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Do we need a trade union?

Discuss the statement with reference to:

(a) the role of a trade union in Malaysia now;

Workers in Malaysia have the right to form and join trade unions protected in
Article 10 of the Federal Constitution and Section 4 of the Industrial Act 1967 1
(hereinafter known as IRA 1967).

The IRA 1967 must be read together with the Trade Union Act 1959 (hereinafter
known as TUA 1959 as their purpose is to create 'Industrial Harmony', maintained by
the application of rule of law and the Federal Constitution with trade union acting as
the catalyst agent to promoting 'good industrial relations'.2

Section 2 of TUA 1959 defines trade union or union as any association 3 or


combination of workmen or employers4, the working place either in West Malaysia,
Sabah or Sarawak5 either permanently or temporarily6 within any particular

1
Act 177
2
This was held in the case of NATIONAL UNION OF BANK EMPLOYEES v. DIRECTOR
GENERAL OF TRADE UNIONS & ANOR [2014] 3 MELR 614 ; In defining Industrial
Harmony, the Report of National Commission on Labour (India) states that the concept of
industrial harmony is positive and comprehensive and it postulates the existence of
understanding cooperation and a sense of partnership between the employers and the
employees.
3
A trade union need not be called a union. Many unions call themselves associations. This
is particularly common where the members are professionals or senior officers, e.g. The
University of Malaya Academic Staff Association. All the unions of employers are labelled
associations, e.g. The Malayan Commercial Banks Association.
4
Section 4(2) of IRA 1967 - provides distinction between trade union of employer and
employee as this subsection prevents interference of these trade unions in each other
establishment, functioning or administration of their trade union.
5
Membership of unions is limited geographically based on the place of works. Membership
in a particular union, therefore, is limited to workers in any one of the three geographical
regions. This leads to some duplication of unions. Eg. Kesatuan Pekerja-Pekerja Securicor
(M) Sdn Bhd, Sarawak and Kesatuan Pekerja-Pekerja Securicor (Malaya) Ltd
6
Temporary workers, contract workers including foreign workers could actually join union
as members. However, 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.

2
establishment trade, occupation or industry7 or within any similar trades, occupations
or industries8 and share at least one of the following objectives.9

The first role or objective of trade union provided in section 2(c)(i) of

TUA 1959 is to regulate the relations between workmen and employer. This

is to promote good industrial relations between the parties, to improve the

workmens working conditions and enhance their economic and social

status which benefits the workmen and also to increase productivity, in

which the employer will benefited from it.

This is achieved through negotiation of collective bargaining to conclude

collective agreement between employers and employees 10. This is established in the
case of National Union of Bank Employees v Director General of Trade Unions &
Anor11.

With the collective agreement concluded, the rights, working conditions will be
enhanced since the term or condition of employment in a collective agreement must be
better or more favourable than any written law (include Employment Act 195512 and
also the individual contract of employment. 13Furthermore, the productivity can be
increased through bonus and remuneration based on performance. Thus, the trade

7
BRITISH AMERICAN TOBACCO (M) BHD EMPLOYEES UNION v. KETUA PENGARAH
KESATUAN SEKERJA, MALAYSIA & ORS [2012] 1 MELR 28 ; The court held that the
intention of Parliament was to encourage the flourishing of trade unionism when it
introduced the amendment to s 2(1) of the Act by inserting the word "establishment" in
1989. The intention was to enable the legitimizing of in-house unions in spite of the
existence of the national unions.
8
Unions of a general nature are not permitted. Members of a trade union must be
homogeneous, i.e. They must work in a particular establishment, trade, occupation or
industry and therefore possess common interests. The Director-General of Trade Unions will
decide which trades, occupations or industries are similar should any doubts exist. For
example, the Director-General has decided a number of times that the electrical industry
and the electronic industry are not one and the same, and, therefore, one union cannot
represent workers in both areas. KESATUAN KEBANGSAAN PERKERJA-PERKERJA
PERUSAHAAN ALAT-ALAT PENGANGKUTAN DAN SEKUTU v. MENTERI SUMBER
MANUSIA & ANOR [2016] MLRHU 102 ; the court held that it is clear that there must be
similarity in trade, occupations or industries in which it is for the Director General of Trade
Unions (DGTU) to determine.
9
Maimunah
10
Section 13, 14 and 17 of IRA 1967 provides for collective bargaining, collective
agreement and its effect respectively.
11
[2014] 3 MELR 614 The court held that which held that trade union regulate the
relationship between employer and employee to protect the rights of its members by
involving in the negotiation of collective bargaining and concluding collective agreement.
12
Act 265
13
Section 14(3) of IRA 1967

