Please enable JavaScript.
Coggle requires JavaScript to display documents.
ISSUES RELATED TO COLLECTIVE BARGAINING - Coggle Diagram
ISSUES RELATED TO COLLECTIVE BARGAINING
Article 1: Malaysia;Minimum wage includes service charge in collective agreement dispute
The case was filed under
Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar Dan Restoran, Semenanjung Malaysia
on Crystal Crown Hotel Sdn Bhd.
ISSUE:
Unwillingness of Hotel to do collective bargaining with a trade union.
Trade union proposed to retain the service charge system together with a salary adjustment of 10%
The Hotel proposed to include service charge to pay the minimum wage
Decision of Federal Court
:
Minimum wages’ means the basic wages determined by the Parliament under a minimum wages order thus basic wage should not include service charge.
Federal Court stated that service charge cannot be a part of the basic wages as it falls within the definition of ‘other cash payments’.
COVID-19 pandemic which affects the hotel industry as a whole cannot be a reason for the Courts to depart from the accepted principles of law in respect of the construction that ‘service charge’ is not a part of ‘basic wages’ under the minimum wage legislation.
Article link :
https://www.ganlaw.my/no-escape-from-paying-minimum-wage/
Article 3: Tire maker Goodyear accused of unpaid wages, threats
Goodyear declined to comment on any of the allegations, citing the court process. According to the court ruling last year, Goodyear Malaysia argued that foreign workers are not entitled to the benefits of the collective agreement because they are not union members.
A union representative testified that foreign workers are eligible to join and are entitled to the benefits in the collective agreement even if they are not members. The court agreed that the foreign workers’ job scope entitled them to those benefits.
Goodyear has been fined in 2020 for overworking and underpaying foreign employees. One former worker said the company illegally kept his passport, showing Reuters an acknowledgement letter he signed in January 2020 upon getting it back eight years after he started working at Goodyear.
Workers said they faced intimidation from Goodyear after they filed the lawsuits. Goodyear declined to comment.
Goodyear Tire & Rubber Co is facing accusations of unpaid wages, unlawful overtime and threats to foreign workers at its Malaysian factory, according to court documents and complaints filed by workers.
Article link
Goodyear in 2020 was charged over nine violations of labour laws, unrelated to the lawsuits, regarding excessive hours and wrongful salary deductions for over 41,500 ringgit ($10,050).
The workers alleged the company was not giving them shift allowances, annual bonuses and pay increases even though these benefits were available to local staff, who are represented by a labour union.
Article 2: MTUC urges Malaysia Airlines to recognise Nufam now that apex court has ruled in union’s favour
MAB is urged to grant immediate recognition of the National Union of Flight Attendants Malaysia (Nufam).
MTUC secretary-general J Solomon said too much time had been wasted because of the legal battle which the airline instituted.
Nufam has stated that they have submitted two forms of 9A toward MAS Airline Company but the company denied receiving
-First form was not receive
-Second form was sent to the wrong address
-Third form was sent to MAB company at Sepang but there was no response
MAB takes 2-3 months to return back the letter even though the process is not complicated.
Nufam also stated that,
Employee Committee Council that has been established by MAB purposely cover the worker because they don't have the policy that can speak up for the workers.
It seems like MAB is trying to preventing the workers from speaking up for themselves.
