FACULTY OF ADMINISTRATIVE SCIENCE AND POLICY STUDIES

DIPLOMA IN PUBLIC ADMINISTRATION

SEMESTER : OCTOBER 2023 - MARCH 2024

PAD 363: PRINCIPLES OF INDUSTRIAL RELATIONS

GROUP ASSIGNMENT:
CHAPTER 2 : IMMUNITIES, RIGHTS, PRIVILEGES AND
LIABILITIES OF TRADE UNIONS (TRADE UNION ACT, 1959)

PREPARED BY:

1. MUHAMMAD SHAH REZA BIN JOVAHAR ALI 2020402932

2. ANNUAR AZMIL BIN ASMAWI 2020244964
3. MOHD NAZARETH BIN TANGUNG 2020408408
4. AHMAD FADLY BIN MOHD AHMAD KAMAL 2020410804
5. MUHAMMAD NAIM BIN ABD HALIM 2020253662

PREPARED FOR:
WAN SUMAYYAH SYAHIDAH BINTI WAN MOHAMAD

DATE OF SUBMISSION:

CONTENTS
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NOS CONTENTS PAGE

1 PREFACE 3

2 INTRODUCTION/BACKGROUND FOUR MATTER OF TRADE UNION: 4-8

2.1 Immunity
2.2 Liability
2.3 Rights
2.4 Privileges
3 ISSUES/PROBLEMS 8-13

CONCEPTS/SUBJECT MATTER RELATED TO THE CONTENT

PARTIES INVOLVED

CONSEQUENCES/IMPACTS OF THE ISSUES

SOLUTIONS/RECOMMENDATIONS

4 OTHER RELEVANT CONTENTS 14-16

5 CONCLUSION 16

6 APPENDIX: 17-21

ARTICLE 1

ARTICLE 2

ARTICLE 3

7 REFERENCES 22

1. PREFACE
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ALHAMDULILLAH. THANK GOD THE FIVE OF US COULD SUCCESSFULLY COMPLETE THE
GROUP ASSIGNMENT FOR PAD363 (PRINCIPLES OF INDUSTRIAL RELATIONS) COURSE.
ABSOLUTELY THANKS AND APPRECIATION TO OUR TEACHER THAT IS MADAM WAN
SUMAYYAH SYAHIDA BINTI MOHAMMAD WAN WHO IS ALWAYS POSITIVE GIVES US
MOTIVATION AND CONFIDENCE AND GUIDES US UNTIL EACH OF OUR TASKS CAN BE
COMPLETED PROPERLY.

TO THE MEMBERS OF OUR GROUP OF FIVE PEOPLE, THANK YOU FOR YOUR INVOLVEMENT
AND CONTRIBUTION WHO OFTEN TOGETHER TO DISCUSS AND EXCHANGE OPINIONS IN
ORDER TO COMPLETE THIS IMPORTANT GROUP ASSIGNMENT TOGETHER.
CONGRATULATIONS TO ALL.

THE FIVE OF US WERE ASSIGNED TO SEARCH FOR ARTICLES RELATED TO OUR SECOND
STUDY TOPIC WHICH IS IMMUNITIES, RIGHTS, PRIVILEGES AND LIABILITIES OF TRADE
UNIONS (TRADE UNION ACT, 1959). IT IS A TOPIC THAT EXPLAINS THE IMMUNITY OF A
TRADE UNION FROM CIVIL SUIT AND LIABILITY, IT ALSO DESCRIBE THE RIGHTS OF A TRADE
UNION, DETERMINE THE PRIVILEGES OF TRADE UNION, AND DETERMINE UNION LIABILITY
IN TORT AND CONTRACT WHICH IS VERY IMPORTANT TO US IN TRYING TO DEEPEN
KNOWLEDGE IN RELATION TO A TRADE UNION IN A DEVELOPED COUNTRY LIKE MALAYSIA,
ESPECIALLY.

