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DIFFERENCES BETWEEN CUEPACS AND MTUC (PAD 369)

1.0 INTRODUCTION
When we have entered the workforce, there already have the associations that we can
choose whether to join or not. The purpose of this association is to protect the employees.
This association can represent the public and also in the private sector. Therefore, there have
some association just only represent in public sector but the others can represent both sector
which are public and private. In Malaysia, there have three types of trade union which are the
trade union for employee of public sector, trade union for employee of the private sector, and
for the last type is the trade union for employer. They also represent in national and
international levels. The association that only represent in public sector is CUEPACS while
represent the both sector is a MTUC. With this forming of trade union, the workman can
voice out their demand to employers. The rules for forming and joining a trade union are the
same for both unions of employees and of employers. These two associations that were being
introduced are to represent the workers in public and private sector. But there are still have
the some differences among these two associations. So that, the aims or the purpose of this
term paper is to explain what are the differences CUEPACS from MTUC in their history of
establishment, the objective, about their membership, their function and also representation
even their act as spokesman is most likely same but the component that they practice was
different.

2.0 DIFFERENCES OF CUEPACS AND MTUC


CUEPACS is a federation of trade union of government workers and its serves as the
spokesman for the public services workers and was first registered in 1959. The Trade Union
Act, Section 72, stated that two or more registered trade unions in Malaysia whose members
are employed in a similar trade, occupation or industry may form or create a federation of
trade union if the consent of the members of each of the registered trade unions wishing to
form or create a federation has been obtained by a majority of votes taken at a general
meeting or a meeting of delegates, as the case may be, after services on the Director General

and all members of the union, not less than fourteen days prior to such meeting, of notice of
the proposed resolution to participate in the federation (Trade Union Act, 1959). Meanwhile,
MTUC is a federation of trade union and registered under the Societies Act 1966, it is the
oldest National Center representing the Malaysian workers. MTUC is the oldest national
center representing the Malaysia workers. The unions affiliated to MTUC represent all major
industry and sector with approximately 500000 members (Maimunah, 2013).

2.1 DIFFERENCE IN TERM OF HISTORY


Trade Unions were introduced in 1940 but no union established until and after the war
in which workers organized under a union. In 1948, some of the leaders of trade unions of
public sector have taken the first step to establish a national body of Staff Council
Government Services (Government Services Staff Council) representing 40 Public Sector
Unions body. The main goal of this council was established to promote cooperation between
the union, which are employees and employers an in order to promote the interests and
welfare of employees. It is to make sure the welfare of employees always been protected. For
the good and welfare of workers in the public sector and the latter, then efforts should be
made to encourage all public sector unions organized under a federal body. This is what has
led to the approval of the resolution by the Conference of Delegates on 24 April 1955 to
establish a body to be more efficient that CUEPACS. Between the aims is to encourage all
public sector unions joined the new body, regardless of position or grade of service.
CUEPACS finally has been registered under the Trade Unions Enactment on 23 October 1957
a few months after the country gained independence. CUEPACS First Convention was held
on 6 September 1959 Following the compilation of the Office of the Registrar of Trade
Unions, CUEPACS has been registered on 12 November 1960 under the Trade Unions
Ordinance 1959 (CUEPACS, n.d.).
The MTUC come into existence at a time when the first emergency was declared
against insurgent communist activities in 1948. On that time, workers had no organization to
look after their interest, protect them and also to represent their view generally. During that
time, the workers lose their benefits in term of health, welfare and others because of the war
by communist (Malaysian Trades Union Congress, n.d.).

A few union leaders who believed in free democratic trade unionism convened a
conference of trade union delegates on 27th and 28th February 1948. When the conferences
opened, 160 delegates from 83 of the 165 registered trade union where presented. After the
registered had been made, they use principle of voluntary and peaceful negotiation in all
industry and occupational in dispute. The position at 1 st January 1949 and registered in 1950
as a society under Societies Act 1966 (Malaysian Trades Union Congress, n.d.).