3
union through collective bargaining mechanism, strives for better terms and conditions
of employment for its members, which individual workmen otherwise are unable to
obtain. Besides better wage system, social and health protection, it had resulted for
more legislation related to labour rights and employment protection.

However, trade union could not improve all employeess working conditions and
socio economic status since managerial, executive, 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. 14 There is another restriction in the
role of trade union to improve the rights of employees and workmen. The employer
although could not victimise the workers for joining a union. 15 However, an employer
may dismiss, demote, transfer or refuse to promote a worker on other grounds.16
Besides, it has not stopped employers form dismissing trade union officials for writing
Union circulars17

The second role is in section 2(c)(ia) of TUA 1959 which is to regulate the
relations between its members18. This is provided in the unions constitution which laid
down the general constitution of trade union, the obligation of its members and etc.
Trade union also play a role in developing workers culture involving solidarity,
understanding, cooperativism and compassion for one another at the workplace and
the community at large besides to encourage worker education and networking.

The third role is provided in section 2(c)(ii) in which trade union also represent its
members, either workmen or employees in trade disputes. This is allowed by IRA

14
This is provided in section 9(1) of IRA 1967
15
Section 5(1) of IRA 1967
16
Section 5(2) of IRA 1967
17
KANDU SUGANG & ANOR v. TRIENEKENS (SARAWAK) SDN BHD [2012] 4 MLRH
309 which did not allow the judicial review of a decision of Industrial Court which allowed
the dismissal of the trade officials for writing and distributing a union circular (which is at
the instruction of the union) that called for a boycott of the companys family day, which
was held on a Sunday. The court agreed with the Industrial Court that the employees
cannot claim immunity as union officials if their actions breached their terms of
employment and amounted to serious misconduct. The court held that the Industrial Court
was correct in its finding that the terms of the employment had been breached because
the applicants had, apart from boycotting the family day, went a step further to instigate
other employees who are union members to participate in the boycott as well. This
decision was upheld in Federal Court as well.
18
either between workmen and workmen in the case of workmen trade union or between
employers and employers in the case of employer trade union

4
1967. For example, in s19B(1)(a)(ii) & s19B(1)(b) of IRA 1967, trade union can
represent its member in conciliation proceedings while based on s20(6)(a)(ii) & (b)(ii)
of IRA 1967, trade union can also represents its members in proceedings on
representation of dismissal and section S27(1)(a), (b), (c) of IRA 1967 allows trade
union to represent its members at proceedings before the Court 19. Besides, section 36
allows trade union to represent its members in proceedings before a Committee of
Investigation or a Board of Inquiry.

Trade union also plays a role in the conducting of, or dealing with trade disputes
and matters related thereto as provided in section 2(c)(iia). Trade union can be the
reason why trade dispute arises, for example, when request of recognition by trade
union was rejected by the employers. In dealing with trade dispute, trade union can
report to DGIR20 for the dispute to be resolved 21. The trade union is also required to
furnish DGIR with documents, information and attend a compulsory conference, if
necessary.22
The final role is provided in section 2(c)(iii) in which if there is no other choice,
then trade union have to promote, organise or finance industrial actions such as strikes
or lock-outs is any trade or industry, or provide the provision of pay or other benefits
for its members during a strike or lock-out. Strikes and lock-out used to compell their
employer and employee respectively to agree to terms or conditions of employment
when the party are unable to negotiate a collective agreement. 23 However, there are