2. INTRODUCTION/BACKGROUND
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According to the Trade Union Act 1959, a Trade Union or Union is defined as any
organization or combination of workers or employers. According to the Industrial Relations
Act 1967, a Trade Union is defined as any trade union registered under any law relating to
the registration of trade unions. The trade union movement is an important element in
industrial relations in Malaysia. A Trade Union can be established based on a particular
trade, job or industry that functions as a body that looks after and protects the interests and
welfare of its members. Trade unions act as mediators between employers and employees
in resolving conflicts or issues related to work, especially those related to terms and
conditions of service. Trade Unions can be established by employees or employers. An
employer's trade union is a union represented by the employer's parties. Its function is to
prevent the movement of workers who are not satisfied with the terms and conditions of
employment that have been set in an organization.

They play their own agenda to prevent workers from joining workers' unions. Workers'
unions are unions that are made up of workers' unions. They are fighting for better justice
and their rights in employment. This union consists of two organizations in representing the
workers to resolve any issues that arise, namely the Malaysian Trades Union Congress
(MTUC) and the Civil Service Employees' Union Congress (CEUPAC).
In the meantime, the Trade Union Act 1959 has stipulated a number of matters relating to
legally registered trade unions. They are as follows:

Immunity Liability

Rights Privileges

2.1 Immunity Of Trade Union

2.1.1 Immunity From Civil Suit In Certain Cases
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Immunity means the protection, safety or exemption of persons or property from various
obligations or civil liabilities. Trade unions are protected by law. Immunity is divided into 2,
namely immunity from civil suits in certain cases as stated in Section 21, Trade Union Act
1959, and Immunity from liability, Section 22 (1), the same act.

IMMUNITIES

Immunity From Civil Suit

Immunity From Liability
In Certain Cases
[Section 22 (1), TUA]
[Section 21, TUA]

Immunity From Civil Suits In Certain Cases which means that a Trade Union is immune from
any legal proceedings or civil actions. Union immunity is extended to this effect where a 3rd
party violates an employment contract such as disrupting another person's trade, business
or employment. If the 3rd party withdraws capital or withdraws from his job due to his
willingness. Under normal circumstances, an employer can take civil action against its
employees) when they are found to be participating in an illegal strike (meaning they are in
breach of the contract of service.) But if the strike is legal and carried out as a result of a
trade dispute, then no action will be taken against the employees because the law provides
them immunity in civil suits.

2.1.2 Immunity From Liability

While Immunity From Liability explained that the trade union is immune from being
responsible for any cruel act. A trade union and its members cannot be sued for defamation
by the employer if any statements made during the course of the union's activities are valid.

A defamation suit against a trade union and its officers, alleged to have been committed by
or on behalf of the trade union, cannot be entertained by any court.

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Absolute immunity is granted only for actions such as defamation. However, the union can
be sued for other torts related to certain property rights - such as trespassing, nuisance and
so on and the action complained of cannot extend to a trade dispute - ie any "employment
related" dispute. Liability means: the fact that someone is legally responsible / accountable
for something. Tortuous acts mean to disturb someone's pleasure (mental or physical).

2.2 Liability Of Trade Union

2.2.1 Liability in Tort
Trade union liability is defined as someone being legally responsible for something. Trade
unions are responsible for any of their actions as a general rule. Liability is divided into two,
namely Liability in Tort stated in Section 22 (2), and Liability in Contract in section 23 of the
Trade Union Act 1959. A legally registered trade union is responsible for any of their actions
involving (3rd) property and third party rights.

Although it was previously mentioned that the trade union will not be prosecuted for any
action taken in a trade dispute, however, the law states that the union, its trustees and
officers are liable for torts committed involving certain property or rights of the trade union
or its use. Thus, a union may be charged for the tort of nuisance if its premises are used in a
manner that may cause nuisance to its neighbours.

2.2.2 Liability in Contract

Registered trade unions must be responsible for any contracts they enter into. If the union
violates the contract, then the union must be responsible/responsible for it. There are
circumstances where a contract becomes void, therefore it cannot be enforced. For
example: an employment contract states the employee's illegal duties, therefore the
contract is invalid because it is against the law.

