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*TRADE UNIONS ACT 1959
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About this act
*TRADE UNIONS ACT 1959 is Malaysia Act, cited as Act 262 1959, currently marked in force and first recorded in 1959.
Opening note
Preamble
- An Act relating to trade unions. [Peninsular Malaysia — 1 June 1959, L.N. 192/1959; Sabah — 25 March 1965, L.N. 115/1965; Sarawak — 19 August 1965, L.N. 311/1965]
Part I
PART I
Section 1
This Act may be cited as the Trade Unions Act 1959.
Section 2
Interpretation
(c)
the refusal by an employer to continue to employ any number of workmen employed by him, in furtherance of a trade dispute, done with a view to compelling those workmen to accept terms or conditions of or affecting employment;
“Minister” means the Minister charged with responsibility for human resources;
Trade Union 11
“office-bearer”, when used with reference to a political party, means any person who is the president, vice-president, secretary, assistant secretary, treasurer or assistant treasurer of the political party, or who holds any office or position, by whatever name called, which is analogous to any of those mentioned above, or who holds any office or position in the political party whereby he exercises management or control of the affairs of the political party;
“officer”, when used with reference to a trade union, means any member of the executive thereof, but does not include an auditor;
*“Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory;
“person” means an individual, corporation, statutory authority, society, trade union, co-operative society, firm and any other body, organization, association or group of persons, whether corporate or unincorporate;
“public officer” means a person in the permanent or temporary employment of any Government in Malaysia;
“register” means the register of trade unions maintained by the
Director General under section 7;
“registered office” means that office of a trade union which is registered under this Act as the head office of the trade union;
“registered trade union” means a trade union registered under this
Act;
“regulations” means regulations made under section 58;
“statutory authority” means any authority or body established, appointed or constituted by any written law, and includes any local authority;
*NOTE—“Federal Territory” refers to the Federal Territories of Kuala Lumpur and Labuan are included—see P.U. (A) 274/1984.
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“strike” means the cessation of work by a body of workmen acting in combination, or a concerted refusal or a refusal under a common understanding of a number of workmen to continue to work or to accept employment, and includes any act or omission by a body of workmen acting in combination or under a common understanding, which is intended to or does result in any limitation, restriction, reduction or cessation of, or dilatoriness in, the performance or execution of the whole or any part of the duties connected with their employment;
“trade dispute” means any dispute between an employer and his workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any such workmen;
“trade union” or “union” means any association or combination of workmen or employers, being workmen whose place of work is in
Peninsular Malaysia, Sabah or Sarawak, as the case may be, or employers employing workmen in Peninsular Malaysia, Sabah or
Sarawak, as the case may be—
(i)
the regulation of relations between workmen and employers for the purposes of promoting good and harmonious industrial relations between workmen and employers, improving the working conditions of workmen or enhancing their economic and social status, or increasing productivity;
(ia) the regulation of relations between workmen and workmen, or between employers and employers;
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(ii)
the representation of either workmen or employers in trade disputes;
(iiA) the conducting of, or dealing with, trade disputes and matters related thereto; or
(iii)
the promotion or organization or financing of strikes or lock-outs in any trade or industry or the provision of pay or other benefits for its members during a strike or lock-out;
“trustees” means the trustees appointed under the rules of a registered trade union made in accordance with section 43;
“workman” means any person, including an apprentice, employed by an employer under a contract of employment to work for hire or reward and for the purposes of any proceedings in relation to a trade dispute includes any such person who has been dismissed, discharged or retrenched in connection with or as a consequence of that dispute or whose dismissal, discharge or retrenchment has led to that dispute.
Part II
PART II
APPOINTMENT OF DIRECTOR GENERAL
AND OTHER OFFICERS
Appointment of Director General
Section 3
(2)
In the absence of the Director General of Trade Unions, the
Deputy Director General shall have all powers and may discharge all duties and perform all functions conferred on the Director General of
Trade Unions under this Act.
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Appointment of Deputy Director General and other officers
Section 4
(2)
Subject to such limitations, if any, as may be prescribed by regulations, any Director General appointed under subsection (1) shall perform all the duties and functions imposed and may exercise all the powers conferred upon the Director General under this Act, and every duty and function so performed and power so exercised shall be deemed to have been duly performed and exercised for the purposes of this Act.
Powers of Director General
Section 4A
In addition to the powers, duties and functions conferred on the
Director General by this Act and any regulations, the Director General shall have and may exercise all such powers, discharge all such duties and perform all such functions as may be necessary for the purposes of giving effect to and carrying out the provisions of this Act.
Section 5
All officers to be public servants
All officers appointed under sections 3 and 4 shall be deemed to be public servants for the purposes of the Penal Code [Act 574].
Section 6
Protection of public servants
No suit shall lie against any public servant for anything done or omitted to be done by him in good faith without negligence and in intended exercise of any power or performance of any duty provided or imposed by this Act.
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Part III
PART III
REGISTRATION
Register of trade unions
Section 7
(b)
any alteration or change which may from time to time be effected in such particulars; and
(c)
all such other matters as may be required to be registered therein under this Act.
(1A)
For the purpose of maintaining the register, the Director General may require any officer of a registered trade union to produce such document or provide such information to the Director General in respect of the officer’s registered trade union as the Director General may specify, and the officer shall comply with the requirement of the
Director General.
(2)
A certified copy of any entry in the register shall be conclusive proof of the facts specified therein as on the date of such certified copy.
Necessity for registration
Section 8
(2)
The Director General may, if he thinks fit, from time to time grant an extension of the period specified in subsection (1):
Provided that such period shall not in any particular case, be so extended as to exceed a period of twelve months in the aggregate.
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Date of establishment of trade union
Section 9
(2)
For the purpose of prosecuting any trade union which fails to apply for registration under section 8, the date of establishment of that trade union shall, in the absence of proof of the date referred to in subsection (1), be deemed to be—
(a)
the date on which any person is proved to have been accepted or admitted as a member of that trade union; or
(b)
the date on which any act is proved to have been done by that trade union in furtherance of any one or more of the objects specified in the definition of a trade union in section 2;
and in a case where proof is available of both the dates referred to in paragraphs (a) and (b), the earlier of such dates shall be deemed to be the date of the establishment of that trade union.
Application for registration
Section 10
(2)
Every application under subsection (1) shall be accompanied by such fee as may be prescribed, and by a printed copy in the national language of the rules of the trade union signed by the members of the trade union making the application and a statement of the following particulars, namely:
(a)
the names, occupations and addresses of the members making the application;
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(c)
the titles, names, ages, addresses and occupations of the officers of the trade union, and such other information regarding such officers as the Director General may in any particular case require to be furnished.
Temporary provisions relating to collection of funds
Section 11
Section 12
(3)
The Director General shall refuse to register a trade union if—
(d)
he is satisfied that the objects, rules, and constitution of the trade union conflict with any of the provisions of this
Act or of any regulations; or
(i)
identical to that of any other existing trade union, or so nearly resembles the name of such other trade union as, in the opinion of the Director
General, is likely to deceive the public or the members of either trade union; or
(ii)
in the opinion of the Director General, would promote feelings of ill-will and hostility between different races, religions or nationalities, unless the trade union alters its name to one acceptable to the Director General.
(4)
Where the Director General refuses to register a trade union under this section, he shall inform the trade union in writing of his refusal and the grounds for such refusal.
Certificate of registration
Section 13
The Director General, on registering a trade union under section 12 shall issue to the trade union a certificate of registration in the prescribed form and that certificate, unless proved to have been cancelled or withdrawn, shall be conclusive evidence for all purposes that the trade union has been duly registered under this Act.