19
This is affirmed in the case of National Union of Bank Employees v Director General of
Trade Unions & Anor [2014] 3 MELR 614 where the court held that trade union also
represent employees in Industrial Court in their trade dispute with their employers
20
Section 18(1)(b) of IRA 1967
21
provided in section 18(2) and 20(2) of IRA 1967
22
Section 19of IRA 1967
23
Article How strikes and lock-outs can benefit the members - Strikes, Lockouts &
Picketing at http://www.alrb.gov.ab.ca/faq_strikes.html

5
restrictions on industrial actions which hampers the role of trade unions as laid down
by the law, i.e section 1024, 40(1)25, 40(2A)26, 4427 and 4528 of IRA 1967.

This definition gives a trade union the power to assume a social role (regulating
relations among its members),as well as an economic role (regulating relations
between employers and employees) through collective bargaining,and that of
protector of membersrights (grievance processing and the conducting of trade
disputes).29 The main purpose of trade union is to provide service to its members and
this traditional role has not changed at all. However, its role is restricted by the
various laws affecting its efficiency.

(Part 1 : 903 words)

(b) the role of a trade union in Malaysia when Malaysia becomes a high income
nation in 2020;

A high income country is defined by the World Bank as a country with a gross
national income per capita above US$12,73530 as of 2014. Malaysia is now
categorised as a upper middle income country with US$11,12031.

There are five key economic characteristics in a high-income nation, namely: 1)


knowledge and innovation-intensive economic activity, 2) competition-driven private
sector-led economy, 3) Government as a facilitator of economic growth, 4) deep
global and regional integration. The final characteristic is greater balance between

24
Section 10 prohibits industrial action prior recognition
25
Section 40(1) picket will be unlawful if if it is not to obtain & communicate info peacefully
or to persuade workman from working or abstain from working and if the picket intimidate
any person, obstructs and leads to a breach of peace.
26
Section 40(2A) provides that no picket is allowed a) during the pendency of the
proceedings of a Board of Inquiry and within 7 days after the conclusion of these
proceedings, b) after the trade dispute is referred to the court and the parties had been
notified about the reference to the court, c) after the YDPA withheld the consent to refer
the dispute relating to any Government service or the service of any statutory authority in
the proviso of section 26(2) and the parties had been notified.
27
Section 44 provides the prohibitions of strikes and lock-outs
28
Section 45 provides for the strikes and lock-outs to be illegal if it fall under any of the
circumstances
29
http://www.bakermckenzie.com/files/Uploads/Documents/Supporting%20Your
%20Business/Global%20Markets%20QRGs/Trade%20Unions%20and%20Works
%20Councils/qr_malaysia_tradeunionsguide_2009.pdf
30
https://en.wikipedia.org/wiki/World_Bank_high-income_economy
31
http://data.worldbank.org/country/malaysia

6
domestic and external demand. The domestic sector will contribute to growth through
higher and sophisticated private consumption by higher and larger middle income
group and through private investment in advanced automation and research and
development.This will be complemented with high productivity.32

The question that arises from here is whether the role of trade union would
remains the same or not when Malaysia become a high income nation. If it is not, then
what are the necessary changes needed.

In view of the restrictions on trade union rights in Malaysia, determined measures


are needed to comply with the commitments Malaysia accepted. 33 Malaysia should
ratify the three unratified International Labour Organisation (ILO) Conventions
especially on Conventions No. 87 on Freedom of Association and Protection of the
Right to Organise because usually the high income nations are the greatest advocate
for human rights to attract talented multi-skills workers. Besides, this could help
Malaysia to promote deeper global and regional integration.

Based on these characteristics of a high income nation, Malaysia need to revamp


or made some amendment to the law and the role of trade union. Malaysia need to
reduce the trade union representing low income workers since when Malaysia is a
high income nation, majority of the workers are now high income and consists of
professionals, managers, Executive and technical experts. Currently, these group of
people are prohibited to form the majority of membership of trade union of
workmen.34 Therefore, this provision need to be changed to recognises the trade union
in which employee in managerial, executive, confidential and security capacity form
the majority. Thus, trade union of general workers (low and middle incomes now
become the minority in Malaysia should be reduced.