2.3 Rights of Trade Union

Rights mean legal, social or ethical rights to exercise (or not) or in certain circumstances. There are
several rights enjoyed by trade unions as provided by law. These rights are also enjoyed by
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unregistered trade unions. There are four elements of the rights of a trade union, namely legal
action, financial support, representation of court proceedings, and industrial action.

2.3.1 Legal Action

Under section 25 (1) of the Trade Union Act 1959, unions have the right to initiate legal
action and can also be sued. Next, section 25 (2) of the same Act states that unregistered
unions can be sued under the name used or the name referred to. As well as Section 25 (3)
explains that unions whose registration has been cancelled can also be sued under the
name that was previously registered.

2.3.2 Financial support

Section 25(5) of the Trade Union Act provides that any fine imposed and incurred by the
union, may be obtained from the sale of its movable property or any money held under its
trust fund in accordance with the relevant criminal procedure. Funding of trade unions is
largely supported by their members through entry fees and monthly membership
subscriptions made by members once they join as union members.

2.3.3 Representation in court proceedings

Section 25(6) of the Trade Union Act 1959, has made it clear that any trade union must be
present in any civil or criminal proceedings.

2.3.4 Industrial action

As stipulated in the Trade Union Act, 1959 Section 25A, both workers' trade unions and
employers can take action to stop trade by launching legal strikes and locking up. However,
the provision also states that penalties can be enforced if trade unions do not comply with
requirements or regulations.

2.4 Privilege

Section 24 of the Trade Union Act 1959 states the privileges of a trade union. This Act
provides certain privileges or benefits or advantages to legally registered trade unions. A
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trade union has the right to make decisions together with the employer. It was also
explained that an employee can intervene in decision-making matters where their
suggestions, ideas, and recommendations should be taken into account. Unions can and do
stop business or company operations through mass strikes.

3. ISSUES/PROBLEMS

3.1 EMPLOYER OPPRESSION AGAINST WORKERS

There are several forms of employer oppression of workers and in fact it is too much.
However, there are still workers who do not want to bring the matter to the right party, this
is because of the worker's insensitive attitude and lack of knowledge which eventually put
them to work in a stressful atmosphere continuously and cause or trigger a bad situation
such as fights, murders, and others.
Oppression often occurs due to the employer's own failure to comply with labor legislation
such as not paying wages, not giving annual leave to workers, not reporting the employment
of foreign workers, terminating workers without notice, employers not providing service
contracts to workers, paying late wages, not allocating rest time to employees as well as
employers who discriminate, sexual harassment and practice forced labor.

CONCEPTS/SUBJECT MATTER RELATED TO THE CONTENT

The issue of employer oppression of employees is considered an important issue. Every job
should come with a wage. In Part 3 of the Work Act 1955, there are 6 sections detailing the
payment of wages by employers to their employees, namely section 18 to section 23.

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Section 18 (1) and (2) of this act states that a service or job must be explained about the
period of wages received by the employee from his employer not exceeding one month and
if not specified, it will be considered to be one month. In section 19 of this act, it explains
about the payment of wages by the employer which must not be later than the seventh day
after the last day of any salary period received and after a valid deduction from the
employee's salary. Also every payment for overtime work done by the employee must be
paid no later than the next pay day. However, if the Director General is satisfied with the
employer's reasons, he can extend the number of payment days as he sees fit.
Regarding payment at the termination of a normal contract, it is explained in section 20
where the wages, less valid deductions, which have been earned but not yet paid to
employees whose service contracts are terminated according to subsection 11(1) or section
12 shall be paid to the employee not later than the day on which such contract of service is
terminated.