Section 14
Power of Director General to call for further particulars
The Director General may call for further information for the purpose of satisfying himself that any application complies with this
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Act and of any regulations made thereunder or that the trade union is entitled to registration under this Act.
Section 15
Cancellation of registration
(a)
at the request of the trade union upon its dissolution to be verified in such manner as the Director General may require;
(i)
that the certificate of registration was obtained or issued by fraud or mistake;
(iii)
that the membership of its executive is in contravention of paragraph 28(1)(c) or (d);
(v)
(Deleted by Act A1700);
(vi)
that the funds of the trade union are or have been expended for purposes prejudicial to or incompatible with the security of the Federation or any part thereof or public order, including for purposes which contravene subsection 25A(2) or section 52; or
(c)
upon the amalgamation of the trade union under subsection 34(4) or the dissolution of the trade union under section 42; or
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(d)
if the trade union has been convicted of any of the offences specified in the Fourth Schedule.
(2A)
Where the Director General proposes to cancel or withdraw the certificate of registration of any trade union under paragraph (1)(b), he shall give to the trade union not less than thirty days prior notice in writing specifying the ground on which it is proposed to cancel or withdraw its certificate of registration before such certificate is cancelled or withdrawn.
(3)
A trade union served with a notice under subsection (2A) may, at any time within the period of thirty days reckoned from the date of such notice, show cause in writing against the proposal to cancel its certificate of registration; and, if such cause is shown, the Director
General may hold such enquiry as he may consider necessary in the circumstances.
(4)
The Director General may, after the expiration of the period of thirty days referred to in subsection (3), cancel the certificate of registration of any trade union which has failed duly to show cause under that subsection, or which, having so shown cause, has failed to satisfy him that its certificate of registration should not be cancelled.
(5)
An order made by the Director General under this section cancelling the certificate of registration of any trade union shall be dated as on the date on which it was made, shall specify briefly the grounds for the cancellation of the certificate of registration and shall forthwith be served on the trade union affected thereby.
(6)
(Repealed by Act A483).
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Prohibition on activities during period of notice of intended cancellation or determination of appeal
Section 16
(2)
A notification of every order made under this section shall be published in the Gazette and a copy of the order shall be served on the trade union concerned or shall be affixed in a conspicuous manner on any building occupied by such trade union and at the nearest police station of the police district in which such building exists.
Section 17
(Deleted by Act A1700).
Section 18
Power of the Minister to suspend a trade union
(2)
Where in the opinion of the Minister the exigencies of the situation so require, the Minister may bring such order into force immediately upon its being made and before its publication in the Gazette, but after publicising it in such manner as the Minister thinks fit.
(3)
Where the Minister makes an order under subsection (1) he may, either at the time of making the order or at any time subsequently thereto, give such directions of an ancillary or consequential nature or otherwise, as he may deem necessary or expedient, including directions
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in respect of any matter or proceeding before any authority, in relation to the trade union, under this Act or any other written law.
(4)
A direction given under subsection (3)—
(a)
may at any time be varied or revoked as the Minister deems necessary or expedient; and
(b)
shall be valid and have full force and effect notwithstanding anything inconsistent therewith or contrary thereto contained in this Act.
(5)
An order under subsection (1) may at any time be varied or revoked by the Minister.
(6)
Subject to any direction given by the Minister under subsection (3), until an order of suspension is revoked by the
Minister—
(a)
the certificate of registration of the trade union in respect of which the order of suspension is made shall cease to have effect and the trade union shall cease to enjoy any of the rights, immunities and privileges of a registered trade union;
(b)
the trade union shall be prohibited from carrying on any activity whatsoever; and
(c)
no person shall take any part in its management or organization, or act or purport to act on behalf of the union or as an officer of the union.
(7)
An order or direction of the Minister under this section shall be final and conclusive.
(8)
Any person who contravenes subsection (6) or any direction given under subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *ten thousand ringgit.
*NOTE—Previously “three thousand ringgit, or to imprisonment for a term not exceeding three years, or to both”–see section 9 of the Trade Unions (Amendment) Act 2024 [Act A1700].
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Consequences of failure to register or of cancellation of registration
Section 19
If any trade union does not apply for registration in due time, or if the registration of any trade union is refused, withdrawn or cancelled by the Director General or is rendered null and void by a decision of any court, then—
(a)
the trade union shall be deemed to be an unlawful association and shall cease to enjoy any of the rights, immunities, or privileges of a registered trade union, but without prejudice to any liabilities incurred or to be incurred by the trade union which may be enforced against the union and its assets;
(b)
the trade union shall not, nor shall any of its officers, members or agents on behalf of the union, take part in any trade dispute or promote, organize or finance any strike or lock-out, or provide pay or other benefits for its members during a strike or lock-out;
(c)
the trade union shall be dissolved and its funds disposed of in such manner as may be prescribed and, subject thereto, in accordance with the rules of the union; and
(d)
no person shall, except for the purpose of dissolving the union and disposing of its funds in accordance with the rules or for the purpose of an appeal under section 71A against such refusal, withdrawal or cancellation, take any part in its management or organization, or act or purport to act on behalf of the union or as an officer of the union.
(Proviso) (Repealed by Act A90)
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Part IV
PART IV
RIGHTS AND LIABILITIES OF TRADE UNIONS
Disabilities of unregistered union
Section 20
A trade union shall not enjoy any of the rights, immunities or privileges of a registered trade union unless it is registered.
Section 21
Immunity from civil suit in certain cases
No suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute to which a member of the trade union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.
Section 22
Liability in tort
(2)
Nothing in this section shall affect the liability of a trade union or any trustee or officers thereof to be sued in any court touching or concerning the specific property or rights of a trade union or in respect of any tortious act arising substantially out of the use of any specific property of a trade union except in respect of an act committed by or on behalf of the trade union in contemplation or furtherance of a trade dispute.
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Liability in contract
Section 23
Every registered trade union shall be liable on any contract entered into by it or by an agent acting on its behalf:
Provided that a trade union shall not be so liable on any contract which is void or unenforceable at law.
Section 24
Objects in restraint of trade not unlawful in case of registered trade union
The objects of a registered trade union shall not, by reason only that they are in restraint of trade be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise or to render void or voidable any agreement or trust.
Section 25
Proceedings by and against trade unions
(2)
An unregistered trade union may be sued and prosecuted under the name by which it has been operating or is generally known.
(3)
A trade union whose registration has been cancelled or withdrawn may be sued and prosecuted under the name by which it was registered.
(4)
Execution for any money recovered from a trade union in civil proceedings may issue against any property belonging to or held in trust for the trade union other than the benevolent fund of a registered trade union.
(5)
Any fine ordered to be paid by a trade union may be recovered by distress and sale of any movable property belonging to or held in
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trust for the trade union in accordance with any written law relating to criminal procedure.
(6)
In any civil or criminal proceedings in which a registered trade union is a party such trade union may appear in such proceedings by anyone of its officers or by an advocate and solicitor.
Strikes and lock-outs
Section 25A
(a)
in the case of a trade union of workmen, without first obtaining at least more than one-half of the votes by secret ballot in favour of the proposed strike of at least sixty per centum of its total number of members who are entitled to vote and in respect of whom the strike is to be called; and in the case of a trade union of employers, without first obtaining at least more than one-half of the votes by secret ballot in favour of the proposed lock-out of at least sixty per centum of its total number of members who are entitled to vote;
(b)
before the expiry of seven working days after submitting to the Director General the results of such secret ballot in accordance with subsection 40(5);
(c)
if the secret ballot for the proposed strike or lock-out has become invalid or of no effect by virtue of subsection 40(2), (3), (6) or (9);
(d)
in contravention of, or without complying with, the rules of the trade union;
(e)
in respect of any matter covered by a direction or decision of the Minister given or made in any appeal to him under this Act; or
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(f)
in contravention of, or without complying with, any other provision of this Act or any provision of any other written law.