32
Bank Negara Malaysia
33
at Singapore, Geneva and Doha in the WTO Ministerial Declarations over 1996-2001, and
in the ILO Declaration on Fundamental Principles and Rights at Work in 1998 and its Social
Justice Declaration in 2008.
34
Section 9(1) of IRA 1967

7
In a high income nation, there will be more knowledgeable and multi-skilled
workers. This require continuous training. Thus, there must be changes of the focus of
trade union in collective bargaining and collective agreement since the focus now is
on the basic terms and conditions of employment such as wages. Currently, the trade
union did not focus on the training35 of the employee.

However, some of the trade union such as unions in banking sector took
initiatives by providing huge amount of their budget for training of their members.
For example, the National Union of Banking Employees (NUBE) 36. In addition,
Bar Council had approved the resolution in 2016 on The Continuing
Professional Development (CPD) Scheme37 as part of the training of the

lawyers.38

Meanwhile, there is a legislation, i.e Pembangunan Sumber Manusia

Berhad Act 200139 which requires employer to contribute for training. However,

this mechanism is not taken seriously. Thus, Malaysia should adopt a more flexible
approach such as allow for in-house training because it is more convenient for the
employee to attend as they do not need to travel to other places for training.

Apart from shifting the focus to providing training in negotiating collective


agreement, Malaysia as a high income nation should also increase its annual
membership fee for members of affiliated unions so that they could provide training
to their members. Currently, the annual membership fee for members of

35
Training is vital for upgrading and acquiring skills for workers. Trade unions should now
focuses on negotiating for this provision to be included in the collective bargaining. Though
training and education, the workers will be able to better position themselves when there
are necessary changes in their employment, such as intoduction of new technologies,
redesigning jobs and outsourcing.
36
NUBE has its own training centers and conduct various training to equip their members
with knowledge and improve their knowledge not only of trade union and labor matters but
also of personal development such as leadership
37
To maintain and improve the standards of conduct and learning of the legal profession in
Malaysia and to inculcate a culture of continuing professional development in Members
38
http://www.malaysianbar.org.my/malaysian_bar_s_resolutions/resolutions_adopted_at_the
_70th_annual_general_meeting_of_the_malaysian_bar_held_at_renaissance_kuala_lumpur_h
otel_saturday_19_mar_2019.html This scheme shall take effect for a 24-month cycle from 1
July 2016 until 30 June 2018. All new entrants shall be required to obtain a minimum of 16
CPD points per 24-month CPD cycle, or as shall be specified thereafter, from the date their
first Practising Certificate is issued (CPD requirements).
39
Act 612 ; section 20(6)

8
affiliated unions is RM 1.0040 which was decided in 1978.41 This would

subsequently . Thus, there is a need for a review on the annual

membership fees to enables unions to effectively manage their various

activities and play their role more actively.42

Besides, modern technology in a high income nation now makes it possible for a
flexible labour force. Thus, instead of one workforce, there will be various groups
(part time, work from home and outside national borders), each with different
contractual arrangements and requiring to be managed differently. Therefore, trade
union should now representing these different kind of groups also. In addition, the
trade union should shift the focus of collective bargaining from the nation/industry
level to the enterprise level since the issues of employment relationship are
increasingly workplace-related as seen in many high income nations, such as United
States, United Kingdom. Thus there is a need for trade union to play a more important
role so that the employer will accommodate different types of employment contracts,
and different types of pay systems to reward performance and skills.43

When Malaysia become a high nation, there will be a focus on high productivity
and efficiency which in this stage, extremely important to employer and they will be
more than willing to reward the employee because the employee will then able to do
more work in a shorter time. Thus, there should be a shift in paradigm especially in
the trade union approach in order to fight for the welfare of employee. Instead of
encouraging employee to work overtime to gain more wages and wasting time
opposing the employers, the trade union now should be playing its role in influencing