In section 21, there are two subsections which state about payment on termination of
contract in special circumstances and on breach of contract. If an employer terminates an
employee's contract without notice, the employer must pay the employee's salary until the
day before the termination takes place. And if an employee terminates his service contract
with a person employer without notice in accordance with subsection 13(1) or (2) or
subsection 14(3), wages, less any deductions which the employer is entitled to make under
section 24, obtained by such employee up to and including the day immediately before that
day where the effective termination of the service contract shall paid by the employer to the
employee no later than the third day after the day the service contract is terminated.
Section 22 explains the limit of advance money by employers to employees. It
is stated that no employer can in any one month make to an employee an

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advance or an advance of salary that has not been earned by the employee
that exceeds the aggregate amount of salary that the employee earned in the
previous month from him employment with that employer, or if he is not so
long in the employment of such employer, the amount which he may earn in
such employment for one month, unless the advance is made to the employee
to enable him to buy a house or build or improve a hous, to enable him to
purchase land, (Cut out by Act A1419), to enable him to buy a car, motorcycle or a bicycle,
(da) to enable him to buy shares in the employer's business offered for sale by the
employer, to enable him to purchase a computer, to enable him to pay medical expenses for
himself or his property immediate family members, to enable him to pay daily expenses
pending acceptance any periodic payments for temporary disability hereunder Workers'
Social Security Act 1969 [Act 4], to enable him to pay educational expenses for himself or
members of his immediate family, for any other purpose in respect of which a written
application is made by the employer to the Director General, Job 31 that is, in the opinion
of the Director General, beneficial to employees; and approved in writing by the Director
General, provided that in giving such approval, the Director Am may make such
modifications to it or impose any conditions on him as he thinks fit right, for any other
purpose that the Minister may, from time to time time, by notification in the Gazette, state
whether generally with respect to all employees, or only with respect to any particular
employee, or any class, category or description employee. For the purposes of this section,
―immediate family members‖ means the employees’ parents, children, siblings or any
other person under the employee’s guardianship.

Section 23 states that no wages shall be paid if the employee is imprisoned or appears in
court. No wages shall be payable to or recoverable by any employee from his employer for
or in respect of the period of any imprisonment served by him or for any period spent by
him in custody or for or in respect of any period spent by him in going to or returning from a
prison or other place of detention or for or over any period spent by him in going to,
attending before or returning from court other than as a witness thereon on behalf of the
employer.

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PARTIES INVOLVED

Among the ways for an employee to make a complaint against an employer who fails to
comply with the law is to directly contact the Department of Manpower, Ministry of Human
Resources. The best way to make any complaint against the employer's misconduct is to
contact directly the Peninsular Labor Department, Sarawak Peninsular Labor Department,
Sabah Peninsular Labor Department. Any complaint can now be made online on the JTKSM
website, the Public Complaints Management System (SISPAA) page, fill out the Working for
Workers (WFW) application or go to any nearby Labor Office.

Complaints can also be made by writing an official letter and email to JKTSM or call 603-
8000 8000. Here the employee must provide complete details of the complaint including
other supporting evidence and the appointment letter or service contract and salary
statement. Any further reference can be made on the JTKSM website. After receiving the
complaint, JTK will conduct an investigation by calling the employer to give an explanation
and if the employer refuses to admit fault, then the case will be taken to the Labor Court. As
you know, the Labor Court is a special court created to authorize the JTK Director to
investigate and make a decision after hearing the case.

If any party is not satisfied with the decision made by the Labor Court, then an appeal can
be made to the High Court within 14 days after the decision is issued by the JTK Director. For
the case of an employee's contract being terminated illegally, refer to the 1967 Corporate
Support Act where employees can file a complaint with the Industrial Relations Department
(JPP) within 60 days to regain their position. However, any problems or disputes between
employers and employees should be resolved amicably without the intervention of a third
party. If the oppression that occurs continues, then making a complaint to JTK is the step
that should be taken. Actions such as holding a rally or strike can cause bigger problems
than achieving the desired solution in upholding justice for workers.

CONSEQUENCES/IMPACTS OF THE ISSUES

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The compliance of the company in the matter of payment of wages according to the earlier
time is important to protect and guarantee the welfare of the workers. Every employer
wants staff who can provide high productivity, however employers also play a role in giving
them motivation so that they become more productive. It is important for every employer
to ensure that staff work in a fun atmosphere. This is a win-win situation. Employees and
employers are mutually satisfied. Employees also have various commitments. Need to pay
house, car, personal instalments and so on. They have to pay according to the set date.
When there are employers who are late in paying salaries, it will cause them to face
difficulties in managing their monthly commitments.