(2)
Any trade union which, and every member of its executive who, commences, promotes, organizes or finances any strike or lock-out which is in contravention of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding
*five thousand ringgit and a further fine of two hundred ringgit for every day during which such offence continues.
(3)
Any member of a trade union of workmen who commences, participates in, or otherwise acts in furtherance of, any strike which is in contravention of subsection (1) shall forthwith cease to be a member of the trade union, and thereafter such member shall not be eligible to become a member of any trade union except with the prior approval of the Director General in writing; and the trade union of which he has so ceased to be a member shall forthwith—
(c)
exhibit conspicuously in its registered office in a place where it may be easily read a list of members whose names are so removed.
(4)
The Director General may, where he is satisfied that subsection (1) has been contravened by any person and the trade union concerned has failed to carry out the provisions of subsection (3), or where there is undue delay in so doing, after such investigation as he deems necessary, order the trade union to remove forthwith the names of the members concerned from its membership register.
*NOTE—Previously “two thousand ringgit, or to imprisonment for a term not exceeding one year, or to both, and further fine of one hundred ringgit”–see paragraph 10(b) of the Trade Unions (Amendment)
Act 2024 [Act A1700].
28 Laws of Malaysia ACT 262
(5)
The satisfaction of the Director General under subsection (4)
that subsection (1) has been contravened by any person may be arrived at regardless as to whether or not there is any prosecution of any person for contravention of the said subsection (1).
(6)
Any registered trade union which, and every member of its executive who, fails to comply with subsection (3) or with an order of the Director General under subsection (4) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit, and a further fine of one hundred ringgit for every day during which such offence continues.
(7)
In every proceedings for an offence under this section the onus of proving that the requirements specified in subsection (1) have been complied with shall be on the trade union, the member of its executive or the member of the trade union, as the case may be.
(8)
For the purposes of this section, “working day” means a calendar day but excludes weekends and public holidays applicable at the Federal Territory or State where the registered office of the trade union is situated.
Part V
PART V
CONSTITUTION
Membership of trade union
Section 26
(1A)
No person shall join, or be a member of, or be accepted or retained as a member by, any trade union if he is not a workman or an employer.
(1B)
Notwithstanding subsection (1A)—
(a)
no workman or employer shall be accepted as a member of a trade union except as provided in the rules of the trade union; and
(b)
any workman who has been dismissed, discharged, retrenched, or has retired may be retained as a member of a trade union subject to the rules of the trade union.
(1C)
No membership of a trade union shall be confined to a particular race, religion or nationality.
(2)
A member of a trade union who has not attained the age of eighteen years shall not be entitled to vote on any of the following matters:
(c)
dissolution of the trade union or of the federation with which it is connected;
(d)
amendment of the rules of the trade union where such amendment results in increasing the liability of the
30 Laws of Malaysia ACT 262
members to contribute or in decreasing the benefits to which members are entitled.
(2A)
A member of a trade union from amongst the workmen who has been dismissed, discharged, retrenched, or has retired shall not be entitled to vote on strike and all matters relating thereto.
(3)
(Deleted by Act A1324).
Membership of public officers and employees of statutory authorities
Section 27
(2)
The Yang di-Pertuan Agong may by notification in the Gazette exempt from the provisions of subsection (1), either wholly or subject to such conditions as may be specified in such notification, any public officers or any category, class or description of public officers other than—
(e)
public officers who are prohibited under any written law from forming or being members of a trade union; and
(f)
public officers holding any post in the Managerial and
Professional Group, except such public officers, or such class, category or description of public officers in such
Group, as are excluded from the operation of this paragraph
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by a direction in writing issued by the Chief Secretary to the
Government.
(3)
(a)
No person employed by a statutory authority shall join or be a member of, or be accepted as a member by any trade union unless the membership of that trade union is confined exclusively to persons employed by that particular statutory authority.
(aa) Notwithstanding paragraph (3)(a), any person employed by a statutory authority who—
(i)
holds any post in the Managerial and Professional Group or the equivalent thereof, shall not join, or be a member of, or be accepted or retained as a member by, any trade union, except such of these persons, or such class, category or description of these persons, as are excluded from the operation of this subparagraph by a direction in writing issued by the Chief Secretary to the Government;
or
(ii)
is engaged in a confidential or security capacity shall not join, or be a member of, or be accepted or retained as a member by, any trade union.
(b)
Any trade union whose membership is confined to persons employed by a statutory authority shall not be affiliated to any other trade union or any federation of trade unions whose membership is not otherwise so confined:
Provided that any such trade union may, after obtaining the written approval of the Minister, affiliate with a registered federation of trade unions comprising trade unions of public officers.
(bb) Notwithstanding paragraph (3)(b), two or more trade unions of workmen employed by statutory authorities, other than workmen employed by local authorities, may, with the approval of the Minister and subject to the provisions of Part XII, form or create a federation of trade unions.
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(c)
For the purpose of this subsection the persons appointed to serve and serving in an institution or at a place or under a body or person specified in the first column of the Third Schedule shall be deemed to be persons employed by the authority or body specified in relation to such institution, place or person in the second column of that Schedule, and such authority or body shall be deemed to be a statutory authority.
(4)
Notwithstanding subsection (3), but subject to paragraph (aa)
thereof—
(a)
employees of a financially autonomous local authority may join or be members of a trade union whose membership is confined exclusively to employees of one or more such financially autonomous local authorities;
(b)
employees of statutory authorities other than employees of local authorities may with the approval of the Minister join or be members of a trade union whose membership is confined exclusively to employees of one or more financially autonomous local authorities.
(5)
Any question under subsection (2) or (3) as to whether a person is engaged in a confidential or security capacity shall be decided by the
Chief Secretary to the Government.
(6)
Any person or a group of persons who have sought a direction of the Chief Secretary to the Government under paragraph (2)(f) or under subparagraph (3)(aa)(i), and have failed to obtain such direction, or any person dissatisfied with any decision of the Chief Secretary to the Government under subsection (5), may, within thirty days of the failure to obtain such direction, or of such decision, as the case may be, appeal to the Minister responsible for public services, whose decision thereon shall be final and conclusive.
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(7)
Any person who, immediately before the commencement of this subsection, is a member of a trade union but is disqualified from being a member thereof by virtue of paragraphs (2)(a) to (f), or by virtue of paragraph (3)(aa), shall cease to be a member thereof upon the expiry of six months after the commencement of this subsection, save that—
(a)
in the case of a person to whom paragraph (2)(f) applies, such person shall not cease to be a member thereof if within such period of six months he obtains the direction of the Chief Secretary to the Government under the said paragraph (f) and is exempted by a notification of the
Yang di-Pertuan Agong under subsection (2); and
(b)
in the case of a person to whom subparagraph (3)(aa)(i)
applies such person shall not cease to be a member thereof if within such period of six months he obtains the direction of the Chief Secretary to the Government under the said subparagraph (i):
Provided that where any such person is an officer of his trade union, he may continue to remain a member of such trade union until the expiry of the term of his office, or until he otherwise earlier ceases to hold such office, if the term of his office extends beyond the said period of six months.
