MTUC HQ LABOUR BULLETIN SEPT 2012

7/29/2019 MTUC HQ LABOUR BULLETIN SEPT 2012

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Malay sian Trades Union Congress Oct 2012

SKI M- SKI M PERLI NDUNGAN PERKESOa) Skim I nsurans Bencana Pekerjaan :

Skim Insurans Bencana Pekerjaan memberi perlindungankepada para pekerja daripada bencana pekerjaan terma-

suk penyakit khidmat dan kemalangan semasa perjalan-an berkaitan pekerjaan.

b) Skim Pencen I lat:Skim Pencen Ilat pula memberi perlindungan 24 jam

kepada pekerja terhadap keilatan atau kematian akibatsebarang sebab.

Objektif kedua-dua skim keselamatan sosial ini adalah

untuk menjamin pembayaran faedah tunai kepada peker-ja dan orang tanggungannya apabila berlaku kejadian lu-ar jangka menimpa pekerja berkenaan.

Faedah Pencen Penakat:Pencen ini dibayar kepada orang-orang tanggungan peker-

ja 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 memenuhisyarat kelayakan caruman penuh atau syarat kelayakan

caruman yang dikurangkan.

Syarat Kelayakan Caruman

Kelayakan caruman penuh atau caruman yang diku-rangkan bagi tuntutan faedah pencen penakat adalah

sama dengan syarat kelayakan caruman bagi pencen

ilat.

Abdul Halim Mansor, Setiausaha Agung

MTUC mengucapkan selamat menyambut Deepavali kepadasemua kesatuan gabungan dan pemimpin kesatuan yang

beragama HinduUpcom in g Courses: M TUC Johor 7 & 8 Nov, PERKESO/ M TUC

MTUC Selangor 7 & 8 Nov, Cadangan Pindaan Akta


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Oct 2012 M TUC

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The ACFTU / ILO- ACTRAV Seminar on Emerging Trends in

Collective Bargaining In times of Crisis was held in Bei-

jing, China .Thirty-six participants from eighteen countriesin the Asia Pacific region met to share experiences andemerging trends in collective bargaining during times ofcrisis.

ObjectivesThe Asia and the Pacific has the lowest rate of ratifica-tion of ILO Conventions No.87 and No.98. There werecomparatively low rates of unionization in many countries

in the region and restrictions on the right to collectivebargaining, in particular, in the public sector. The crisishas further impacted on policies and practices with ageneral rollback in support for collective bargaining.

The objectives of the seminar were to share experienceand knowledge of emerging trends in collective bargain-ing 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 thatthe Collective Bargaining Agreements (CBAs) were expandingto address changes of employment relations, the negotiationof flexible work hours, employment security, regularization ofprecarious work, social security, concession bargaining intimes of crisis. A number of challenges were highlighted in thecourse of the discussions: The crisis had been used as a tool for further flexibiliza-

tion of employment. Many highlighted a limitation of the scope of issues that

could be the subject of collective bargaining and changesrestricting trade union activities. The legislation also ex-

plicitly excludes specific groups of workers from collectivebargaining. Thresholds of forming trade union are restric-tive.

At an enterprise level in Korea, only registered trade un-ions had the right to bargaining. Similarly, unions experi-enced difficulties in gaining recognition of trade union ascollective bargaining agents.

There had been remarkable economic growth in a num-ber of countries but the question of fair redistribution re-mained. Collective bargaining assists in fair distribution.

In respect of precarious and insecure forms of work, mostcommented on the rise in the region and the difficulty on

the one hand in defining the employee on the one handand the employer on the other. Fixed-term employmentmade it difficult to organize these workers.

Multiplicity of trade unions was also a cause resulting inthe fragmentation of labour movement.

Insufficient information proved to be a challenge in tryingto negotiate with companies.

Rising income inequality between a declining wage shareand a dramatic rise in the corporate executives pay is acause for concern.

Public sector workers facing budget cuts are the maintarget for restructuring and deregulation.

Lack of legal enforcement of terms of collective agree-ments 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 InternationalLabour Standards.

Focus on definition of a worker so as many workers haveaccess to protection.

National level programmes for promotion of collectivebargaining and for employers to respect it

Effective obligation on employers to bargain. Include legalprovisions that support unions to seek relevant infor-mation from employers including their organization whenengaged in bargaining.

Ensure effective implementation and protection of theright to organize and the right to strike, including solidarityaction.

Freedom to bargain on all matters including wages work-ing hours, union security, employment security, and work-place safety.

Collective bargaining at the national, sectoral and / orenterprise 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 nationalcentres, GUFs and ITUC.

Governments need to ensure that both governments andemployers respect rights and help to remedy gaps in law.

Information needs to be made available on the companystructures.

Unions should focus on issues relating to the role of MNE

corporations and supply chains, denial of rights in thepublic sector, solidarity and support between civil societyand trade unions. (continue next month)

AC F T U / I L O -ACT R AV Seminar on Em ergingT rends in C ollective Bargaining I n T im es of Crisis

(24 26 September 2012) Beijing, China


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A furniture company in Kampong Subang Shah Alamallegedly dismissed 70 Nepali laborers for demandingan increase in wages.15 laborers have been made toreturn Nepal on Thursday and 15 others will be return-

ing on 19 Oct.