This situation can trigger dissatisfaction among employees, and if the problem of payment
of wages continues, it will definitely destroy the morale of employees until some start to
quit their jobs. Referring to the Employment Act 1955, wages are monetary wages given by
employers to employees for services provided based on agreement in the service contract.
Among the examples of bad things that happen as a result of the employer's delay in making
salary payments, there are employees who are rude or physically attack the employer as
happened in Kota Kinabalu in April 2023. Kota Kinabalu Industrial Park. The incident that
went viral on social media is believed to have happened due to the dissatisfaction of the
construction workers involved due to the delay in paying their wages by their employer, the
victim who is also a Korean citizen.

The effect on the employer will also ultimately be detrimental when there is a lack of staff
due to frustration with this situation as well as slowing down the employer's own
operations. Employers can also be dragged to court where they are exposed to heavy
penalties.

SOLUTIONS/RECOMMENDATIONS
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 Among the solutions to deal with this problem, the government through the Ministry
of Super Human Resources has launched the 'Working For Workers' (WFW) application to
detect employers who fail to pay wages, especially foreign workers, including late payments.
It was launched in April 2021 which also involves joint ventures and regulation by the
Ministry of Home Affairs (KDN). Through it, the government can directly obtain the
information channeled by the employees of the company in question when the employer
does not pay wages or pays late beyond the seventh day of every month.

"Through e-Wages which with early information about salary payment delays, we no longer
have to wait for employee complaints, instead when we know, we will take action," he said
at the Tapah Parliament's Concerned Malaysia Program, at the Tapah Sports Complex,
today. Former Minister of Human Resources, Datuk Seri M Saravanan.

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4. OTHER RELEVANT CONTENTS

The trade union is Malaysian Trade Union Affairs Department formerly known as the
trade union registration office was established in July 1946 to enforced 1940 Trade Union
enactment. The registration of trade union began in 1957 and at the end of that year, 298
trade union were registered with a total membership of 195,113. In 1940 Trade Union was
replaced by the trade unions ordinance 1959 which came into force from 1 june 1959. The
ordinance was extended to sabah and Sarawak in 1965 after Malaysian was established.
After the revision made by law revision commission in 1981, the ordinance was renamed as
trade union act 1959. The Trade Union Registration office name was changed to trade union
affairs department in 1989. In line with changed of department name, the title head of
department has also been changed from registrar of union to Director General of trade
union to reflect the actual roles and responsibilities other than registering a trade union.

While the Malaysian constitution guarantees the rights of all Malaysian to form and join a
trade union, there are several restrictions imposed by the laws relating to trade unions it’s
the trade unions act of 1959 and the industrial relations act of 1967. The restrictive trade
unions act does not allow general unions for workers. Membership of any trade union is
confined to only those who are employees of a particular industry, establishment, trade and
occupation. For example, a bank employee could only be a member of a banking union, but
cannot be a member of an airline union or teachers union while a hotel employee, a timber
worker or a labourer could not be members of the same union.

For enterprice or in house union, membership is confined to employees of that particular

establishment or company empoloyee of the company’s subsidiary or an associate company
could not join that union. Temporary workers, contract workers including foreign wokers
could join union as members. Howevers, most of the workers were reluctant to join a union
for fear that their contract might not be renewed or work permit cancelled, making it
difficult for a union to represent them. Generally managerial, excutive, confidential and
security employees cannot be members of a non executive union, nor can they be
represented by a union for the purpose of collective bargaining.
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Water supply and sanitation in Malaysia. In Malaysia, air supply and sanitation have been
characterized by many successes and challenges. Providing universal access to water supply
with an affordable tariff is a significant accomplishment. The government has also shown
commitment to making the sector more efficient, creating a sustainable funding mechanism,
and increasing the customer orientation of modern institutional structure for the air sector
was established through the reforms, with autonomous regulatory agencies, management
companies assets, achieve certain performance indicators that will be monitored by
regulatory agencies. The government has sector for air provision, after such contracts in the
1990 showed mixed results.

