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Trade unions in Malaysia
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Trade unions in Malaysia : ウィキペディア英語版
Trade unions in Malaysia

Trade unions in Malaysia are regulated by the Trades Unions Act 1959 (TUA) .
== Membership ==
While the Malaysian constitution guarantees the rights of all Malaysians to form and join a trade union, there are several restrictions imposed by the laws relating to trade unions, i.e. the Trade Unions Act 1959 (TUA) and the Industrial Relations Act 1967 (IRA)
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. 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 enterprise or in-house union, membership is confined to employees of that particular establishment or company - employees of the
company’s subsidiary or an associate company could not join that union. 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.
Generally 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.
The TUA protects workers from being victimised by an Employer for joining a union. However, the same section of an act states explicitly that an employer may dismiss, demote, transfer or refuse to promote a worker on other grounds. However it has not stopped employers form dismissing trade union officials for writing Union circulars (Industrial Court Award Trienekens Sarawak Sdn Bhd)
The IRA allows employers to prohibit management, executives and those who work in a confidential or security capacity from joining a union. The definitions of these terms are left to the employers' discretion. In practice, some employers classify all clerical staff as working in a confidential capacity and production workers as working in a security capacity since they oversee their machines.
Should the DGIR fail to get both parties to reach an agreement, the matter will be referred to the Human Resources Minister. The minister will investigate and make a decision which may not be overturned by a Malaysian court.
The government policy of segregating trade unions and promoting enterprise unions over national and industry unions has, stifled the trade unions movement. Only 3% of private sector workers are trade union members, and less than 2% are covered by collective agreements. While the number of trade unions has increased most of the unions are in-house unions with less than 100 members.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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