The furniture company claimed that the remaining 40laborers will also be sent home to Nepal within the nextfew days.

About hundred and fifty Nepalese laborers started astrike citing reasons that the daily wages of foreign la-borers working at the said company was increased fromRM21 to RM22 a day with the exception of Nepalese

labourers.

However the company claims that only the wages oflaborers working for more than 2 years were increasedwhile the Nepalese labourers are yet to complete the 3-

year working contract.

The company then decided to deport all Nepali labour-ers who were involved in the protest at their own ex-pense. Milan Thapa of Pyuthan a worker at the compa-ny claimed that the company only increased the wagesof laborers from Bangladesh and Myanmar from RM21

to RM22 a day.

However the wage of Nepalese laborerswas limited to RM21.

Thapa said, We are working at sameplace. They are foreigners and we are too.

Why is the an increment to their wages but

not ours? Therefore we united and startedto protest since October 8, 2012.

The Nepal embassy in Malaysia made anattempt to verify the problems faced by the

Nepali labourers on October 10, 2012.

The officials of the embassy explained that those work-ers from Bangladesh and Myanmar were working there

for long period of time.

It was found that the wages of Nepalese working for thesame duration as the Bangladeshi and Myanmar work-ers too were increased. Also, upon recommendation of

their supervisor, other increases were made.

The contract of most of the protesting workers were yetto expire. An official at the Nepal embassy in Malaysia

Amal Kiran Dhakal said that it is not practical or legal to

protest before the end of the contract tenure.

I tried to convince our workers that it is not right to pro-

test now. The company itself will increase the wagesafter the time come but they refused to listen.

They are still protesting. It is not legal and practical,said Dhakal recommending that the protesting labourersreturn to work.

If Nepali workers continue to protest company has rightto take the steps to deport them. We even cant help in

the matter, he said.

Source: CJMY, October 17, Malaysiakini

Sha h Ala m: 70 Nepal i

w ork ers ge t the sa ck

Oct 2012 M TU C

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Latihan dan Kursus MTUC

Oct 2012 M TUC

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Kursus Kesedaran Keselamatan dan KesihatanSesi dialog bersama Presiden ber-

sama 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 diper-

jelaskan oleh Presiden MTUC Sdra. Khalid Atan pada

penghujung kursus.

MTUC Perak: Kursus Siasatan Dalaman 2012MTUC Perak mengadakan kursus empat jam kepada AJK dan pegawai-pegawai yang dikendalikan oleh SdraP.Poonusami (IRO) dan Sdra Redzuan (Timbalan Pengerusi MTUC Perak). Pelbagai isu telah diperbincangkanbagi memberi pendedahan kepada tren terkini dalam menanganicabaran-cabaran semasa kepada AJK.


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Majlis Makan Malam NCWO

Sempena Sambutan Hari Wanita 2012

NCWO telah mengadakan majlis sambutan HariWanita pada 22 Sept 2012, di Dewan PerdanaFelda, Anjung Felda, Jalan Maktab, Kuala Lumpur.Tetamu kehormat pada majlis tersebut ialah SeriPaduka Baginda Raja Permaisuri Agong. Jawa-

tankuasa wanita MTUC turut menyertai sambutan ini.

Pelbagai isu yang berhubungkait dengan peranan dantanggungjawab wanita telah diutarakan.

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Sambutan Hari Wanita

Oct 2012 M TUC

MTUC/NCWO-Seminar Literasi Undang-

Undang Pencegah Jenayah:

(Keselamatan Keluarga Tanggungjawab Kita)

Seminar sehari ini telah disertai oleh 80 peserta dari jawa-tankuasa wanita berlangsung di Wisma MTUC pada 30hbSept 2012 Penceramah undangan Dato Yasmeen Shariff danEn. Kamal Affandi Hashim, Penganalisa Jenayah telahmenyampaikan ceramah yang merangkumi tajuk-tajuk seperti

berikut: Wanita dan Undang-Undang, Peranan Pihak Polis da-lam Perlindungan Wanita, Keganasan Rumah Tangga, Un-dang-undang Syariah dan Hak Wanita dan sebagainya.


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P IKET RU M

Oct 2012 M TU C

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Over 500 railway workers picketed at the KeretapiTanah Melayu Bhd (KTMB) headquarters in Kuala Lum-pur today to protest MMC Corp Bhd's bid to take overthe company.

MMC Corp is controlled by business tycoon Syed Mokh-tar al-Bukhary, who also owns Seaport Terminal (Johor)Sdn Bhd, which took over Penang Port.

Besides this, Syed Mokhtar also controls the Port ofTanjung Pelepas and Johor Port as well as took overPos Malaysia via DRB Hicom.

The group, led by Railwaymen's Union of Ma-laya (RUM) leaders, chanted slogans, sang songs, andheld up banners for over an hour beginning 5.30pm, al-most always under the blare of their air horns."RUM strongly opposes MMC's attempt to take over

KTMB

," the group chanted, while also urging new KTMB presi-dent Elias Kadir to be given the chance to turn aroundthe loss-making company.