The sector still faces a number of challenges, but only a few of them have been resolved by
reforms. Firstly, tariffs are low, making cost recovery unlikely at current levels, making it
necessary to continue to depend on government subsidies. Second, water losses and water
consumption per capita remain high despite efforts in water demand management. Thirdly
is the large scale water transfer project from sungai Pahang to Kuala Lumpur is controversial
because of its negative social and environmental impacts. Lastly is the development of
sewerage and waste water treatment has legged behind the development of infrastructure.
For example, most of the collected sewage is still untreated. In 2020, the reform of the
water supply subsector did not include the sanitation subsector.

The term employee encompasses workers and managers who work for a company,
organization, or community. The staff of the organization is made up of these people. In
general, any person hired by an employer to do a particular job in exchange for payment is
an employee, but there are different types of employees. In some countries, employers are
required by law to do certain things, such as obeying minimum wage laws, providing a safe
workplace, and sometimes paying taxes. Employers also have to provide their official
employees with benefits, such as paying for health insurance. Because of this, some
employers prefer to hire independent contractors to perform work instead of regular
employees. In the United States, a worker is an employee if their employer gets to tell them
what do, how to do it, and when to do it in a material way and an independent contractor if

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they get to make their own decisions about how to do what the employer wants. Employers
and employees have a different relationship than a firm and a customer or client. Before
receiving a job offer, an employee must complete a resume and interview.

A person or institution that hires employees is called an employer. Employers offer wages or
salaries to workers in exchange for their work or labor. If an employee is paid by the hour,
their wage is the amount they earn. The money earned by an employee per pay period is
known as their salary if they are paid a set rate per pay period. Wages are given for every
hour worked, including overtime, but a salary is typically not increased for hours worked
beyond the minimum. Employers include everything from people hiring a babysitter to
governments and businesses which may employ many thousands of employees. In most
western societies, governments are the largest employers, but most of the workforce is
employed in small and medium businesses in the private sector.

5. CONCLUSION

The trade union movement is an important element in industrial relations in Malaysia. A

Trade Union can be established based on a particular trade, job or industry that functions
as a body that looks after and protects the interests and welfare of its members. An
employer's trade union is a union represented by the employer's parties. This union
consists of two organizations in representing the workers to resolve any issues that arise,
namely the Malaysian Trades Union Congress and the Civil Service Employees' Union
Congress. In the meantime, the Trade Union Act 1959 has stipulated a number of matters
relating to legally registered trade unions.

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 6. APPENDIX

ARTICLE 1 : WHAT TO DO WHEN YOUR EMPLOYER DOESN’T PAY YOUR SALARY ON TIME?

What to Do When Your Employer Doesn't Pay Your Salary on Time?

BY NISYA AZIZ - UPDATED 21 DEC 2022
There are two things people shouldn’t play around with - feelings and money. And in this
Malaysia Baru, we’re out of feelings! But seriously, what would you do if your employer
doesn’t pay your salary in time, would you get angry? Heck yeah! As the great modern
philosopher of our time has spoken, “b**** better have my money!”
Okay, maybe you have a great job, love your colleagues, the working environment isn’t toxic
and you get along with everyone - but let’s be frank, those things don't pay the bills. You
already have 99 problems; this shouldn’t be one of them. So what can you do to get out of
this mess? Below are a few scenarios that you might encounter and how to approach it
using the Malaysian Employment Law.
Before that, let’s understand some of the terms that will be used in this article.
 Labour Court: It deals mainly with the recovery of wages and other monies and employment
benefits provided to employees under the Employment Act 1955 such as overtime pay,
maternity allowance, salary in lieu of notice of termination and termination benefits.
 Industrial Court: It’s a statutory tribunal established under the S.21 of the Industrial
Relations Act 1967. It was set up to hear disputes between employees and their employers
over rights and obligations that arise from the employment relationship and from the

