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TRADE UNION CONSTITUTION AND MANAGEMENT (Accordance to the Trade Unions…
TRADE UNION CONSTITUTION AND MANAGEMENT
(Accordance to the Trade Unions Act 1959)
1. Outline the contents of the Trade Union Constitution.
• Change of name
• Amalgamation
• Employees of trade union
• Registered Office
• Officers
• Union rule
• Membership of minors, public officers, and employees of statutory authorities
• Trustee
2. What are the duties and powers of a registered trade union?
Section 29
A registered trade union may employ and pay a secretary, treasurer or any other persons necessary for the union
Section 31
Union also may change its name
– by at least 50% of members agreed to the changes
Section 32
Amalgamation - any two or more trade union whose members under similar trades, occupations, or industries -may become amalgamated (unite to form one union)
Section 33
Transfer of engagement - in the case of transfer of membership, transfer of property and etc. It requires to pass special resolution
– Passing special resolution required:
Notice call for meeting must specify the intention to the resolution 'transfer of engagement’.
Pass resolution by 2/3 of the members present or entitled to vote.
Section 37
Establish a registered office situated in West Malaysia, Sabah, or Sarawak
Section 38
Union must establish union rule and the rules must contain the provision in the First Schedule
Section 40
Trade union shall take secret ballot to make decision on the following matters, such as election of delegates to general meeting, election of officer, dissolution of union, imposition of levy and etc
Section 40A
A registered trade union also may impose a levy (mandatory contribution other than entrance fee e.g., fine, or extra fees) on its members. However, any imposition of levy must agree by at least 50% members votes in favour of that.
Section 41
A registered trade union need to exhibit prominently in its registered office - the names and titles of the officers and employees of that union
Section 43
A registered trade union shall have at least three trustees, unless the union use a corporation that is approved by the DGTU as sole trustee
Section 49
A registered trade union may invest its fund at the following purposes
i. Purchase any land or building.
ii. Invest in any securities.
iii. Deposit its funds in the Bank Simpanan Nasional, any bank incorporated in Malaysia or any finance company.
iv. In any registered cooperative society or in any commercial, industrial, or agricultural undertaking or banking enterprise (incorporated in Malaysia)
3. Who can be a union officer?
Unions are led and managed by executives elected by the members at biennial or triennial conferences.
If the union has branches (largest unions) - council member can be appointed to represent each of branches
Criteria to be executives:
Malaysian citizen who has been employed at least 1 year in the related trade, occupation, or industry.
Office bearers or employees of a political party
Convicted of any criminal offences or have been adjudged bankrupt.
4. Who can be a union employee?
• Large trade union will employ full-time staff to run daily business of union.
Criteria to be employees
Malaysian citizen
Officer or employees of other trade unions
Office bearers or employees of a political party
Convicted of any criminal offences or have been adjudged bankrupt.
5. Identify five (5) purpose of the trade union funds?
• Under Sec 50, the funds can be used on the following purposes:
Payment of salaries, allowances and expenses to officers and employees of the trade union
Payment of costs and expenses of the administration of the trade union
Prosecution or defence of any legal proceeding
Expenses related to the settlement of trade disputes.
Compensations to members for losses of trade disputes (e.g.: strike allowance)
Allowance to members and their families due to death, old age, sickness, accident, and unemployment
Expenses related to the publishing of newsletter.
Expenses related to union/members' activities.
6. What Director-General of Trade Union can do?
Register or refuse to register a union.
Cancel the registration of a union.
Suspend any branch of a trade union.
Register the change of name for a union.
Carry out investigation in the case of strike or lock-out carried out contravene with the Act.
Accept dissolution of union which performed in accordance to the rules of trade union.
Hear and determine any disputes between union with any other parties.
Order the account books and other records of a trade union to be made available for inspection or audit.
Summon witnesses in giving any information.