(8)
(a)
In this section “Managerial and Professional Group” means the Kumpulan Pengurusan dan Iktisas referred to in paragraph 7.2 of either Pekeliling Perkhidmatan Bil. 2 Tahun 1977 or Pekeliling
Perkhidmatan Bil. 4 Tahun 1977 (both dated the 31 March 1977) or in paragraph 8.2 of either Pekeliling Perkhidmatan Bil. 1 Tahun 1978 or
Pekeliling Perkhidmatan Bil. 2 Tahun 1978 (both dated the 12 April 1978) issued by the Jabatan Perkhidmatan Awam, Malaysia, or, when used with reference to persons employed by a statutory authority, it means any group of persons corresponding to those referred to in the said paragraph 7.2 or the said paragraph 8.2 of the said Pekeliling-pekeliling, as the case may be.
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(b)
The Minister responsible for public services may, from time to time, by notification in the Gazette, amend the definition of
“Managerial and Professional Group” set out in this subsection.
Officers
Section 28
(c)
he has been a member of the executive of any trade union the registration of which has been cancelled or withdrawn under subparagraph 15(1)(b)(vi) or paragraph 15(1)(d) or under any law repealed by this Act;
(ca) he is an office-bearer of a political party;
(d)
he has been convicted by any court of law of criminal breach of trust, extortion or intimidation, or of an offence under section 49, 50 or 50A; or
(e)
he is a bankrupt:
Provided that paragraph (a) shall not apply in the case of a union which, in the opinion of the Minister, is required by its objects to represent persons or the interests of persons who are not resident in
Peninsular Malaysia, Sabah or Sarawak, as the case may be.
(2)
Where the Director General certifies in writing to the executive of a trade union or a federation of trade unions that any person who is a member of the executive of that union or federation is disqualified from being a member of such executive, specifying in such certification the grounds on which such person is so disqualified, such
Trade Union 35
person shall immediately thereupon cease to be a member of such executive.
Employees of a trade union
Section 29
(2)
A person shall not be employed by a registered trade union under subsection (1)—
(a)
if he is not a citizen of the Federation resident in
Peninsular Malaysia, in the case of a trade union in
Peninsular Malaysia, or resident in Sabah, in the case of a trade union in Sabah, or resident in Sarawak, in the case of a trade union in Sarawak;
(b)
if he has been convicted by any court of a criminal offence and has not received a free pardon in respect thereof, and such conviction in the opinion of the Director
General renders him unfit to be employed by a trade union;
(c)
if he is an officer or employee of any other trade union;
or
(c1)
if he is an office-bearer or employee of a political party:
Provided that paragraph (a) shall not apply in the case of a union which, in the opinion of the Minister, is required by its objects to represent persons or the interests of persons who are not resident in
Peninsular Malaysia, Sabah or Sarawak as the case may be, and that paragraph (c) shall not apply to a federation of trade unions registered under Part XII.
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(3)
Any person who is disqualified to be employed by a trade union under subsection (2) and has himself so employed without first obtaining the exemption of the Minister under paragraph 30(b), shall be guilty of an offence and shall, on conviction, be liable to *a fine not exceeding five thousand ringgit.
Power of Minister in relation to sections 28 and 29
Section 30
The Minister may by order—
(a)
declare that section 28 or 29 shall not apply to any registered trade union or class of registered trade unions specified in the order; or
(b)
grant, either absolutely or subject to such conditions as he may consider reasonably necessary, exemption from all or any of the provisions of section 28 or 29 in respect of officers or employees or such proportion or class of officers or employees of any registered trade union or class of registered trade unions as may be specified in the order.
Change of name
Section 31
(2)
Notwithstanding subsection (1), a trade union may change its name without the consent of its members or delegates if there is a change in the name of the establishment being effected under any written law, occupation, ministry, department, or statutory authority, as the case may be, in respect of which the trade union is registered.
*NOTE—Previously “imprisonment for a term not exceeding one year, or to a fine not exceeding two thousand ringgit, or to both”–see subparagraph 13(b)(ii) of the Trade Unions (Amendment) Act 2024
[Act A1700].
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Amalgamation
Section 32
Any two or more registered trade unions may become amalgamated as one trade union, with all the funds of such trade unions vested in the amalgamated trade union and all their properties vested in the trustees of the amalgamated trade union, provided that—
(a)
the votes of at least one-half of the members of each or every such trade union entitled to vote are recorded; and
(b)
that at least sixty per centum of the votes recorded are in favour of the proposal.
Transfer of engagements
Section 33
(b)
For the purpose of this subsection “a special resolution” means a resolution proposed at any general meeting of which notice specifying the intention to propose that resolution has been duly given according to the rules and passed by not less than two-thirds of the members of the union present and entitled to vote at the meeting, or if the general meetings of the union are meetings of delegates, by not less than two-thirds of the delegates present at the meeting.
(2)
No transfer under this section shall take effect unless or until—
(a)
the consent thereto of not less than two-thirds of the members of the union transferring its engagements has been obtained either at meetings or in writing, or the
Director General on application made to him in writing by the union and after notice of the application has been published in the Gazette and (if he so requires) in one or more newspapers, and after hearing the union and any
38 Laws of Malaysia ACT 262
other persons whom he considers entitled to be heard, has dispensed with that consent; and
(b)
notice of the transfer (which it shall be the duty of every union transferring its engagements to send to the Director
General) has been registered. The application for registration of the notice of transfer shall be made in writing and signed by the chairman of the meeting and the secretary of the union transferring its engagements, and by the president, secretary and trustees of the union undertaking to fulfil the engagements.
(3)
The property held for the benefit of any trade union amalgamating with any other trade union or of any trade union transferring its engagements under this section, or for the benefit of a branch of any such union, by the trustees of the union or of any branch thereof, other than property excepted from the operations of this subsection by the instrument of transfer or amalgamation, shall without any conveyance or assignment vest, on registration of notice of the amalgamation or transfer, or on the appointment of the appropriate trustees, whichever is the later, in the appropriate trustees, that is to say—
(a)
in the case of any property to be held for the benefit of a branch of the amalgamated union or of a branch of the union undertaking to fulfil the engagements, in the trustees of that branch, unless the rules of that branch provide that property to be so held shall be held by the trustees of the union; and
(b)
in any other case in the trustees of the amalgamated union or of the union undertaking to fulfil the engagements.
(4)
Every instrument of amalgamation or transfer shall specify any property to be vested under the foregoing provisions, in relation to which the trustees of the amalgamated union or of the union undertaking to fulfil the engagements are not or will not be the appropriate trustees and shall designate the persons who are or will be the appropriate trustees in relation to that property.
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Notice of change of name or amalgamation
Section 34
(2)
If the proposed name is identical to that of any other existing trade union, or so nearly resembles the name of such other trade union as, in the opinion of the Director General, is likely to deceive the public or the members of either trade union, or is in the opinion of the Director
General would promote feelings of ill-will and hostility between different races, religions or nationalities, he shall refuse to register the change of name.
(3)
Subject to subsection (2), the Director General shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name in the prescribed manner, and the change of name shall have effect from the date of such registration.
(4)
If the Director General is satisfied that the provisions of this
Act in respect of amalgamation have been complied with and that the trade union formed thereby is entitled to registration under section 12, he shall register the trade union in the prescribed manner and the amalgamation shall have effect from the date of such registration.
Section 35
(Repealed by Act A483).
Section 36
Effect of change of name or amalgamation
(2)
An amalgamation of two or more registered trade unions shall not prejudice any right of either or any such trade unions or any right of a creditor of either or any of them.
