3/09/2016

REGISTRATION FOR TRADE UNION

1. Every trade union is required to apply for registration from the DGTU
HRM 659
INDUSTRIAL RELATIONS within 1 month from the date of its establishment.
 This period may be extended at the discretion of the DGTU but it

CHAPTER FOUR :
must not exceed 6 months (TUA 1959, Section 8).
2. The application for registration must be signed by at least 7 members,
REGISTRATION FOR TRADE which is also the minimum number needed to form a union.

UNION 3. Application must be accompanied by the required fees and a printed

copy of the rules or constitution of the union.

REGISTRATION FOR TRADE UNION (Cont.) REGISTRATION FOR TRADE UNION (Cont.)
3 4

4. The 7 members must signed the prescribe forms that require details
on:
 Name the trade union and address of its head quarters.
 Name, addresses and occupations of those members making the
application.
 Names, ages, addresses and occupations of union’s officers.
 A printed copy of the rules or constitution of the trade union.
 Other information ad required by the DGTU:
o Copy of the minutes of the inaugural meeting.
5. Failure to apply for registration in due time or if the registration
is refused, withdrawn or cancelled:
i. The trade union is considered to be an unlawful association.
ii. Members are forbidden to participate, promote, organize or
finance any strike or lock out.
iii. The trade union has to be dissolved and all of is funds
disposed in accordance with the rules (TUA 1959, Section
19).

REGISTRATION FOR TRADE UNION (Cont.) REGISTRATION FOR TRADE UNION (Cont.)
5 6

The DGTU will refuse registration in the following circumstances:
i. If any of the union’s objectives are unlawful
ii. If any part of the union’s constitution conflicts with the TUA.
iii. If the name of the union is undesirable or identical to another
already existing, or if the name is deceiving.
iv. If he is satisfied that there is in existence a union representing
workmen in that particular trade, occupation or industry.
v. If the union is likely to be used for unlawful purposes.
DGTU is also empowered to withdraw and cancel or deregister a union’s
registration on the following grounds:
1. On the union’s own request.
2. The certificate of registration was obtained through fraud.
3. The objects or rule of the trade union is contrary to the law.
4. If the constitution of the union or of its executive is contrary to the law.
5. If the union was used, is being used or will be used for purposes
contrary to the law or to the rules and regulations of the union itself.

1

REGISTRATION FOR TRADE UNION (Cont.)
7 8
6. If the union has broken the provision under TUA or any rules and
regulations as provided under TUA or any rules and regulations of
union or formulate any rules and regulations that is contrary to that
provision and continuously being enforced.
7. If the union funds is used illegally or for purposes which is contrary
to the law or to the rules and regulations of the union.
8. If the union is no more in existence.
9. If there is more than one union registered in the particular trade,
DGTU can cancel the certificate of registration of union with lesser
members (TUA 1959, Section 15).
Union Executives
9 10
 Led and managed by executives elected by the members at biennial or triennial
conferences.
 Confined to Malaysian citizen who had been employed for at least 1 year in the
related trade.
 May not be chosen from:
• Those who are office bearers or employees of a political party,
• Have been convicted of any criminal offences, or
• Have been adjudged bankrupt.
Public Sector Employees’ Unions
11
 Consists of the public service (government sector), statutory
bodies and local authorities.
 Can form and become members of a union either in the same
ministry department or occupation.
 Discussion regarding wages and other compensations is done at
the national level through Congress of the Unions of Employees
in the Public and Civil Services (CUEPACS).
 Not involved in CB.
3/09/2016
Union Funds
 Unions funds can only be used for paying of:
 Expenses related to salaries for employees of the union.
 Expenses related to the upkeep of an office.
 Expenses related to the settlement of a trade dispute.
 Compensation to members for losses arising out of trade disputes.
 Expenses related to the organization of social, sports, educational and
charitable activities for members.
 Unions are required to submit annual, audited accounts to DGTU for checking
– failure would lead to de-registered (TUA 1959, Section 15).
Types Of Unions
Unions in Malaysia may be categorized as follows:
o Public sector employees’ unions.
o Private sector employees’ unions.
• National unions.
• In-house unions.
o Employers unions.
Private Sector Employees’ Unions
12
 Consists of workers that fall within the same or similar
occupation, trade or industry.
 Have the right to bargain on matters pertaining to
wages, allowances, compensations and others.
 Have the right to take industrial actions such as picket,
strikes and other actions as provided by the law.
2
 3/09/2016

Private Sector Employees’ Unions (Cont.) Private Sector Employees’ Unions (Cont.)
13 14

National Unions:  In- House Unions:

 Attempt cover all workers in the same industry, trade or  Formed in an organization for the benefit of workers who work
occupation. in that particular organization.
 Sophisticated structure with regional branches and • Members are all employed by the same employer.
committees.  Workers from other organization are not allowed to become
 Geographically limited. members.

Private Sector Employees’ Unions (Cont.) Employers Unions

15 16

 In- House Unions:  Consists of a united group of employers formed to achieve

 Disadvantages: various objectives of which one of the objectives is to establish a
mutual policy in bargaining with the worker’s union.
• Weak as membership is limited.
 Strengthens bargaining power:
• Exploitation by employers.
o Promote and protect the interests of members.
• Financial strength.
• Victimization among union leaders.
o To negotiate and deal with trade unions of employees.

• Capability of promoting social benefits. o To represent members in any trade disputes.