1.0
INTRODUCTION
When we
have entered the workforce, there already have the associations that we can
choose whether to join or not. The purpose of this association is to protect
the employees. This association can represent the public and also in the
private sector. Therefore, there have some association just only represent in
public sector but the others can represent both sector which are public and
private. In Malaysia, there have three types of trade union which are the trade
union for employee of public sector, trade union for employee of the private
sector, and for the last type is the trade union for employer. They also
represent in national and international levels. The association that only
represent in public sector is CUEPACS while represent the both sector is a
MTUC. With this forming of trade union, the workman can voice out their demand
to employers. The rules for forming and joining a trade union are the same for
both unions of employees and of employers. These two associations that were being
introduced are to represent the workers in public and private sector. But there
are still have the some differences among these two associations. So that, the
aims or the purpose of this term paper is to explain what are the differences
CUEPACS from MTUC in their history of establishment, the objective, about their
membership, their function and also representation even their act as spokesman
is most likely same but the component that they practice was different.
2.0
DIFFERENCES OF CUEPACS AND MTUC
CUEPACS
is a federation of trade union of government workers and its serves as the
spokesman for the public services workers and was first registered in 1959. The
Trade Union Act, Section 72, stated that ‘two or more registered trade unions
in Malaysia whose members are employed in a similar trade, occupation or
industry may form or create a federation of trade union if the consent of the
members of each of the registered trade unions wishing to form or create a
federation has been obtained by a majority of votes taken at a general meeting
or a meeting of delegates, as the case may be, after services on the Director
General and all members of the union, not less than fourteen days prior to such
meeting, of notice of the proposed resolution to participate in the federation’
(Trade Union Act, 1959). Meanwhile, MTUC is a federation of trade union and
registered under the Societies Act 1966, it is the oldest National Center
representing the Malaysian workers. MTUC is the oldest national center
representing the Malaysia workers. The unions affiliated to MTUC represent all
major industry and sector with approximately 500000 members (Maimunah,
2013).
2.1
DIFFERENCE IN TERM OF HISTORY
Trade Unions were introduced in 1940 but no union
established until and after the war in which workers organized under a union.
In 1948, some of the leaders of trade unions of public sector have taken the
first step to establish a national body of Staff Council Government Services
(Government Services Staff Council) representing 40 Public Sector Unions body.
The main goal of this council was established to promote cooperation between
the union, which are employees and employers an in order to promote the
interests and welfare of employees. It is to make sure the welfare of employees
always been protected. For the good and welfare of workers in the public sector
and the latter, then efforts should be made to encourage all public sector
unions organized under a federal body. This is what has led to the approval of
the resolution by the Conference of Delegates on 24 April 1955 to establish a
body to be more efficient that CUEPACS. Between the aims is to encourage all
public sector unions joined the new body, regardless of position or grade of
service. CUEPACS finally has been registered under the Trade Unions Enactment
on 23 October 1957 a few months after the country gained independence. CUEPACS
First Convention was held on 6 September 1959 Following the compilation of the
Office of the Registrar of Trade Unions, CUEPACS has been registered on 12
November 1960 under the Trade Unions Ordinance 1959 (CUEPACS,
n.d.).
The
MTUC come into existence at a time when the first emergency was declared
against insurgent communist activities in 1948. On that time, workers had no
organization to look after their interest, protect them and also to represent
their view generally. During that time, the workers lose their benefits in term
of health, welfare and others because of the war by communist (Malaysian
Trades Union Congress, n.d.).
A few
union leaders who believed in free democratic trade unionism convened a
conference of trade union delegates on 27th and 28th
February 1948. When the conferences opened, 160 delegates from 83 of the 165
registered trade union where presented. After the registered had been made,
they use principle of voluntary and peaceful negotiation in all industry and
occupational in dispute. The position at 1st January 1949 and
registered in 1950 as a society under Societies Act 1966 (Malaysian
Trades Union Congress, n.d.).
2.2
DIFFERENCE IN TERM OF OBJECTIVE
The
first objective of CUEPACS is to promote the interest and improve the working
of its affiliate trade unions (Maimunah, 2013). This is means the workers will
improve their performance in their work because all their needs and demand will
be fulfill by their employers. This is because with this association, the
employees or the workman will voice out if they feel dissatisfaction with the
conditions or towards the employers. So that, if their demand will be fulfill,
so they will improve their efficiency in doing their work. In addition, they
will help to increase the performance of their company and also can be avoid
from the negative situation such as strikes, picket and so on.