Registered office
Section 37
(2)
Notice of the situation of such registered office, and of any change therein, shall be given to the Director General at least fourteen days prior to such change and shall be registered by him, and the trade union shall not be deemed to have complied with this Act until such notice has been given.
(3)
Every trade union which—
(a)
operates without having a registered office, or without giving notice of the situation of its registered office as hereinbefore required; or
(b)
operates at any place to which its registered office may have been removed, without having given notice of the change in the situation thereof to the Director General, and every officer of any such union shall, on conviction, be liable to a fine not exceeding fifty ringgit for every day during which such union is so in operation.
Rules
Section 38
(2)
A copy printed in National Language or English or Tamil or
Chinese of the rules for the time being in force of any registered trade union shall be prominently exhibited in such place as it may easily be read at the registered office thereof and shall be furnished by the secretary of such trade union to any person on demand on payment of a sum not exceeding ten ringgit:
Provided that if the copy of the rules is not printed in National
Language or English, a typewritten or otherwise mechanically produced copy of the rules in National Language or English as registered and signed by the president, secretary and treasurer of the union shall, in addition, be prominently exhibited at the registered office and shall be furnished by the secretary with every copy of the printed rules of the union in Tamil or Chinese on demand.
(3)
A copy in national language of every new rule and of every alteration made in the rules of a registered trade union shall be sent to the Director General within thirty days of the making of such rule or alteration and shall if approved by him be registered by the Director
General on payment of the prescribed fee:
Provided that any alteration of the rules which results in increasing the liability of the members to contribute other than the imposition of levy or in decreasing the benefits to which members are entitled shall not be approved by the Director General unless more than one-half of the votes returned of the members entitled to vote in accordance with the union’s rules are in favour of the proposed alteration.
(4)
Every alteration of the rules of a trade union shall take effect from the date of registration by the Director General unless some later date is specified in the rules.
Section 39
Trade Union 41
(Repealed by Act A483).
42 Laws of Malaysia ACT 262
Section 40
Secret ballot
(a)
the election of delegates to a general meeting, if the rules of the union provide for meetings of delegates, or to a federation of trade unions;
(b)
the election of officers (other than trustees) by the members in accordance with the rules of the union;
(f)
amendment of the rules where such amendment results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled;
(g)
amalgamation with another trade union or transfer of engagements to another trade union.
(2)
Where a secret ballot is taken on any matter relating to a strike or a lock-out, it shall contain a resolution setting out clearly the issues leading to the proposed strike or lock-out and describing clearly the nature of the acts which are to be done or omitted to be done in the course of such strike or lock-out; and a secret ballot which does not fulfil these requirements shall be invalid and of no effect, and no strike or lock-out shall be carried out on the basis of such secret ballot.
(3)
A secret ballot which has been taken on any matter relating to a strike or lock-out shall cease to have effect upon the expiry of ninety days after the date on which the secret ballot is taken and no strike or
Trade Union 43
lock-out shall thereafter be carried out on the basis of such secret ballot.
(4)
In carrying out any secret ballot, a trade union shall ensure that every member thereof has an equal right and a reasonable opportunity to record his vote freely, that the secrecy of the ballot is properly secured and that the results of the ballot are correctly ascertained.
(5)
The results of a secret ballot taken to decide on any of the matters specified in subsection (1) shall be submitted by the secretary of the trade union to the Director General in triplicate, substantially in the form prescribed by regulations, within fourteen days after the taking of the secret ballot.
(6)
Where a trade union has taken a secret ballot to call for a strike or to declare a lock-out, the Director General may upon receipt of the results thereof under subsection (5), carry out all such investigations as he may deem necessary, and where he is satisfied that the proposed strike or lock-out if carried out would contravene this section or section 25A or any of the provisions of Part IX of the Industrial
Relations Act 1967 he shall direct the trade union not to commence the proposed strike or lock-out.
(7)
The secretary of the trade union shall take all such steps as are necessary to ensure that all ballot papers and documents used in connection with or relevant to a secret ballot are kept at the registered office of the trade union for a period of not less than six months after the completion of the ballot.
(8)
For the purpose of satisfying himself that a secret ballot taken by a trade union has been properly conducted, the Director General may require any person to deliver to him any ballot papers, envelopes, lists, or other documents whatsoever, which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person, and may inspect any such document and retain it for such period as he deems necessary; but save as aforesaid or as may be provided in the rules of the trade union no person shall be allowed to inspect or copy any document relating to a secret ballot.
44 Laws of Malaysia ACT 262
(9)
The Director General may in any particular case declare a secret ballot taken by a trade union to be invalid if he is satisfied that the trade union has contravened any provision of this Act, or of any regulations, or of any of its rules in carrying out such secret ballot.
Imposition of levy
Section 40A
A trade union may impose a levy on its members, provided that for each and every imposition of the levy—
(a)
the votes of at least one-half of the members who are entitled to vote are recorded; and
(b)
at least fifty per centum of the votes recorded are in favour of the imposition of such levy.
Notification of changes of officers and employees
Section 41
(2)
Notice in the form prescribed by regulations of every change of officer, employee or of the title of any officer or employee shall, together with the fee prescribed by regulations, be sent to the
Director General within fourteen days after the change, and the
Director General shall, on being satisfied that such change is not contrary to the rules of the union or this Act or any regulations, alter the register accordingly.
Trade Union 45
Notification of dissolution
Section 42
When a registered trade union is dissolved voluntarily, notice of the dissolution signed by seven members and by the secretary of the trade union shall, within fourteen days of the dissolution, be sent to the
Director General, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the trade union and this Act and any regulations made thereunder; and the dissolution shall have effect from the date of such registration.
Section 43
Trustees
(2)
No secretary or treasurer of a registered trade union may be a trustee thereof.
(3)
A corporation approved by the Director General may be appointed as sole trustee by a registered trade union, and references in this
Act to “trustees” shall include reference to a corporation so appointed.
(4)
The names and particulars of the trustees appointed or elected or any changes therein shall be forwarded by the union to the Director
General for entry in the register within fourteen days after the change and such appointment or election shall not take effect until so registered.
Part VI
PART VI
DISPUTES
Decision of disputes
Section 44
(a)
a member or person claiming through a member or under the rules of a registered trade union or any branch thereof, and the union or any branch thereof or an officer thereof;
(b)
any person aggrieved who has ceased to be a member of a registered trade union or any branch thereof, or any person claiming through such person aggrieved, and the union or any branch thereof, or an officer hereof;
(d)
an officer of any branch and the registered trade union of which such branch is a branch; or
(e)
any two or more branches of a registered trade union or any officers thereof respectively, shall be decided in the manner directed by the rules of the trade union, and the decision so given shall be binding and conclusive on all parties;
and application for the enforcement thereof may be made to a
Sessions Court.
(2)
The parties to a dispute in a registered trade union may, by consent (unless the rules of the union expressly forbid it), refer the dispute to the Director General.
(3)
The Director General of Trade Unions shall either by himself or by any Deputy Director General, or any Director, or any Assistant
Director, hear and determine any dispute referred under subsection (2), and shall have power to order the expenses of determining the dispute to be paid either out of the funds of the union, or by such parties to the dispute as he may think fit, and his determination and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the union.
(4)
The Director General of Trade Unions, any Deputy Director
General, or any Director, or any Assistant Director may for the purpose of determining a dispute referred under subsection (2) administer oaths, and may require the attendance of all parties concerned, and of
Trade Union 47
witnesses, and the production of all books and documents relating to the matter in question.
(5)
Where the rules of a registered trade union direct that disputes shall be referred to the courts, the dispute shall be determined by a Sessions Court.