40
Rule 5(2) on Rate of Affiliation fees, http://www.mtuc.org.my/about-us/constitution
41
While almost every good or service has seen manifold increases in price, this fee has not
changed in the last 30 years (MTUC, 1978: 20).
42
The Genting Declaration did state that due to an increased budget, increased affiliation
fees would improve the financial position of MTUC. http://www.amco.org.my/n-
archives/The_Future_of_the_Trade_Union_Movement_in_Malaysia.pdf
43
http://www.ilo.org/public/english/dialogue/actemp/downloads/publications/srsirhrm.pdf ;
The Changing Focus of Industrial Relations and Human Resource Management Paper
presented at the ILO Workshop on Employers' Organizations in Asia-Pacific in the Twenty-
First Century Turin, Italy, 5-13 May 1997. By Sriyan de Silva(1) Bureau For Employers'
Activities International Labour Office Geneva April,1997

9
the employees to improve their productivity and efficiency. Thus, in this way, trade
union will then changed to be more open to more discussion and negotiation rather
than confrontation with the employer as confrontation will only hamper economic
growth and the welfare of the members, especially when Malaysia become a high-
income nation.

Besides, there should be a reduction in industrial actions. Trade union at this stage
should be more self-regulatory since in a high income nation such as Malaysia i the
future, there will more liberalisation and deregulation. Therefore, there should be less
reliance on the court for remedies/relief/solution to industrial dispute. Trade union
should now play more role and be in control of the situation when they must replace
confrontation style with negotiation and discussion. Thus, trade union should now be
given more autonomy. The existing laws are still relevant but it requires a change in
approach and amendment to allow check and balance to ensure industrial harmony.

More specifically, trade union of employers need to have a proactive and


preventive role. They need to promote the importance of improved cooperation and
consultation and effective negotiation to address workplace issues, thereby avoiding
or limiting industrial disputes and to improve productivity. To achieve this objective,
the trade union of employers in Malaysia should developing and/or maintaining an
effective representational role and developing an sound information data base.44

Trade union will play an active representational role to governments in relation to


national labour policies and legislation, but also for securing public understanding
and/or support on certain issues.

When Malaysia become a high income nation, there is a need for more effective
unionism in implementing strategies to increase productivity. This form of unionism
is therefore proactive and strategic in approach, and is no longer concerned with union

44
http://www.ilo.org/public/english/dialogue/actemp/downloads/publications/dmirglob.pdf
INDUSTRIAL RELATIONS AND GLOBALIZATION: CHALLENGES FOR EMPLOYERS AND THEIR
ORGANIZATIONS Prepared by David Macdonald Senior Industrial Relations Specialist
ILO/EASMAT Bangkok Paper presented at the ILO Workshop on Employers' Organizations in
Asia-Pacific in the Twenty-First Century Turin, Italy, 5-13 May 1997.

10
actions which are restrictive in nature (eg, seeking, by various means, to limit
change). The development of effective unionism is contingent on the recognition and
application of the rights of freedom of association, to organize and to bargain
collectively.45

(Part 2 : 1200 words)

(c) Compare the trade unions in Malaysia with the trade unions in one of the
ASEAN countries (SINGAPORE).

Industrial relations and trade unions in Malaysia and Singapore are the result of
colonial of Great Britain and postcolonial regimes. The introduction of formal
Industrial Relations rules and regulations in Malaysia46 and Singapore47 focused on
the control of conflict.

Both Malaysia and Singapore have a declining unionism Union density. The
different industrial relations system is also a good representation of the different
levels of economic development with Singapore being newly industrialized countries
and Malaysia being newly emerging industrial nations.

Malaysia have a different industrial relations system with Singapore as Malaysia


is based on the state-employer-dominated model while Singapore is based on tripartite
model.48

45
Ibid
46
Hiers and Arudsothy (1999)
47
Chew and Chew (1995)
48
Kuruvilla and Venkitaratnam (1996)

11
In the 1980s, the governments of Malaysia and Singapore tried to impose
enterprise unionism. The government and the NTUC leadership in Singapore pressed
the traditional general unions and industry unions to become enterprise unions, also
after the Japanese-style cooperative model, while enterprise unionism was imposed in
electronics sector in Malaysia.