2.2 DIFFERENCE IN TERM OF OBJECTIVE


The first objective of CUEPACS is to promote the interest and improve the working of
its affiliate trade unions (Maimunah, 2013). This is means the workers will improve their
performance in their work because all their needs and demand will be fulfill by their
employers. This is because with this association, the employees or the workman will voice
out if they feel dissatisfaction with the conditions or towards the employers. So that, if their
demand will be fulfill, so they will improve their efficiency in doing their work. In addition,
they will help to increase the performance of their company and also can be avoid from the
negative situation such as strikes, picket and so on.
The second point under this objective of CUEPACS is to protect the interest of the
affiliate trade union and their members (Maimunah, 2013). This objective is very important
because this association will protect the employees from any negative situation. This is
because; some employers will misuse their power towards the employees and do whatever
they like without following the rules and regulations. For example like the employers will
dismiss their workman without any proven and informal way. So the employees will report
the action made by employers if there is opposite with the rules and regulation. With this
association, employees will feeling valued over work there.
Next objective that stated in CUEPACS is to endeavor to improve the conditions of
employment of the members of affiliate trade unions (Maimunah, 2013). This objective
means they want to make sure the conditions during the work always in harmonious situation
among the employers and also the employees. In others word, if all of them will work in
peace way, there is no dispute will occurs in that organizations. So thats why this association
was being introduced because they want to improve the conditions of the work place. If they
work in peace way, they also can improve the performance of their work.

Meanwhile the objectives of MTUC are to affiliate with or to subscribe to or to assist


any other non-political organization having objects similar to those of the MTUC. Second,
achieve complete organization of all workers either by assisting its affiliate or by taking
initiative to form new unions and subject to advise and with the agreement or parties
concerned, to act as mediators in disputes between members of affiliate union or between
such unions and their members or between the unions themselves and improve the economic
or social conditions or workers in Malaysia (Malaysian Trades Union Congress, n.d.).
In addition, MTUC are ensuring public participating, Ownership and Management
Consistent with the national interest of the country, adequate participation in the ownership
and management of public services, industries and natural resources such affiliation with
National Labor Advisory Council and Employees Provident Fund Board. With this objective,
we can see that MTUC want to make sure even though the workers has been retired, they also
have the resources that called pensions funds to survive their life (Malaysian Trades Union
Congress, n.d.).
Moreover, MTUC also have the concern regarding employees welfare such as
suggesting wages and work hour to be enacted under law with legal maximum working of 40
hours. MTUC also ought to ensure full employment and provide maintenance for
unemployed as well as caters the training needs such as training centers and relevant
facilities (Malaysian Trades Union Congress, n.d.). Education benefits also become their
objectives by the provision of free compulsory education with opportunity for higher learning
include in academic and technical as well as professional. For example, it runs education
program to help unions leaders understand their roles and responsibilities.

2.3 DIFFERENCE IN TERM OF MEMBERSHIP


CUEPACS membership is open to all trade unions in the civil service who are
registered in Peninsular Malaysia, Sabah and Sarawak. In December 1990, 65 unions with a
membership approximate 90000 were affiliated to it. Every registered trade union who
wishes to become members CUEPACS shall give notice to the members 14 days before the
General Meeting and the conference passed a resolution at the general meeting of delegates
or CUEPACS agrees sits. After that, they shall submit an application to the Secretary-General
for tabling in CUEPACS Congress Council. Council Congress or authorized body have the