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 provisions of the Industrial Relations Act 1967. Most of the cases heard by the Industrial
Court are claims by individual employees that the employee had been unjustly dismissed
by his or her employer.
 Manual Labour: A physical work that was done by people like a chef, radio operator,
construction worker and etc.
 Non-manual Labour: A person whose job involves the use of their mind like
programmer, writer, senior technician and etc.
My employer keeps delaying my salary payment every month. What can I do?
FYI, based on Section 19(1) of the Employment Act 1955, you’re to be paid within 7 days
after the last day of any wage period (usually a month). For example, if you receive your
salary on the last day of the month, then your next salary should be in before the 7th of next
month. So, if this has been going on for a while now, it means that your employer has
extremely violated the said section. You can have a talk with your management to come to a
mutual understanding, OR if that doesn’t work, it’s time to take legal action. How?
Here are the steps:
1. You can file a complaint by sending an official letter to the nearest Labour Department,
email to jtksm@mohr.gov.my, visit the nearest local Labour Department office or call 03-
8000 8000. We would suggest you prepare the letter and visit the office because you know -
the government office and efficiency doesn’t get along well.
2. Don’t forget to bring a copy of the supporting documents i.e. contract or appointment
letter.
3. After that, you will be advised to wait for further notice from the Labour Department (while
they do their own investigation).
4. The Labour Officer may contact the employer concerning your claim. If the employer
accepts your claims and pays up, the matter is settled and you will withdraw the claim
against him. If the employer disputes your claim, the Labour Officer will fix a date to hear
your case in the Labour Court.
5. Both parties are required to attend the hearing. The complainant would be informed by
letter (may be registered letter) and a summons would be issued to the defendant i.e. the
employer.
6. You may choose to represent yourself, or by be represented by your trade union, by a
lawyer or an official from the Malaysian Trades Union Congress (MTUC) - if you seek their
help.
7. At the end of the hearing, the Presiding Officer makes an order either orally or in writing.
Any party not satisfied with the decision of the Presiding Officer can appeal to the High
Court within 14 days from the date of the decision.
8. If the defendant does not appeal to the High Court and does not want to obey the order of
the Labour Court, the Labour Office will assist to enforce its Order in the Sessions Court in
order to recover the money.
Yup, the process can be very long. Many of us get turned off by this, let it slip and move on
with our lives but hey, if you think it’s worth the fight then go ahead.

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ARTICLE 2 : IF THE UNION REFUSES TO REGISTER, IT WILL BE CANCELED BECAUSE THERE IS
NO AGM.

Not conducting an annual general meeting (AGM) by September 30 would result in the
Electricity Company Workers' Union (EIWU) losing its registration, the union denied. The
EIWU secretary general, Md. Zaimi Muhamad Yusuf, on the other hand, claims that the
movement control order (MCO) implementation in March prevented them from having time
to conduct any prior preparations, therefore the AGM had to be rescheduled until next year.
A member of EIWU, which presently has about 10,000 members, claims that the
organization may be deregistered if an AGM is held before September 30.
He explained that this is so because the union's triennial general meeting has to take place
every year on or before September 30 at the latest, in accordance with Article 9 (1) of the
EIWU constitution. The supreme council will decide on the meeting's date, time, and
location.
The Trade Union Affairs Department (JHEKS) also informed EIWU, a trade union registered
under the Minister of Human Resources, in a letter dated July 25 that it is not permitted to
postpone the AGM and must adhere to the union's constitution.
The All Global Union industry and the Malaysian Trade Union Confederation (MTUC) are
associated with EIUW, which was founded in January 1971.
For register have section for trade unions maintained by the director general and others.
i. Register, means the register of trade unions maintained by the Director General
under section 7.
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 ii. Registered office, means that office of a trade union which is registered under this
Act as the head office of the trade union.
iii. Registrar, means the Registrar of Trade Unions appointed under section 3, and
includes a Deputy Registrar, a Senior Assistant Registrar, an Assistant Registrar of
Trade Unions, and a Trade Unions Registration Office, appointed under section 4.
Register Of Trade Unions.
(1) The Director General shall keep and maintain in such form as may be prescribed, a
register of trade unions in which shall be registered :
(a) the prescribed particulars relating to any registered trade union.
(b) any alteration or change which may from time to time be effected in such particulars.
(c) all such other matters as may be required to be registered therein under this Act.
(2) A certified copy of any entry in the register shall be conclusive proof of the facts specified
therein as on the date of such certified copy.
Necessity For Registration.
Every trade union established after the commencement of this Act shall apply to be
registered under this Act within a period of one month reckoned from the date on which it
is so established.
(2) The Director General may, if he thinks fit, from time to time grant an extension of the
period specified in subsection (1);
Provided that such period shall not in any particular case, be so extended as to exceed a
period of six months in the aggregate.
Application For Registration.
Every application for registration of an association, combination or society as a trade union
shall be made to the Director General in the prescribed form, and shall be signed by at least
seven members of the union, any of whom may be officers thereof.
(2) Every application under subsection (1) shall be accompanied by such fee as may be
prescribed, and by a printed copy in the national language of the rules of the trade union
signed by the members of the trade union making the application and a statement of the
following particulars, namely :
[Am. Act A1324]
(a) the names, occupations and addresses of the members making the Application:
(b) the name of the trade union and the addresses of its head office and
(c) the titles, names, ages, addresses and occupations of the officers of the trade union, and
such other information regarding such officers as the Director General may in any particular
case require to be furnished.