Both countries focuses on industrial peace as stability as it is seen as a


prerequisite for economic development. In effect, both Malaysia and Singapore have
the tendency in their industrial relations rules and regulations which focus heavily on
addressing or reducing conflict at the time of their inception,

In Singapore, the trade union movement exercises considerable strategic


influence at the national level as compared to Malaysia. This is because the National
Trades Union Congress (hereinafter known as NTUC) is formed under the Trade
Unions Act while the Malaysian Trade Union Congress (hereinafter known as MTUC)
is not a trade union, but a society registered with the Registrar of Societies. MTUC
have no bargaining power and to enforce collective agreement with legal effect as
compared to NTUC.

As a sole trade union centre in Singapore, the National Trades Union Congress
(NTUC), having three employers associations under its umbrella of 61 affiliated
unions. Unlike Singapore, MTUC only represent the employees while the employers
are represented by Malaysian Employers Federation (MEF) in the federal level.
Maybe, Malaysia could revamp its trade unions to make it similar to Singapore for
better representation and their voice will be heard by the government more effectively.

Both Singapore and Malaysia, which do not allow bargaining in relation to


matters falling within the area of so-called management prerogative (eg, transfers,
promotions, redundancies, etc). Both Singapore and Malaysia also require
certification of collective agreements, which may be subject to certain preconditions.

12
Both Malaysia and Singapore had encouraged performance-related pay system
and considered flexible pay systems (i.e based on productivity and/or profitability). In
both countries of Malaysia and Singapore, the initial impetus for changed pay
arrangements has come from government. To sustain export-oriented technology
strategies, Malaysia and Singapore have established Skills Development Funds to
improve national, regional and industry training systems and institutions to upgrade
workforce skills.

In Singapore and Malaysia, giving the industrial arbitration court the authority to
modify collective-bargaining agreements on the grounds that it did not meet the
national interest was another method of ensuring some degree of stability

The primary goal of the Industrial Relations system in both Malaysia and
Singapore was to maintain labor peace and, more generally, industrial stability. In
Singapore, industrial conflict was seen as a deterrent to foreign investment, whereas
in Malaysia, there were apparent political imperatives for industrial relations stability
because industrial relations stability was linked with political stability, and union
federations were not permitted to engage in political action in Malaysia.

Both Singapore and Malaysia has driven a continuous movement toward greater
numerical and functional flexibility in industrial relations to maintain firm level
competitiveness.

The governments of Singapore and Malaysia have provided the conditions for
functional flexibility in many respects. Singapore and Malaysia have ensured the
supply of skilled personnel for industry, and have created incentives for training and
upskilling via skills-development funds.

Tripartism only emphasised by Malaysia during the Asian economic crises and
has very limited objectives: to alleviate unemployment, to promote functional
flexibility, and to restrain social unrest in the wake of economic restructuring. This is
very different compared to Singapore who has adopted the model of tripartism

13
successfully, where the government steps in to intervene and mediate between
employers and employees. The original idea behind tripartism in Singapore was to
prevent disruptions and nasty disagreements between workers and their bosses.49
Thus, tripartisme model in Malaysia is temporary compared to Singapore which is
more organised and permanent.

Besides, in Singapore, various social dialogue channels at the national level have
played a key role in shaping the countrys social and labour policy framework as
compared to Malaysia where not all stakeholders are invited for the discussion.50

Strikes and lock-outs in restricted in essential services in both Singapore and


Malaysia. In Singapore, workers in gas, electricity and water services are prohibited
from striking whilst others are not allowed to strike unless at least 14 days notice has
been given.51 However, in Malaysia, there are only restrictions and no prohibition of
industrial actions in any essential service and the IRA 1967 allows industrial action to
commence 42 days without giving notice and 21 days of giving notice to the
employer. Thus, in Malaysia, there is a greater flexibility in conducting industrial
actions.

The main difference is Malaysia does not have tripartite mediation of dispute
tripartite mediation of disputes involving employer and executive employees which
are is a member of a trade union which has not been given recognition by his
employer with the assistance of mediation advisors to reach a dispute settlement
which is provided by Singapore.52 Malaysia could try to adopt the tripartite mediation
of dispute as it could solve dispute involving executive employees.