right whether to accept or refuse to join without giving any reason. Application approved by
the Congress of the Council or a duly authorized body shall submit to the Director-General of
Trade Unions for registration. For unions Statutory Bodies or Local Authorities (LAs) require
the approval of the Minister of Human Resources in advance (CUEPACS, n.d). CUEPACS
total membership over the last few years has declined due to many Government Departments
have been privatized and become MTUC. Latest CUEPACS affiliate membership is
comprised of 100 public sector unions. Example trade union affiliate to the CUEPACS is
Medical Research Employee Union.
For MTUC, the members are individual trade unions which choose to affiliate to it.
They have private and public sector employees union as a member of MTUC. In 2012, it had
240 members and most of which were unions in the private sector. The MTUC shall consist
of such bona fide trade union organization as shall be affiliated in the manner prescribe by
these rules. Any such organization may make application to become affiliated to the MTUC
in the form prescribed for this purpose as Appendix A to his Constitution and shall furnish
two copies of its rules or Constitution together with such other particulars and information as
shall be required by the General Council. The General Council shall on receipt of the
applicant, seek views of the unions in the group concerned already affiliated to the MTUC,
but shall have full powers to accept or reject any such applicant. However, the General
Council in considering application for affiliation shall also give due regard to the membership
position of the already affiliated unions as against the total number of workers in the group
concerned(Malaysian Trades Union Congress, n.d.).
2.4 DIFFERENCE IN TERM OF FUNCTION
CUEPACS is also as a spokesman for the public services workers. CUEPACS will try to help
in financially or otherwise all or any of the members of the unions and its members. In others
word, if something happen to the members, the union will helps the members as best as they
can. For example they help by giving any compensation, allowances, and insurance to the
members of the unions. CUEPACS also organize relationship between employees and
employers and the relationship between the Government and any member of the Union
members. This is to make sure the organization will always in harmonious condition without
any problem happen. If they work in peace way, they also can increase the performance either
by the employees or employers (CUEPACS, n.d).

In addition, CUEPACS assist any union member or any of its members either financial or
otherwise to acquire any legal advice subject to the supply in Law Union Force. CUEPACS
will help the members to get the advice about the financial or otherwise. This is because
CUEPACS does not the members will misuse the opportunity given to them. So they must
advise them to use all that thongs in proper way (CUEPACS, n.d).
The functions of MTUC are to do everything to promote the interest of its affiliated
organizations, to improve the economic and social conditions of workers and render them
assistance. Besides that MTUC also ought to ensure that policies are developed and action
taken to ensure full employment, to work towards the establishment of a minimum wage a
legal maximum working week of 44 hours and to establish training centers and extension of
training facilities for workers. By provide this training; employees can also improve their
performance in their work. In addition, this policy is also wanted to protect employees right
from exploitation. Moreover, MTUC have to establish Provision for legislated Social Security
measures to provide protection against sickness, unemployment, old age, injury, invalidity
and retiring benefits and promotion of high standards of health, hygiene and welfare in all
places of employment and seek adequate compensation for workers disabled by accidents and
diseases (Malaysian Trades Union Congress, n.d.).

2.5 DIFFERENCE IN TERM OF REPRESENTATION


CUEPACS will represent and only focus to their members. This is because CUEAPCS is
more concerned about demand and needs of public sector. In others word, this association is
the union that focus on the public employees. In addition, CUEPACS also represent the
public employees to emphasize the demand of the public servant in public sector. CUEPACS
also responsibilities to protect the material welfare and so on of their members to make sure
there is no problem occur in that organization. CUEPACS will also listen to the members
about anything they said towards employers and CUEPACS will represent them to settle
down it. This is to make sure there is no misuse of power among the employers towards the
employees. So to avoid that, employees will report to this association about anything that
they feel dissatisfied and CUEPACS will represent them to settle this problem (CUEPACS,
n.d).

Meanwhile, for MTUC they will organize by the government as the representative of
workers in Malaysia and is consulted by government on major changes in labor laws through
the National Joint Labor Advisory Council MTUC also represent labor at the international
Labor Organization Conferences and Meetings. Because of that, it is possible to send many
union leaders for overseas courses, seminar and conferences (Malaysian Trades Union
Congress, n.d.). Besides that, MTUC will also represent in two sector which are public and
private sector. Compare with CUEPACS, MTUC is more challenges because the scope of the
representation is largest. This is because MTUC is the first association that was introduced to
represent the labor or workers.

3.0 CONCLUSION
In a nutshell, both of these associations have their own responsibilities and their
benefits to employers and employees. But these two associations have their same aims and
purpose which is to ensure the worker rights are protected. With this association, they can
also reduce the burden of government because this association can help the employees and
employers to solve their dispute or problems with harmonious way with through an
intermediary and not directly government. However, CUEPACS and MTUC have a several
differences in term of history, objective, membership, representation and also their function.
As we know in 1969, CUEPACS decided to separate with MTUC because of they cannot
unite and work together anymore.