been taken hostage by those employed on less favourable terms, demanding better pay and conditions. Indonesia already has some of the toughest labour regulations in Asia but they are not implemented uniformly. This has left trade unionists unhappy with the way many workers are treated, while companies are reluctant to hire new workers because of the difficulties they face when trying to terminate contracts. The rigidity of Indonesias labour law has harmed job creation, according to a recent report by the Organisation for Economic Co-operation and Development, with around 60 per cent of the countrys workforce still employed informally. Andrew White, the managing director of the American chamber of commerce in Indonesia, said that many employers feel the labour law is counterproductive. Although the intention of the law is to create solid jobs, companies are reluctant to hire because they realise that it is very difficult to terminate a contract, even if you have a legitimate cause, he said. To circumvent the rigid law, many companies in need of a flexible workforce have turned to labour outsourcing companies, agencies that provide workers on temporary contracts. However, trade unionists say this practice is often used in an exploitative and illegal manner, depriving workers of benefits such as pensions, social security and other basic labour rights. Outsourced workers get nothing, said Ridwan Pandjaitan, a shop steward for the United Federation of Indonesian Metalworkers at a Mitsubishi car factory in east Jakarta. Too many companies dont want to take on permanent employees because they have to pay pensions and give workers other rights. Keith Loveard, who advises foreign investors on security and political risk issues in Indonesia, said that strikes are becoming more frequent and that tensions between trade unions and employers are likely to grow in the run-up to the 2014 national elections as politicians play the populist card. Financial Times, 3/10/2012, Indonesian national strike shuts factories. Charles Hector Oct, 4th 2012
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Oct 2012 MTUC

Current issues

Adakah mereka perlu berkesatuan? Patutkah pekerja asing dibawa melalui G to G? atau ejen? Dimanakah silapnya? Siapakah yang bertanggungjawab?

Wisma MTUC 10-5, Jalan USJ 9/5T, 47620 Subang Jaya, Selangor. Tel: 03-80242953 Fax:03-80243225 website : www.mtuc.org.my; email:mtuc@tm.net.my / sgmtuc@tm.net.my Disediakan oleh: R.Rajeswari, Setiausaha Penyelidikan, disemak: Sdra. Abdul Halim Mansor, Setiausaha Agung