About 30 policeofficers - someof whom wereuncharacteristi-

cally armedwith combatshotguns - keptclose watch and helped to direct traffic until the protestended peacefully.

In his speech, RUM president Abdul Razak Md Hassansaid MMCs takeover would threaten the workers wel-fare benefits in its cost-cutting measures, such as afford-able housing, bonuses, and medical care.Source: Malaysiakini. Photo : KS Tan, CJMY

Abdul Halim M ansor Setiausaha Agung M TUC


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' cont ra ctor for la bour ' a nd

sho r t ter m cont rac ts

Oct 2012 M TU C

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Justly, all workers should be regular employees - perma-nent employees until retirement, retrenchment, closureof employer's business, or maybe termination by reasonof some misconduct at the workplace.

Workers' employment security is most important for the well-being of the worker, their families and dependents. Remem-ber, where a worker finds employment determines where thespouse and family will live, where a home may be purchased,where the children will be sent to school, where communityrelationship and involvement are started. In modern Malaysia,most workers are also burdened with the obligation of month-ly payments towards housing/car loans, etc...The problemwith fixed-term contracts is that there is no needed securityfor workers that they will still be employed at the said work-place (or even be able to find subsequent employment in thatvicinity/town/...) As fixed term contract periods end, the stresssuffered is great... Of course, employers prefer short-termcontracts for workers will be most docile, easily exploited andjust too fearful to claim rights, join/form unions, etc.. In India,for example, there are laws that limit the kind of work forwhich the employer can use short-term employees and all

other workers are regular employees (permanent employ-ees)...Using outsourced workers supplied by third parties,without the factory/workplace owner becoming the employeris even more worse for workers...

Will Malaysian workers also escalate their struggle forthe worker rights....they may unless this Malaysian gov-ernment starts to take worker rights and welfare as be-ing more important...More Than 2 Million Workers Strike in IndonesiaThere are many cases where employees can work forfive years without being given any proper rights, said

Widyantoro Setya Purwandaru, a 32-year-old qualityassurance clerk, as he picketed the Yamaha piano fac-tory in Pulo Gadung, East Jakarta, along with hundredsof his colleagues. The government must do somethingabout this because the gap between the rich and poor isgetting wider and this will create social jealousy.

Although Indonesias economy, south-eastAsias biggest, has grown rapidly over the last decade,social inequality has also risen.

Meanwhile, trade unions have become increas-ingly combative, threatening to undermine attempts by

the government to turn Indonesia into a key regionalmanufacturing hub.

There have been dozens of major strikes this

year, including a number where workers on full-time con-tracts have been taken hostage by those employed onless favourable terms, demanding better pay and condi-tions.Indonesia already has some of the toughest labour regu-lations in Asia but they are not implemented uniformly.

This has left trade unionists unhappy with theway many workers are treated, while companies arereluctant to hire new workers because of the difficulties

they face when trying to terminate contracts.The rigidity of Indonesias labour law hasharmed job creation, according to a recent report by theOrganisation for Economic Co-operation and Develop-ment, with around 60 per cent of the countrys workforcestill employed informally.

Andrew White, the managing director of theAmerican chamber of commerce in Indonesia, said thatmany employers feel the labour law is counter-productive.Although the intention of the law is to create solid jobs,

companies are reluctant to hire because they realise thatit is very difficult to terminate a contract, even if you havea legitimate cause, he said.

To circumvent the rigid law, many companies inneed of a flexible workforce have turned to labour out-sourcing companies, agencies that provide workers ontemporary contracts.

However, trade unionists say this practice isoften used in an exploitative and illegal manner, depriv-ing workers of benefits such as pensions, social securityand other basic labour rights.

Outsourced workers get nothing, said RidwanPandjaitan, a shop steward for the United Federation ofIndonesian Metalworkers at a Mitsubishi car factory ineast Jakarta. Too many companies dont want to takeon permanent employees because they have to paypensions and give workers other rights.

Keith Loveard, who advises foreign investors onsecurity and political risk issues in Indonesia, said thatstrikes are becoming more frequent and that tensionsbetween trade unions and employers are likely to growin the run-up to the 2014 national elections as politicians

play the populist card.Financial Times, 3/10/2012, Indonesian national strikeshuts factories. Charles Hector Oct, 4th 2012


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Cu rren t issu es

Oct 2012 MTU C

Wisma MTUC 10-5, Jalan USJ 9/5T, 47620 Subang Jaya, Selangor. Tel: 03-80242953 Fax:03-80243225website : www.mtuc.org.my; email:[email protected] / [email protected]

Disediakan oleh: R.Rajeswari, Setiausaha Penyelidikan, disemak: Sdra. Abdul Halim Mansor, Setiausaha Agung

Adakah mereka perluberkesatuan?

Patutkah pekerja as-ing dibawa melalui Gto G? atau ejen?

Dimanakah silapnya? Siapakah yang ber-

tanggungjawab?

Documents

MTUC HQ LABOUR BULLETIN SEPT 2012