GOOD NEWS - Now, the unemployed can remain Trade UNION members - so Union can help them in their quest for Justice, even help find new jobs...but UNIONS must amend their Rules first.

Big VICTORY for Malaysian workers and Trade Unions 

The RIGHT of workers to remain Trade Union members even after they are terminated, retrenched, dismissed or even 'retired' from their employment. 

Before this the Malaysian law said that the moment you are no more an employee, you cease to be a member of your Trade Union  - that means also the moment a worker(Union Member) really needs the assistance and solidarity of his/her brother/sister workers and his/her Union to help him/her - the LAW cuts away the RELATIONSHIP between Union and member - and this also prevents UNIONs to use their FUNDS or resources legally to assist and/or HELP their now once fellow Union Member. 

This inability to be able to rely or depend on MY Trade Union in my time of GREATEST need was a factor that may have also discouraged many a worker from joining Trade Unions ... 

When I am WRONGFULLY terminated and DISMISSED - I could not depend on my Trade Union for support, or even legal assistance and support in my quest for Justice - be it to fight for JUSTICE at the Industrial Court, Labour Court or other venues of access for justice...

I could not even depend on my Trade UNION for some FINANCIAL support to help me survive - now that my source of income was gone - how do I pay my rent, my utility bills, for my childrens education, my loan obligation - could not my UNION help a bit? 

Sadly some UNIONS also use this excuse to not help their former members - they BLAME the law, saying it would  be ILLEGAL to use Trade Union funds and resources to help 'NON-MEMBERS' - a Betrayal of the Union? 

A betrayal of your brother/sister union members? 

LAME - even if the law prohibits - UNIONS could still be creative and assist such members informally - they could 'collect' donations informally to provide some assistance, including also money to engage needed lawyers.. BUT, it was so EASY for many Unions to just wash their hands - saying HELLO, you are no longer UNION members LEGALLY - so we cannot HELP or RISK being 'de-registered' for breaking the law.

WELL, GOOD NEWS now - the law has CHANGED making it now possible for former UNION members to still remain members of Trade Unions - and thus allows the Trade UNION to now use their funds/resources LEGALLY to assist their now 'unemployed' or 'temporarily unemployed' members ...

Now, the NEW law says...

Section 26(1B) TRADE UNIONS ACT 1959 - Notwithstanding subsection (1A)-

(a) no workman or employer shall be accepted as a member of a trade union except as provided in the rules of the trade union; and

(b) any workman who has been dismissed, discharged, retrenched, or has retired may be retained as a member of a trade union subject to the rules of the trade union.

This new law comes in by reason of the TRADE UNIONS (AMENDMENT) ACT 2024 that came into force on 15/9/2024.

The old law was as provided in Section 26(1A) which just said '(1A) No person shall join, or be a member of, or be accepted or retained as a member by, any trade union if he is not employed or engaged in any establishment, trade, occupation or industry in respect of which the trade union is registered.' - now, that Section reads '(1A) No person shall join, or be a member of, or be accepted or retained as a member by, any trade union if he is not a workman or an employer.'

BUT, to give effect to the NEW law that allows former union members to continue maintaining their union membership after they are no longer an employee TRADE UNIONS must amend the rules of the the Trade Union.

QUESTION IS HOW MANY TRADE UNIONS HAVE AMENDED THEIR TRADE UNION LAWS - to allow the Trade Unions to retain the Union membership of these ex-employees or ex-Trade Union members? 

NO NEWS - Are Trade Unions not interested in this new law - or keeping their once union members as Trade Union members - do they still want to 'KICK OUT' members who are no longer employed?

IF SO, is the Trade UNION still not interested in PROTECTING the rights of workers, who have lost their jobs? Do Trade UNIONs prefer to kick out, and keep out workers who have been wrongly dismissed, retrenched, retired,...?? 