(6)
Where no decision is made on a dispute within forty days after application to the union for a reference under its rules, the member or person aggrieved may apply to a Sessions Court and the Sessions Court may hear and determine the matter in dispute.
Powers of the Court and Director General in relation to disputes
Section 45
Notwithstanding anything contained in the *Arbitration Act 1952
[Act 93], or in any other written law, a Sessions Court and the Director
General or any arbitrator or umpire to whom a dispute is referred under the rules of a registered trade union shall not be compelled to state a special case on any question of law arising in the case, but the Court or Director General may, at the request of either party, state a case for the opinion of the High Court on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents as might be granted by any court, and the discovery shall be made on behalf of the union by such officer thereof as the Sessions Court or the Director General may determine.
Section 46
Interpretation of “dispute” for the purpose of this Part
In this Part the expression “dispute” includes any dispute arising on the question whether a member or person aggrieved is entitled to be or to continue to be a member or to be reinstated as a member, or whether the rules relating to the decision of disputes or the procedure thereunder has not been complied with but, save as aforesaid, in the case of a person who has ceased to be a member, does not include any
*NOTE—The Arbitration Act 1952 [Act 93] has since been repealed by The Arbitration Act 2005
[Act 646].
48 Laws of Malaysia ACT 262
dispute other than a dispute on a question between him and the trade union or an officer thereof which arose whilst he was a member or arises out of his previous relation as a member to that trade union.
Part VII
PART VII
PROPERTY
All property vested in trustees
Section 47
All property, movable or immovable, of a registered trade union shall be vested in the trustees for the use and benefit of the union and its members and shall be under the control of the trustees.
Section 48
Devolution of property
Upon any change in the office of any trustee, the High Court may upon an ex parte motion made to it in that behalf make an order vesting the property of a registered trade union in the trustees for the time being of the union for the same estate and interest as the former trustee had therein, and subject to the same trusts, without any transfer, conveyance or assignment.
Section 49
Investment of funds
(a)
purchase or take upon lease for the purposes of the union any land or building and, subject to any written law or other law which may be applicable, lease, or with the consent of its members obtained by way of a resolution at a general meeting or a meeting of delegates sell, exchange or charge any such land or building which may be so purchased;
Trade Union 49
(b)
invest its funds in any securities or in any loans to any company in accordance with any law relating to trustees;
(c)
deposit its funds in the Bank Simpanan Nasional, any bank incorporated in Malaysia or any finance company which is a subsidiary company of such bank; or
(d)
with the prior written approval of the Minister and subject to such conditions as he may impose, invest its funds—
(i)
in any registered cooperative society; or
(ii)
in any commercial, industrial or agricultural undertaking or banking enterprise, which is incorporated and operating in Malaysia.
(2)
The Minister may, before granting approval under paragraph (1)(d), require such trade union to obtain a report on the feasibility and viability of the project.
(2A)
For the purpose of satisfying himself that an investment under this section has been properly made, the Director General may order any person to deliver to him any document or accounts relating to the investment which are in the possession or control of that person and may inspect and retain them for such period as he deems necessary for such purpose, and any person who fails or neglects without reasonable excuse to comply with any such order, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
(3)
Every person who and every trade union which contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to *a fine not exceeding ten thousand ringgit.
*NOTE—Previously “imprisonment for a term not exceeding two years, or to a fine not exceeding two thousand ringgit or to both”–see section 20 of the Trade Unions (Amendment) Act 2024 [Act A1700].
50 Laws of Malaysia ACT 262
Part VIII
PART VIII
FUNDS AND ACCOUNTS
Application of funds
Section 50
(a)
the payment of salaries, allowances and expenses to officers and employees of the trade union;
(b)
the payment of costs and expenses of the administration of the trade union including audit of the account of the funds of the trade union;
(c)
the prosecution or defence of any legal proceeding to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any right of the trade union as such or any right arising out of the relations of any member with his employer, or with a person whom the member employs;
Part VI
Part VI;
Section 50A
(2)
Subsection (1) shall not apply to any agreement where an employer make deductions from the wages of his workmen for payment to a trade union on account of subscriptions.
Prohibition of payment of fines or penalties
Section 51
The funds of a registered trade union shall not be applied either directly or indirectly in payment of the whole or part of any fine or penalty imposed upon any person by sentence or order of a court.
Section 52
Prohibition of use of funds for political objects
(2)
The expression “political object” referred to in subsection (1)
includes—
Trade Union 53
(a)
the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to the Dewan Rakyat or any Dewan Undangan
Negeri before, during or after the election in connection with his candidature or election;
(b)
the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate;
(c)
the maintenance of any person who is a member of the
Dewan Rakyat or any Dewan Undangan Negeri;
(d)
the registration of electors or the selection of a candidate for membership of the Dewan Rakyat or any Dewan
Undangan Negeri;
(e)
the holding of political meetings of any kind, or the distribution of political literature or political documents of any kind; or
(f)
any object which the Minister may by notification in the
Gazette specify.
Injunction to restrain misuse of funds
Section 53
An injunction restraining any unauthorized or unlawful expenditure of the funds of a registered trade union may be granted on the application of any five persons having a sufficient interest in the relief sought, or of the Director General, or of the Public Prosecutor.
Section 54
Preservation of funds of registered trade union
(2)
Any officer of the bank who complies with an order of the
Director General under subsection (1) shall be relieved of any liability to any other person in respect of the payment prohibited by such order.
(3)
The manager of any bank which fails to comply with an order of the Director General under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit.
(4)
The Director General shall cause to be published in the Gazette the name of any trade union in respect of which any order is made under subsection (1).
Section 55
(3)
The account shall be verified by statutory declaration, and the union shall cause the account to be audited by some fit and proper person approved by the Director General.
(4)
After the account has been audited, the treasurer or other officer or employee referred to in subsection (1) shall forthwith hand over to the trustees of the union, if required by them to do so, such balance as appears to be due from him, and also, if so required, all bonds, securities, effects, books, papers and property of the union in his hands or custody, or otherwise under his control.
Annual returns to be prepared as Director General may direct
Section 56
(1A)
The general statement referred to in subsection (1) shall be verified by statutory declaration, and the union shall cause the general
56 Laws of Malaysia ACT 262
statement to be audited by some fit and proper person approved by the
Director General:
Provided that no trade union shall cause its general statement to be audited by the same person successively for a period of more than three years.
(1B)
The Director General may, if he considers it necessary, by notice in writing—
(a)
direct the attendance before him, at the place and time set out in the notice, of any person appointed to audit the general statement of a trade union for any purpose related to the audit; or
(b)
direct any trade union to cause the general statement to be further audited in such manner as he may require.
(1C)
All expenses incurred in complying with any direction of the
Director General under subsection (1B) shall be borne by the trade union concerned.
(2)
Together with the general statement referred to in subsection (1), the secretary of each registered trade union shall furnish to the Director General a copy of all alterations or amendments of rules, and of all new rules, and a list of all changes of officers, made by the union during the period of twelve months preceding the said thirty-first day of March, and a copy of the rules of the trade union in force, and particulars of its membership, on that day.
(3)
Every member of a registered trade union shall be entitled to receive free of charge a copy of the general statement referred to in subsection (1) and the secretary of each registered trade union shall deliver a copy of such statement to every member of his union who makes application to him therefor.
(4)
Every registered trade union and president, secretary and treasurer of the registered trade union who fails to comply with any of the requirements of subsection (1) shall be jointly and severally guilty
Trade Union 57
of an offence and shall, on conviction, be liable to a fine not exceeding one hundred ringgit for each day or part of a day during which the default continues; and any secretary of a registered trade union who fails to comply with any of the requirements of subsections (2) and (3)
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred ringgit for each day or part of a day during which the default continues.
