Now, dismissed/retrenched/retired workers in Malaysia can finally remain UNION members, and UNIONS can help such members - including to find NEW Jobs?
In Malaysia, the Trade Union Act has been amended, and has come into force in September 2024.
The amendments are significant, and it will benefit workers and Trade Unions.
For a long time, the law was that a UNION member, is no longer a Union member the moment he is no more employed - he/she could have been WRONGFULLY dismissed, wrongfully retrenched, no more an employee because his 'short-term' employment contract ended and the employer chose to hire some other but NOT this former worker...
When workers are dismissed from employment, many still have claims against the employer for wrongful dismissal, for unpaid wages, etc - but because he/she is NO more a Union member by law, the worker CANNOT RELY on Union support/assistance at the time when he/she most needed it.
UNIONS too could not help these workers(now considered ex-Union members) when they most need UNION assistance and/or support. UNIONS also could not use their monies/resources to help such workers - because then they may get into trouble with the LAW.
NOW, after the amendment, that allows dismissed, discharged, retrenched, or has retired workers, the UNIONS can help these workers in their quest for justice against ex-employers by providing monies and other support.
UNIONS can also help provide such members that lost JOBS with some form of 'financial assistance' until they get new jobs and income... WORKER SOLIDARITY can me made real with UNION assistance...
WHAT CHANGED?
The Law before was as follows:-
Section 26(1A) of the Trade Union Act 1959 - 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.
The NEW law, after the amendment states:-
Section 26 now says....(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.
(1B) 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.
YES - Now, dismissed, discharged, retrenched and even retired members CAN continue to be Union members, that means that the UNION can still use their resources/monies to ASSIST such members pursue justice....(So, an ADDITIONAL good reason to join and remain Union Members, and Union will no longer be 'forced' to abandon members ...simply because they have lost their JOBS?
BUT WAIT - This is not automatic - the Trade UNION must amend the RULES of their Trade Unions before this can be a reality...
HOW many Malaysian Unions have already amended their UNION RULES to now allow dismissed, discharged, retrenched or retired workers REMAIN Union members???
UNION can help get JOBs for UNEMPLOYED members???
How can UNIONS do this? By entering into the CBA a clause requiring the employer, in the event there is a JOB VACANCY, to inform the UNION who will then nominate qualified Union Members(all those without jobs) to be considered first to be employed to fill the Vacancies in the employer company. The employer can only reject if the said UNION members do not have needed qualification/skill to fill that JOB vacancy. >> This is ONE WAY Unions can help members get JOBS, or even get Union members to be considered first for any provisions.
EXAMPLE of this CBA Clauses:-
The Employer agrees that when a vacancy occurs or a new position is created at the workplace , the Employer shall give its Union members first consideration in filling the vacancy or new position, provided there are no employees currently on lay off who shall be prioritized. Each Union member who applies for the vacancy or new position shall be employed unless he/she fail to possess the needed skill/qualification required for such position.
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