Course HUMAN RESOURCE MANAGEMENT

Code DPB 50123

Assessment CASE STUDY 1
CLO 2
Illustrate the procedures, methods and processes in
managing human resource.

Charles Hector
Published: Nov 16, 2017 11:17 AM
⋅

Editor's note: This is part one of a series on the Malaysian

labour movement.

FEATURE | In Malaysia, the trade union movement seems to

be weakening, with the number of unions and unionised
workers steadily decreasing.

According to the Trade Union Affairs Department, only

875,193, or six percent, of the 14.5 million workers in the
country, are currently union members. Union membership
in the private sector also shows a marked decrease,
dropping from 433,702 in 2009 to 359,206 in 2017.

Traditionally, trade unions have been controlled by laws,

first imposed by the British colonial administration. This
practice was continued post-independence by their
successors, the Umno-led BN.

CLO2 : Illustrate the procedures, methods and processes in managing human resource.
 Malaysian trade union and labour laws fall far short of
minimum international standards.

Even when Malaysia wanted to be part of the Trans-Pacific

Partnership agreement (TPPA) – itself perceived to be a
threat to labour rights – one of the preconditions was that
Malaysia should make significant amendments to its
labour laws to bring it up to par with minimum human
rights and worker rights standards.

CLO2 : Illustrate the procedures, methods and processes in managing human resource.
 Although the government promised to implement some of
the provisions of the TPPA despite the deal falling through,
no amendments have been made to labour laws.

When there are violations of worker or trade union rights,

many Malaysian unions still do not choose to struggle
through pickets, strikes or campaigns against employers.

Instead, they choose to lodge complaints with relevant

government institutions, which leads to court actions, and
possibly the appeal process, which can last for many
years.

Even when workers and unions do win, the remedies are

weak, having no real impact on employers nor
instrumental in bringing about legislative changes.
Employers are very happy with the state of affairs, for this
method of industrial dispute resolution does not really
impact its business and profits. The only victims are
workers and unions.

Surviving within a limited space

What has happened to the trade union movement is an

acceptance of the limitations imposed on them by
authorities, and a choice of surviving within that limited
space with a strong adherence to the law, even if that law
is unjust.

There is also very little effort to reach out to the Malaysian

public or even elected representatives for help in the fight
for justice.

Since 1998, Malaysians generally have become braver, and

have started coming out in much larger numbers in
peaceful assemblies to protest wrongdoings and demand

CLO2 : Illustrate the procedures, methods and processes in managing human resource.
 changes. But alas, this has not moved the trade union
movement or workers to do the same, despite the
continued erosion of worker and trade union rights.

The absence of a progressive and dynamic new breed of

worker leaders may also be a factor. Current existing union
leaders seem to have been compromised – worried more
about union de-registration, the financial security of union
members, or perhaps their own.

But the struggle for better rights and justice will always
have an element of risk, and unless unions and their
leaders are brave enough to fight for justice and rights,
then things will not change.

Union leaders have also forgotten how to use their largest

asset, namely the large numbers of workers acting in
solidarity.

Union leaders today often choose to act alone, in a

representative capacity – but neither employers nor
government ministries are really worried because they
believe that unions are weak, and that their leaders are
incapable of moving even their own membership to
collective action.

Even when pickets are carried out, the members that do

come out and participate is but a small percentage of the
membership. The last few large pickets or protests that
occurred in Malaysia were from migrant workers, and
many of them are not even unionised.

What happened with Malaysian Airlines when the

company decided to get rid of about 6,000 workers is an
indication of the state of the labour movement. These were
all mostly unionised workers, with the unions affected

CLO2 : Illustrate the procedures, methods and processes in managing human resource.
 having thousands of members, and yet not a single
dedicated mass protest took place.

To appreciate how the Malaysian trade union movement

came to be this way, the history of the labour movement in
the country has to be recounted, particularly before the
subjugation of the labour movement by the British.

The Malaysian Trade Union Congress (MTUC),

unfortunately, is a creature of British manipulation,

CLO2 : Illustrate the procedures, methods and processes in managing human resource.
 emerging only after much stronger unions, federations,
and leaders were suppressed.

One would have expected that the MTUC and the larger
labour movement would have undergone a resurrection
after Malaya gained independence in 1957, but that did not
happen.

The ‘union way’

With the passage of time, workers themselves have

forgotten the past, and how strong the labour movement
was at one point in the history of Malaysia.

This lack of historical knowledge, complemented by a lack

of education and empowerment of workers and union
members by existing “leaders,” keeps unions weak.

For many workers today, the union is simply a

“subscription” deducted automatically from their salary by
employers and transmitted to their unions, and the little
benefit that they get from collective bargaining, which are
usually salary increments and bonuses.

Unions now also seldom have regular meetings for its

members, if at all, which has been proven to be essential
for the strengthening of solidarity, enhancing knowledge of
members, and strengthening unions as a whole.

CLO2 : Illustrate the procedures, methods and processes in managing human resource.
 The lack of members being involved in decision-making
and union actions has also developed in an overall lack of
interest. The dearth of new leaders is also problematic,
and we find the same old people retaining union
leadership positions for years and years.

Things need to change, if unionism and the labour

movement are to become stronger and more effective,
but standing in the way are the existing leaders of unions.

It is easy to blame the government and existing laws, but if

workers and unions are not ready to fight for better rights

CLO2 : Illustrate the procedures, methods and processes in managing human resource.
 together, then the legislative hurdles to overcome will only
get taller.

There must be a “union way” – a collective struggle with all

workers standing together in solidarity, not a handful of
representatives working without the participation or
support of their members.

i) Recognize key incidents in Malaysia’s human resource landscape (C1) – 10

marks.
ii) Simplify and write a summary of this case study (C2) – 20 marks.
iii) Write your own view about the benefits of joining a trade union(C3)- 30
marks.
iv) Differentiate THREE types of industrial action in Malaysia (C4)-24 marks.
v) Figure Out FOUR methods to solve industrial disputes (C4) – 16 marks

1. Submit your work online to rosmanizahutp@gmail.com or your lecturer’s email a week

after you have received this document.
2. This is a group case study, plan your work and perform a group discussion in breakout
session via msTeams before proceeding on the document to hand in.

Prepared By Verified By

DR. ROSMANIZAH DERAHMAN EMEY SURIANA BINTI YAACOB

Politeknik Sultan Idris Shah KETUA PROGRAM
DIPLOMA SAINS KESETIAUSAHAAN
Selangor 17/05/2023 POLITEKNIK SULTAN IDRIS SHAH
SELANGOR DARUL EHSAN

17/5/2023

CLO2 : Illustrate the procedures, methods and processes in managing human resource.