Trade union is any association or combination of employee or combination of employer wether temporary or permanent and within any particular trade, occupation or industry or within any similar.public sector consist of civil service,statuatories body and local authorithy.example of trade union in public sector nation union of teaching profession NUTP, Malayan nurse union, Malayan technical services union.
First characteristics of Trade Union in the public sector are no public officer can join or form union unless exempted by Yang di-Pertuan Agong (YDPA) (Ayadurai, 1982).
It means no one public officer may involve in Trade Union unless getting the exemption by YDPA. This characteristic also stipulated in the Trade Union Act under section 27 (1) which no public officer shall join or be a member of any trade union or shall be accepted as a member of any trade union. YDPA may make an exemption by notification in the Gazette which the exemption must be specified and clearly mention who are the people that get the exemption.
The people that get permitted can form and join trade union.some of the public officer that cannot join trade union due to some reason such as member of royal Malaysian police,member of any prison services,member of armed forces, public officer that engaged with security and confidential capacity, Public officers holding any post in the Managerial and Professional Group, except those excluded by a direction in writing issued by the Chief Secretary to the Government. Member of armed forces cannot join trade union because of security and confidential capacity, if they join strike or lockout, they tend to expose the secret of the country to others party.
The members of prison services are not allowed to join Trade Union as they are affect the prisoner if they assemble legal strikes or lockouts. This is dangerous to the people around if the dangerous prisoner is escaped when they doing legal strikes or lockouts.
Furthermore, the characteristic of trade unions in public sector is the percentages of unions are dropping as many government bodies have been privatized (Maimunah, 2011). This is happening not because of the unions has lost interested towards the trade unions but the government has implemented the Privatization Policy. Privatization policy is introduced by our former Prime Minister Tun Dr Mahathir Mohamad which generally this policy is implemented to reduce the financial burden of the country. In the past, the Government has spent thousands of millions of dollars in the health sector, defense, water, electricity, railways, ports, airports, etc. This make the expenses were increased from time to time and the rate of refund to the government is slow and very low. In addition, the government also had to maintain services which total emoluments are the biggest item that is more than a third of the total expenditure. (Polisi Malaysia, n.d).
For example, our former Prime Minister Dato Seri Dr. Mahathir bin Mohamad officially proclaimed Tenaga Nasional Berhad (TNB) to replaced National Electricity Board (NEB). TNB became a private company wholly-owned by the government . Thus, the National Electricity Board is now Tenaga Nasional Berhad has being privatized which make the no more the electrician union in the public sector anymore. This privatization is making to reduce the burden of the government to covers the electricity expenditure.
Furthermore, the characteristic of trade unions in public sector is the percentages of unions are dropping as many government bodies have been privatized (Maimunah, 2011). This is happening not because of the unions has lost interested towards the trade unions but the government has implemented the Privatization Policy. Privatization policy is introduced by our former Prime Minister Tun Dr Mahathir Mohamad which generally this policy is implemented to reduce the financial burden of the country. In the past, the Government has spent thousands of millions of dollars in the health sector, defense, water, electricity, railways, ports, airports, etc. This make the expenses were increased from time to time and the rate of refund to the government is slow and very low. In addition, the government also had to maintain services which total emoluments are the biggest item that is more than a third of the total expenditure. (Polisi Malaysia, n.d).
For example, on 1 September 1990, our former Prime Minister Dato Seri Dr. Mahathir bin Mohamad officially proclaimed Tenaga Nasional Berhad (TNB) as the heir and successor to National Electricity Board (NEB). TNB became a private company wholly-owned by the government thus the National Electricity Board is now Tenaga Nasional Berhad has being privatized which make the no more the electrician union in the public sector anymore. This privatization is making to reduce the burden of the government to covers the electricity expenditure.
Another example is Telekom Malaysia or TM. Before this it was known as the Jabatan Telekom Malaysia (JTM) which fully funded by the government and after it has been privatized it become Telekom Malaysia Berhad. It is happening in order to promote and raise the standard of the telecommunications sector in 1987. However, they were still regulated by the Ministry of Energy, Communications and Multimedia.
The next characteristic is the trade unions in the public sector must confine to officers within the same occupation, department or ministry (Wu, 1982). It means the trade union should be made up of the same industry which consists of the same occupation cannot be different occupation and ministry as stipulated in Trade Unions Acts 1959 trade union should be within any particular establishment, trade, occupation or industry or within any similar trades, occupations or industries. It is to make and ensure that discussion are possible with the employer on a logical basis which all of them will share the same goals and objectives in order to claim the better terms and conditions towards the employer. Therefore, it is so easy for them to discuss and do collective bargaining to achieve collective agreement or negotiation because they know and understand more each other about their background of the occupation themselves.
For example, National Union of Teaching Profession (NUTP) consists of members that the background is the same occupation that is teacher and the same ministry that is Ministry of Education which lead the possible the discussion upon the employers for claim the better terms and conditions. It is because the teacher has the mutual interest or share similar matters within them as a teacher regarding any terms and conditions of the services. Thus, this organization may register as trade union under Trade Unions Acts 1959 which they send their applications to Director General of Trade Union (DGTU).
Another example can be seen through Congress of Unions of Employees Public and Civil Services (CUEPACS). CUEPACS membership is open and covers to all trade unions in the civil service who are registered in Peninsular Malaysia, Sabah and Sarawak. It covers all the same occupations which the similarity is all of the workers are the civil servants. CUEPACS will protect all the interest of the civil servants and helps the civil servants for the better claims of the terms and conditions. For example, CUEPACS has called on the government to expedite approval of the increase in housing fixed allowances of civil servants from RM180 to RM480 (CUEPACS, 2013).
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