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ARTICLE 3 :

The Union Network International-Malaysia Labour Centre (Uni-MLC) has put forth several
key issues that need to be addressed by the government and employers as part of Labor Day
celebrations. Uni-MLC President Datuk Mohamed Sha'e BP Mammal called for a new labor
policy to meet the post-Covid-19 era's needs and challenges. He urged the Human
Resources Ministry to engage in dialogue with all stakeholders to review current policies
and labor laws.
One of the primary recommendations is to increase the employer's contribution to the
Employees' Provident Fund (EPF) from 13% to 20% for employees earning RM4,000 and
below to ensure adequate retirement savings. Additionally, Mohamed Sha'e proposed a
review of the mandatory retirement age of 60 to allow employees to work longer. He also
emphasized the extension of the Employment Act 1955 (Amendment 2022) to workers in
Sabah and Sarawak to safeguard their rights.
The Uni-MLC president highlighted the necessity to review low pension payments for
retirees of government-linked companies and the pension status of former Bank Simpanan
Nasional (BSN) employees following the bank’s corporatization. Furthermore, he advocated
for a policy mandating the establishment of more nurseries or childcare centers at
workplaces to address labor shortages.
In addition to these, Mohamed Sha'e called for enhanced support for Malaysian film
industry workers, as a majority are working without certification and facing financial
challenges. He stressed the need for recognition and welfare protection for freelance
workers. The president also urged employers to prioritize hiring local workers over foreign
labor.
In summary, Uni-MLC's recommendations focus on enhancing retirement savings, extending
labor laws to protect workers' rights, reviewing pension payments, promoting childcare
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facilities at workplaces, supporting film industry workers, and prioritizing local employment.
These proposals aim to address the welfare and rights of workers in Malaysia, especially in
light of the post-Covid-19 era's challenges.
7. REFERENCES

1. https://mysyarikat.com/cara-pekerja-buat-aduan-terhadap-majikan-di-malaysia/
Home » Blog » Cara Buat Aduan Terhadap Majikan di Malaysia – Zain Byond -
21/06/23
2. https://www.utusan.com.my/gaya/hiburan/2023/11/ada-majikan-lambat-bayar-gaji-
jangan-jejaskan-motivasi-pekerja-mila-jirin/ - Oleh SITI ATHIRAH DZULKIFLY 25
November 2023, 4:30 pm
3. https://www.bharian.com.my/berita/nasional/2021/04/805635/aplikasi-kesan-
majikan-culas-bayar-gaji - Muhammad Zulsyamini Sufian Suri - April 10, 2021 @
7:03pm
4. https://jheks.mohr.gov.my
5. https://www.malaysiakini.com/news/545934
6. https://www.thestar.com.my/news/nation/2023/04/30/workers039-unions-want-
higher-employers039-epf-contribution-for-those-earning-below-rm4001

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