(5)
Every person who wilfully makes or orders or causes or procures to be made any false entry in or omission from any account of a registered trade union or general statement, copy or list delivered to the Director General under subsections (1) and (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding
*five thousand ringgit.
Keeping and inspection of accounts and records
Section 57
(2)
The books or records referred to in subsection (1), the records of a trade union’s proceedings, and a list of its members shall at all reasonable times be open to inspection by any member of the trade union, or any person having an interest in the funds of the trade union, or the Director General.
(3)
The Director General may, acting for a member or on his own behalf, in any particular case, order the account books and other records of a trade union to be made available for inspection or audit by a fit and proper person approved by him.
(4)
Every trade union which, and every member of its executive who, contravenes subsection (1) or (2) or fails to comply with any order under subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit.
*NOTE—Previously “one thousand ringgit, or to imprisonment for a term not exceeding six months, or to both”–see sections 22 and 23 of the Trade Unions (Amendment) Act 2024 [Act A1700].
58 Laws of Malaysia ACT 262
(e)
the conduct of trade disputes on behalf of the trade union or any member thereof provided that such trade disputes do not contravene this Act or any other written law;
(f)
the compensation of members for loss arising out of trade disputes involving such members provided that such trade disputes do not contravene this Act or any other written law;
Trade Union 51
(g)
allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members;
(h)
the payment of fees in respect of affiliation with, or membership of, any federation of trade unions registered under Part XII, or any consultative or similar body in respect of which permission has been given by the Director
General under subsection 76A(1) or the Director General has been notified under subsection 76A(2);
(i)
all train fares, other essential transport expenses, cost of board and lodging, supported by vouchers, or such amounts as are laid down by the union;
(ii)
the amount of actual wages lost by representatives of trade unions attending meetings connected with or related to the promotion of industrial relations or attending to any matters as required by the Director General in relation to this Act or any regulations;
(iii)
expenditure for the purpose of the establishment or maintenance of a federation of trade unions registered under Part XII, or a consultative or similar body in respect of which permission has been given by the Director General under subsection 76A(1) or the Director General has been notified under subsection 76A(2);
(j)
the editing, printing, publication and circulation of any journal, magazine, news sheet or other printed literature published by the registered trade union for the advancement of its objects or the promotion of the interests of the members in accordance with its registered objects and rules;
52 Laws of Malaysia ACT 262
(k)
the conduct of social, sporting, educational and charitable activities of the members;
(l)
the payment of premia to insurance companies registered in Malaysia as may from time to time be approved by the
Director General.
(2)
The Minister may by notification in the Gazette add to, delete from or amend the objects specified in subsection (1).
Collection of funds and moneys
Part IX
PART IX
REGULATIONS
Section 58
(2)
In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters—
(b)
the books and registers to be kept for the purposes of this
Act and the forms thereof;
(c)
the manner in which trade unions and the rules of the trade unions shall be registered and the fees payable on registration;
(d)
the manner in which, and the qualifications of persons by whom, the accounts of registered trade unions or of any class of such unions shall be audited;
(e)
the conditions subject to which inspection of documents kept by the Director General shall be allowed and the fees which shall be chargeable in respect of such inspections;
(g)
the creation, administration, protection, control and disposal of the funds of registered trade unions and all matters connected therewith or incidental thereto;
(h)
the penalties for any contravention or failure to comply with any of the provisions of any regulation made under
Trade Union 59
this section: provided that no such penalty shall exceed the penalty prescribed under section 63; and
(i)
generally for all matters incidental to or connected with the matters or subjects specifically mentioned in this subsection.
(3)
The Minister may by regulation declare that any regulation made under paragraph (2)(g) shall apply to a specified trade union only or that any particular trade union or class of trade unions shall be exempt from the operation of any regulation made under that head of that subsection.
(4)
All regulations made under this section shall be laid on the table of the Dewan Rakyat at the first meeting of the Dewan Rakyat after the publication of such regulations in the Gazette.
Part X
PART X
OFFENCES AND PENALTIES
Acts done prior to registration
Section 59
Every person who, and every trade union which, prior to the registration of the union under this Act, does any act in furtherance of any of the objects specified in the definition of a trade union in section 2, shall be guilty of an offence:
Provided that nothing in this section shall apply to any act done in good faith in the course and for the purpose of establishing the trade union.
Section 60
Misuse of money or property of a registered trade union
(2)
A complaint made under subsection (1), other than a complaint made by the Director General, shall not be entertained unless the
Sessions Court is satisfied that the complainant is, on the date of that complaint, a member of the registered trade union in respect of the property of which such complaint is so made.
(3)
Any person bound by an order made under subsection (1) who fails to comply with the terms thereof and the directions given therein within a time to be specified in such order shall be guilty of an offence and shall, on conviction, by a Sessions Court, be liable to a fine not exceeding five hundred ringgit.
(4)
An order under subsection (1) shall not affect or prevent a prosecution of, or civil proceedings against, any such officer, employee or member.
Supplying false information regarding trade unions
Section 61
Any person who, with intent to deceive, gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union any document purporting to be a copy of the rules of the trade union or of any alterations thereto which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of an unregistered trade union to any person on the pretence that such rules are the rules of a registered
Trade Union 61
trade union, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit.
Section 62
Failure to submit returns
(2)
Any person who with intent to deceive submits to the Director
General any statement, return or document required under this Act or any regulations, which he knows or has reason to believe is not correct, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ***five thousand ringgit.
General penalty
Section 63
(a)
any provisions of this Act for which no other punishment is provided;
*NOTE—Previously “two hundred ringgit, or to imprisonment for a term not exceeding three months, or to both”–see section 24 of the Trade Unions (Amendment) Act 2024 [Act A1700].
**NOTE—Previously “one thousand ringgit”–see paragraph 25(a) of the Trade Unions (Amendment)
Act 2024 [Act A1700].
***NOTE—Previously “one thousand ringgit, or to imprisonment for a term not exceeding six months, or to both”–see paragraph 25(b) of the Trade Unions (Amendment) Act 2024 [Act A1700].
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(b)
any rule of the union relating to any matter specified in the First Schedule;
(c)
any regulation made under this Act for which no other punishment is provided; or
(d)
any summons, order, direction or condition given, made or imposed under this Act, shall be guilty of an offence and shall, on conviction, of an offence under this Act for which no other punishment is provided, be liable to a fine not exceeding five thousand ringgit.
(2)
Upon conviction of an unregistered trade union under this Act, every person proved to have been an officer or member of the executive of that trade union at any time after the commencement of this Act shall be deemed severally to be guilty of the offence for which the trade union was so convicted and the court shall, after necessary enquiry declare in its finding and order the name of each person so deemed to be guilty and shall pass sentence upon him according to law.
Power of enforcement
Section 63A
(1)
The Director General shall have all the powers necessary to investigate into any offence or enforce any provision under this Act or any regulations made under this Act.
Section 63B
Enforcement officer
(2)
There shall be issued to each enforcement officer an authority card to be signed by the Director General.
Trade Union 63
(3)
When such enforcement officer exercises any of the powers under this Act or any regulations made under this Act, he shall, on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection (2).
Powers of examination
Section 63C
(2)
A person to whom a written notice under subsection (1) has been given shall comply with the terms of such written notice and shall attend in accordance with the terms of the written notice to be examined, and shall continue to so attend from day to day as directed by the Director General until the examination is completed, and shall during such examination disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him, in respect of the matter in relation to which he is being examined.
