The National Union of Banking Employees (NUBE) has called on the Minister of Human Resources for failing to uphold the law with regards to the unions’ discussions with the Malayan Commercial Banks’ Association on festival Aid.
The union said the Ministry had transgressed the bounds of the Section 19 of the IR Act 1967, by conducting conciliating proceeding with “an employer who is the party to the trade dispute,” without the representation of “a trade union who is a party of workmen which is a party to the trade dispute,” and by acting as if he is a party of the employer, instead of being a neutral and objective third party.
However as of the Section 19 of the IR Act 1967 it clearly states that Representation in conciliation proceedings must involve an employer who is a party to the trade dispute and a trade union of workmen which is a party to the trade dispute
The act also clearly states that “the Minister may, at any time, if he considers it necessary or expedient, take such steps as may be necessary to conciliate in any trade dispute.”
In other words, the act clearly stipulates that the Minister’s role is to act as a neutral and objective third party that conciliates a trade dispute.
NUBE said this has led to the workers receiving an inferior and regressive bargain compared to the previous Festival Aid agreement which NUBE had signed with the employers in the previous year.
The DGIR and all his officers in the IR Department are fully aware that the action of the Minister is contrary to the law and the principles of the reconciliation which they have been assigned to adhere to since Section 19 of the IR Act was enacted. Are the Director General and Senior Officers of the IR Dept told not to correct the Minister if he does not uphold the law?
It further added that if the Minister inadvertently made a mistake and he amends the mistake, it is willing to look past the regrettable incident.
However, it noted if the Minister continues to misuse his Ministerial position to abuse the laws that he is duty bound to uphold, he is setting a bad precedent for the 16 million workforce and the entire government machinery.
NUBE said the inaction of the government on the MOHR might cause an impression that the laws are only applied to regular people but not the Ministers.
This unfortunate situation undermines faith in the reconciliation process, potentially biasing it in favour of employers and leading to non-transparent agreements that disregard worker interests. Leaving workers in a limbo and raises a critical question: Is there true “justice” for workers and trade unions in this country?
This is not only bad for people and the business, for which investor or citizen will be interested to invest or remain in a country where the law cannot be guaranteed to protect their interest and rights.
It also emphasised that this can weaken the nations and government’s international reputation, to the point that if Malaysia or the Malaysian government were to cry foul about other governments or nations acting in an unjust and cruel manner to innocent mankind in other parts of the world, our condemnation of their action might simply fall on deaf ears.
The union said Malaysia will be seen as a hypocrite and why should Malaysians be condemned just because one Minister chose not to uphold the law and continue to protect his image even at the expense of the poor workers.
