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Trade Union
Enactment 1940
After WW 2
Trade Union
Enactment 1940
implemented in 1946
Trade Union
Enactment 1940
amended in 1948
TU must be
registered
TU members must
be from same trade,
occupation or
industry
Cannot
The Trade Unions Act 1959 (Section2) defines a trade union as follows:
b.
c.
II.
III.
IV.
V.
Negative impact:
Fragmented TU
Small TU
Positive impact:
Exists common
interest
Promotes orderly
development of
unions
1.
2.
3.
4.
5.
6.
7.
Economic motive
Protection of employee
conflictual
controlled conflict
accommodating
cooperative
Federation of TU
TU A
1.
Must be registered
2.
3.
TU B
1.
2.
TU A
(gov. employees)
TU B
(gov. employees)
Federation of TU
TU C
(gov. employees)
TU A
(employees of SB:
EPF)
TU B
(gov. employees)
TU C
(gov. employees)
MHRs
consent
Federation of TU
s27(3)(a) TUA
Form TU
Seek additional
information
Allows registration
Refuses registration
-s12(3)TUA
DGTU
Within 30 days
Appeal to MHR
If TU seeks dissolution
Appointment
of TU officer
Case
Workers in Malaysia have the right to form and join trade unions.
This is known as the freedom of association and the right is
protected in the Industrial Relations Act 67 (Section 5)
The Act states that:
I.
II.
III.
IV.
However workers also have the right not to join unions. Workers
cannot be forced to join a union (Section 7 , Industrial Relations
Act)
Any group of seven or more workers can form a trade union providing
they work in the same trade, occupation or industry and the intended
membership all work either in the private sector or all in the public
sector.
The application must include the name of the union and its address,
the names, addresses and occupation of the members making the
application and the names, ages, addresses and occupations of the
unions officers.
5.
6.
7.
8.
9.
All workers over the age of 16 years have the right to join an
appropriate union i.e. one that represents workers in their trade.
The rules or joining a union in the public sector is not the same as in
private sector. Public sector employees include those employed in
the civil service. In statutory bodies and local authorities. They can
only join unions which represent workers in the same occupation,
department or ministry. There are very few unions speaking for a
whole ministry.
Registration
Section 12
The DGTU,on receiving the application can register the union only
subject to the provisions of section 12,which empowers the DGTU
to refuse registration under certain situations:
If any of the unions objective is unlawful;
If he is of the opinion that the union is likely to be used for unlawful
purposes;
If he is satisfied that the objects, rules and constitution of the union
conflict with any of the provisions of the TA Act
If the name of the union is undesirable or identical to another already
existing, or if the name is deceiving.
De-registration