The
second point under this objective of CUEPACS is to protect the interest of the
affiliate trade union and their members (Maimunah, 2013). This objective is
very important because this association will protect the employees from any
negative situation. This is because; some employers will misuse their power
towards the employees and do whatever they like without following the rules and
regulations. For example like the employers will dismiss their workman without
any proven and informal way. So the employees will report the action made by
employers if there is opposite with the rules and regulation. With this
association, employees will feeling valued over work there.
Next
objective that stated in CUEPACS is to endeavor to improve the conditions of
employment of the members of affiliate trade unions (Maimunah, 2013). This objective means they want to make sure
the conditions during the work always in harmonious situation among the
employers and also the employees. In others word, if all of them will work in
peace way, there is no dispute will occurs in that organizations. So that’s why
this association was being introduced because they want to improve the
conditions of the work place. If they work in peace way, they also can improve
the performance of their work.
Meanwhile the objectives of MTUC are to affiliate with or to subscribe
to or to assist any other non-political organization having objects similar to
those of the MTUC. Second, achieve complete organization of all workers either
by assisting its affiliate or by taking initiative to form new unions and
subject to advise and with the agreement or parties concerned, to act as
mediators in disputes between members of affiliate union or between such unions
and their members or between the unions themselves and improve the economic or
social conditions or workers in Malaysia (Malaysian Trades Union
Congress, n.d.).
In
addition, MTUC are ensuring public participating, Ownership and Management
Consistent with the national interest of the country, adequate participation in
the ownership and management of public services, industries and natural
resources such affiliation with National Labor Advisory Council and Employees
Provident Fund Board. With this objective, we can see that MTUC want to make
sure even though the workers has been retired, they also have the resources
that called pensions funds to survive their life (Malaysian
Trades Union Congress, n.d.).
Moreover,
MTUC also have the concern regarding employee’s welfare such as suggesting
wages and work hour to be enacted under law with legal maximum working of 40
hours. MTUC also ought to ensure full employment and provide maintenance for
unemployed as well as caters the training needs such as training centers and
relevant facilities (Malaysian Trades Union Congress, n.d.). Education benefits also become their objectives by
the provision of free compulsory education with opportunity for higher learning
include in academic and technical as well as professional. For example, it runs
education program to help union’s leaders understand their roles and
responsibilities.
2.3
DIFFERENCE IN TERM OF MEMBERSHIP
CUEPACS membership is open to all trade unions in the civil service who
are registered in Peninsular Malaysia, Sabah and Sarawak. In December 1990, 65
unions with a membership approximate 90000 were affiliated to it. Every
registered trade union who wishes to become members CUEPACS shall give notice
to the members 14 days before the General Meeting and the conference passed a
resolution at the general meeting of delegates or CUEPACS agrees sits. After
that, they shall submit an application to the Secretary-General for tabling in
CUEPACS Congress Council. Council Congress or authorized body have the right
whether to accept or refuse to join without giving any reason. Application
approved by the Congress of the Council or a duly authorized body shall submit
to the Director-General of Trade Unions for registration. For unions Statutory
Bodies or Local Authorities (LAs) require the approval of the Minister of Human
Resources in advance (CUEPACS, n.d). CUEPACS total membership over the last few
years has declined due to many Government Departments have been privatized and
become MTUC. Latest CUEPACS affiliate membership is comprised of 100 public
sector unions. Example trade union affiliate to the CUEPACS is Medical Research
Employee Union.
For
MTUC, the members are individual trade unions which choose to affiliate to it.
They have private and public sector employees union as a member of MTUC. In
2012, it had 240 members and most of which were unions in the private
sector. The MTUC shall consist of such
bona fide trade union organization as shall be affiliated in the manner
prescribe by these rules. Any such organization may make application to become
affiliated to the MTUC in the form prescribed for this purpose as Appendix ‘A’
to his Constitution and shall furnish two copies of its rules or Constitution
together with such other particulars and information as shall be required by
the General Council. The General Council shall on receipt of the applicant,
seek views of the unions in the group concerned already affiliated to the MTUC,
but shall have full powers to accept or reject any such applicant. However, the
General Council in considering application for affiliation shall also give due
regard to the membership position of the already affiliated unions as against
the total number of workers in the group concerned (Malaysian
Trades Union Congress, n.d.).