What can TRADE UNIONS do to help ex-employees of workplaces the unions exist - WELL, they can also HELP them get NEW EMPLOYMENT -  if they have a clause in Collective Bargaining Agreements, that in the event of any job vacancy, the UNION has the first right to forward a candidate (who usually will be some unemployed Union member looking for a job) for the said job, and the employer shall hire the said Union nominee, provided that it possesses the needed skills/qualification needed for the particular job. 

However, this CLAUSE must be in the Collective Bargaining Agreement - it is to help 'currently unemployed' Union members to find NEW Jobs - at the same workplace or different workplaces of employers who have a Collective Bargaining Agreement with the Union.

Do Malaysian Trade Unions have such clauses that will help 'unemployed' Union Members get new Jobs - If NOT, the Trade Union must NOW insist on the inclusion of such clauses.

REMEMBER - it is NOT prejudicial to Employers, all the need do is to consider the Union nominees for the job, and HIRE only if the said applicant has the needed skill/qualification for the said vacancy. If not, the company can then HIRE anyone else for the said jobs.

Trade Unions in many jurisdiction already have such Clauses in their Collective Bargaining Agreements - and it has helped many 'unemployed' Union members get new jobs.

In Malaysia, many Trade Unions have been not very creative in getting members new and better rights - they have stuck to the traditional demands of increasing wages, OT rates, and bonuses - they have failed to demand and negotiate other rights via the Collective Bargaining Rights..

 

DID YOU KNOW that Unions can 

# Get the Employer to agree to a HIGHER Minimum wage (higher that the legal minimum wage of RM1,700)?

# Get the Employer to make a Higher Contribution as Employer to the EPF/KWSP? That contribution can increase based on tenure - the longer you work, the HIGHER the employer's contribution.

# Get the Employer to agree to pay termination or lay-off benefits to workers even if they worked 3 or 6 months - the law now says only those who have worked for more than 12 months will get termination and lay off benefits.

# Get the employer to give the first right of HIRE in the event of a job vacancy to Union members, i,e, currently unemployed union members?

# Get the employers to give you PAID LEAVE on election day to go cast your vote, or to go back to your constituency to cast your votes...

YES - the UNION has the power to GET WORKERS better Rights than provided by LAW - as law only provide for MINIMUM rights - but if Union can get an employer to agree, then workers will get better worker rights...

SADLY, sometimes it is the TRADE UNION that prevents workers from getting better rights - so, now, the QUESTION is whether your Trade Union has already amended its Trade Union Rules to allow union members who have lost their jobs to REMAIN members of Trade UNIONs? If not, WHY?

There is no more LEGAL BARRIER anymore since September 2024...now, even if you LOSE your job - you can remain members of your TRADE Union - of course, you still may need to pay Union membership fees...

## Another POSITIVE change - Before, the LAW only allows for ONE Trade Union in a workplace, ONE union in one SECTOR or INDUSTRY or OCCUPATION - that means once, there is a Union, NO OTHER UNION can be formed - so no choice for workers joint that ONE Union or no ability to join any other Union. Problem if that ONE Union is a 'Yellow' Union - a pro-employer, employer friendly Union who is against fighting for better rights and conditions for workers. Problem if that UNION is a 'lazy' or 'worthless' Union, only interested in collecting membership fees and doing little or nothing for workers. It was like a country with just ONE political party - no choice of any other political parties...

BUT change happened here too - now it is possible to have any number of Unions in a workplace, a industry, a sector and a occupation - and this will lead to more UNIONS and a competition by unions for membership > PUSHING Unions to improve to be better champions fighting for better worker rights and better working conditions... SLEEPING Unions will have to WAKE UP and act - for workers will REJECT useless Unions or lazy Unions in favour of TRUE Unions who will bravely defend worker rights - and more importantly FIGHT for better worker rights...We shall see...we shall see...what workers and UNIONS will do - for the LAW has changed, and no more can UNIONS simply blame the 'bad laws' for their failures .... 

In 2022, there were 767 trade unions, but the unionization rate was only 5.8% of the total workforce.   HOW EMBARRASSING?