Unlike Malaysia who did not allow trade union whose majority membership are
employees in executive, managerial, confidential and security capacity to gain

49
http://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---
dialogue/documents/publication/wcms_158351.pdf
50
Andrew Lo, MTUC regrets workers groups left out of oil palm seminar, 1st April 2016
51
Kirsten Han, The sorry state of unions in Singapore on 8th June 2012
http://wagingnonviolence.org/feature/the-sorry-state-of-unions-in-singapore/
52
Singapore Industrial Relations Act, Chapter 136

14
recognition, Singapore on the other hand allowed limited representation of executive
employees53. This is something Malaysia should look and adopts it into its laws.

Singapore has higher female force labour force participation rate than Malaysia as
of 2013 where it is 63% in Singapore as compared to only 46% in Malaysia. There is
a need for Malaysia especially trade union to push for better working conditions for
the women, especially the married ones with children. For example, allow longer
maternity leave with pay54. This is to encourage married women to continue to work
with greater flexibility.

In conclusion, Malaysia could adopt the positive things about trade unions in
Singapore for efficiency and improvement. (Part 3 : 1000 words)

BIBLIOGRAPH

Aaron Neo and S Thiagarajan Ong Teng Cheong, Institute of Labour Studies
Singapore on Collective Bargaining in Singapore, Report on the Survey on Industrial
Relations in East Asia for ILO-Japan Multi-Lateral Project, 2006

Andrew Lo, MTUC regrets workers groups left out of oil palm seminar,
http://www.mtuc.org.my/mtuc-regrets-workers-groups-left-out-of-oil-palm-seminar/ ,
1st April 2016, accessed at 5th April 2016

Andrew Lo, Court ruling emboldens employers to bust unions


http://www.theborneopost.com/2014/08/19/lo-court-ruling-emboldens-employers-to-
bust-unions/, on 19th August 2014, accessed on 2nd April 2016

Export-Import Bank of India, Comparison of Labour Law on Select Countries,


August 2013

Fatimah Saida Roza Hazli Zakariab, Saad Mohd Said, The Determinants Trade
Union Membership Growth in Malaysia, December 2001,
https://www.um.edu.my/docs/librariesprovider7/working-papers/fea-wp-2001-
013.pdf?sfvrsn=2

https://www.ntuc.org.sg/wps/portal/up2/home/aboutntuc
53
Susan de Silva, Singapore : Rank & File Unions to fully represent executives, 29th January
2015 http://www.twobirds.com/en/news/articles/2015/singapore/rank-and-file-unions-to-
fully-represent-executives
54
Digi Telecommunications Sdn Bhd announced its new six-month fully paid maternity
policy for its employees effective Jan 1, 2016. This is to attract and retain the best talent,
male or female. http://www.mtuc.org.my/digi-introduces-six-month-paid-maternity-policy/

15
Maimunah Aminuddin, Employment Relations in Malaysia, Past, Present and
Future at New Zealand Journal of Asian Studies 11, 1 (June 2009): 304-317,
http://www.nzasia.org.nz/downloads/NZJAS-June09/22_Maimunah_3.pdf accessed at
1st April 2016

Maimunah Aminuddin, Malaysian Industrial Relations & Employment Law,


2013, published by McGraw-Hill Education (Malaysia) Sdn Bhd

Sarosh Kuruvilla Cornell University, Christopher L. Erikson on Change and


Transformation in Asian Industrial Relations, on April 2002

Siti Zaharah Jamaluddin, Pengenalan Kepada Undang-Undang Perhubungan


Perusahaan Di Malaysia, Edisi Kedua, 2011, published by Penerbit Universiti Malaya

Vanessa Ee-Lyn Gomes, Workers have right to protest, says MTUC, published on
2nd May 2015 accessed at 30th March 2016 and 5th April 2016 at
http://m.themalaymailonline.com/malaysia/article/workers-have-right-to-protest-says-
mtuc

16

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