2.4
DIFFERENCE IN TERM OF FUNCTION
CUEPACS is also as a spokesman for the public services
workers. CUEPACS will try to help in financially or otherwise all or any of the
members of the unions and its members. In others word, if something happen to
the members, the union will helps the members as best as they can. For example
they help by giving any compensation, allowances, and insurance to the members
of the unions. CUEPACS also organize relationship between employees and
employers and the relationship between the Government and any member of the
Union members. This is to make sure the organization will always in harmonious
condition without any problem happen. If they work in peace way, they also can
increase the performance either by the employees or employers (CUEPACS, n.d).
In addition, CUEPACS assist any union
member or any of its members either financial or otherwise to acquire any legal
advice subject to the supply in Law Union Force. CUEPACS will help the members
to get the advice about the financial or otherwise. This is because CUEPACS
does not the members will misuse the opportunity given to them. So they must
advise them to use all that thongs in proper way (CUEPACS, n.d).
The
functions of MTUC are to do everything to promote the interest of its
affiliated organizations, to improve the economic and social conditions of
workers and render them assistance. Besides that MTUC also ought to ensure that
policies are developed and action taken to ensure full employment, to work
towards the establishment of a minimum wage a legal maximum working week of 44
hours and to establish training centers and extension of training facilities
for workers. By provide this training; employees can also improve their
performance in their work. In addition, this policy is also wanted to protect
employee’s right from exploitation. Moreover, MTUC have to establish Provision
for legislated Social Security measures to provide protection against sickness,
unemployment, old age, injury, invalidity and retiring benefits and promotion
of high standards of health, hygiene and welfare in all places of employment
and seek adequate compensation for workers disabled by accidents and diseases (Malaysian
Trades Union Congress, n.d.).
2.5 DIFFERENCE IN TERM OF REPRESENTATION
CUEPACS will represent and only focus to their
members. This is because CUEAPCS is more concerned about demand and needs of
public sector. In others word, this association is the union that focus on the
public employees. In addition, CUEPACS also represent the public employees to
emphasize the demand of the public servant in public sector. CUEPACS also
responsibilities to protect the material welfare and so on of their members to
make sure there is no problem occur in that organization. CUEPACS will also
listen to the members about anything they said towards employers and CUEPACS
will represent them to settle down it. This is to make sure there is no misuse
of power among the employers towards the employees. So to avoid that, employees
will report to this association about anything that they feel dissatisfied and
CUEPACS will represent them to settle this problem (CUEPACS, n.d).
Meanwhile, for MTUC they will organize by the government as the
representative of workers in Malaysia and is consulted by government on major
changes in labor laws through the National Joint Labor Advisory Council MTUC
also represent labor at the international Labor Organization Conferences and
Meetings. Because of that, it is possible to send many union leaders for
overseas courses, seminar and conferences (Malaysian Trades Union
Congress, n.d.). Besides
that, MTUC will also represent in two sector which are public and private
sector. Compare with CUEPACS, MTUC is more challenges because the scope of the
representation is largest. This is because MTUC is the first association that
was introduced to represent the labor or workers.
3.0
CONCLUSION
In a
nutshell, both of these associations have their own responsibilities and their
benefits to employers and employees. But these two associations have their same
aims and purpose which is to ensure the worker rights are protected. With this
association, they can also reduce the burden of government because this
association can help the employees and employers to solve their dispute or
problems with harmonious way with through an intermediary and not directly
government. However, CUEPACS and MTUC have a several differences in term of
history, objective, membership, representation and also their function. As we
know in 1969, CUEPACS decided to separate with MTUC because of they cannot
unite and work together anymore.
REFERENCES
Ayadurai, D.
(1992). Industrial relations in Malaysia: Law and practice. Kuala
Lumpur, Malaysia: Butterworths Asia.
CUEPACS | Kongres
Kesatuan Pekerja-Pekerja Di Dalam Perkhidmatan Awam. (n.d.).
Retrieved August 21, 2014, from http://cuepacsmalaysia.org/
Maimunah Aminuddin, (2013). Malaysian Industrial Relations &
Employment Law. p.140-142
Malaysian Trades Union
Congress. (n.d.). Retrieved August 21, 2014, from
http://www.mtuc.org.my/
TRADE UNIONS ACT 1959, (Act 262) & REGULATIONS
(2013). GOLDEN BOOK
CENTRE SDN BHD, SELANGOR MALAYSIA
hello .. im just want to ask something . is the information given correct or that is only your opinion ?
BalasPadam