(3)
An examination under subsection (1) shall be reduced into writing by the Director General and shall be read to and signed by the person being examined, and where such person refuses to sign the statement reduced into writing, the Director General shall endorse thereon under his hand the fact of such refusal and the reasons thereof, if any, stated by the person examined.
(4)
Any statement made by any person under this section shall be admissible as evidence in any proceedings in court under this Act against the person or any other person.
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Production, etc., of article or document
Section 63D
In the course of investigation or examination under this Part, the
(b)
inspect, make copies of, take extracts from, remove and detain any article or document.
Seizure of article or document
Section 63E
Director General may—
Where the Director General in carrying out an investigation under this Act or any regulations made under this Act, has reason to believe that an offence has been committed against this Act or regulations made under this Act, he may seize any article or document produced under section 63D and such article and document shall be admissible in evidence in any proceedings in court under this Act against the person or any other person.
Section 64
Prosecution and power to enter premises
(2)
The Director General may—
(a)
for the purposes of discharging any of his duties or carrying out any of his functions under this Act or any regulations, or otherwise for any of the purposes of this Act or any regulations, enter at any reasonable time into the registered office of a trade union or any premises or place which he has reason to believe is kept or used for the purposes of the trade union and may carry out such inspection and examination as he may consider necessary; and
Trade Union 65
(b)
where he has reasonable grounds for believing that an offence under this Act or any regulations has been committed, enter at any time, after obtaining a search warrant from a Magistrate, any office, premises or place which is specified in the search warrant, and carry out any search, inspection or examination, and seize or detain any article or document found in such office, premises or place which may be required for the purposes of any prosecution in respect of such offence.
(3)
A search warrant under paragraph (2)(b) may be issued by a
Magistrate to the Director General if he is satisfied upon written information by the Director General that there is good reason to believe that an offence under this Act or any regulations has been committed, and that the office, premises or place to be specified in the search warrant is kept or used for the purposes of the trade union.
Saving of offences under other written law
Section 65
Subject to Clause (2) of Article 7 of the Constitution, the offences and penalties specially defined and provided in this Act are in addition to and not in substitution for those defined and provided in any other written law.
Section 65A
Liability of president, secretary, treasurer etc., of trade union
Where an offence under this Act or any regulations made under this Act has been committed by a trade union, any person who at the time of commission of the offence was a president, secretary, treasurer or other officer of the trade union or person purporting to act on the instruction of the president, secretary, treasurer or such other officer of the trade union—
(a)
may be charged severally or jointly in the same proceedings with the trade union; and
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(b)
if the trade union is found guilty of the offence, shall be deemed to be guilty of that offence and shall be liable to the same fine or penalty as an individual unless having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge; and
(ii)
that the offence was committed without his consent or connivance and that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Part XI
PART XI
MISCELLANEOUS
Act not to affect certain agreements or authorize action outside rules
Section 66
(b)
any agreement between an employer and those employed by him as to such employment; or
(c)
any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.
(2)
Nothing in this Act shall be deemed to authorize a trade union to act contrary to, or in excess of the powers conferred upon it by, its rules.
Trade Union 67
Legislation relating to societies and companies not applicable to trade unions
Section 67
(2)
No association or combination of workmen or employers having among its objects one or more of the objects set out in paragraph (c) of the definition of “trade union” in subsection 2(1) other than the regulation of relations between workmen and workmen or between employers and employers, as the case maybe, shall be registered as a society under the *Societies Act 1966 or under any other written law providing for the registration or recording of societies; and any such association or combination (not being a registered trade union or exempt from this section by any order made under subsection (4))
shall be deemed to be an unlawful society for the purposes of such Act and such other written law.
(3)
No company registered under any written law relating to companies in Malaysia shall be eligible to apply for registration as a trade union; and no trade union shall be registered as a company under any such written law, and any such registration shall thereupon be deemed to have cancelled and of no effect for the purposes of this Act.
(4)
The Minister may by order exempt, either absolutely or subject to such conditions as he may think fit, any association or combination of workmen or employers from all or any of the provisions of this section.
*NOTE—The Societies Act 1966 [Act 335] has been superseded by the Societies Act 1966 [Act 832] w.e.f.
1 December 2021.
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Service of legal process
Section 68
Every summons, notice or other document required to be served on a trade union in any civil or criminal proceeding shall be deemed to be duly served if it is delivered at the registered office of the trade union or if it is served personally on the president or the treasurer or the secretary or on any officer of the trade union provided that such service is otherwise in compliance with the requirements of any relevant written law.
Section 68A
Service of summons issued by the Director General
(2)
Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt for the copy of the summons on the back of the original summons.
(3)
In the case of a corporation the summons may be served on the secretary or other like officer of the corporation.
(4)
Where the person to be summoned cannot by the exercise of due diligence be found the summons may be served by leaving a copy of the summons for him with some adult member of his family or with his servant residing with him.
(5)
Where the person to be summoned cannot by the exercise of due diligence be found and service cannot be effected in the manner provided for in subsection (4), the serving officer shall affix a copy of the summons to some conspicuous part of the house or other place in which the person summoned ordinarily resides, and in such case the summons shall be deemed to have been duly served.
Trade Union 69
(6)
When a summons issued is served under this section, an affidavit of such service purported to be made before an officer duly authorized to administer an oath shall be admissible in evidence.
Notification in the Gazette
Section 69
The fact that any trade union has been registered, the fact that the certificate of registration of any registered trade union has been withdrawn or cancelled, the fact that any change of name or amalgamation affecting any registered trade union has been registered, the fact that any change in the situation of the registered office of a trade union has been registered, and the fact that any registered trade union has been dissolved shall be notified by the Director General in the Gazette.
Inspection, production and evidence of documents of the Director
Section 70
General
(2)
No process for compelling the production of any document kept by the Director General shall issue from any court except with the
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leave of that court, and any such process if issued shall bear a statement thereon that it is issued with the leave of that court.
(3)
A copy of or extract from any document kept and registered at the office of the Director General, certified to be a true copy under the hand and seal of the Director General, shall in all legal proceedings be admissible in evidence as of equal validity with the original document.
Power of Director General to summon witnesses
Section 71
(a)
as to the existence of or as to the operations of any trade union or suspected trade union, which is not registered under this Act; or
(2)
The person so summoned shall attend at the hour and place in the summons specified, and produce all documents in his custody, possession or power relating to such trade union or suspected trade union, and answer truthfully all questions which the Director General may put to him.
(3)
The Director General may administer oaths to and examine on oath any person summoned before him under this section.
(4)
Any person who refuses to comply with such order or who obstructs compliance with such order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *five thousand ringgit.
(5)
No statement made by a person summoned before the Director
General under this section shall subject him to any arrest or criminal
*NOTE—Previously “five hundred ringgit”–see paragraph 28(b) of the Trade Unions (Amendment)
Act 2024 [Act A1700].
Trade Union 71
prosecution, or be proved against him in any criminal proceeding, except a prosecution for failing to answer truthfully under this section.
Appeal to Minister
Section 71A
(l)
section 76C, may, within thirty days from the rate of the opinion, order, declaration, refusal, cancellation, withdrawal, direction or decision of the Director
General, appeal against the same to the Minister, in such manner as may be prescribed by regulations.
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(2)
Except in matters relating to cancellation or withdrawal of certificate of registration of trade union, an appeal under subsection (1)
shall not operate as a stay of execution of the opinion, order, declaration, refusal, cancellation, withdrawal, direction or decision, as the case maybe, of the Director General unless the Minister otherwise directs, and where he so directs he may impose such terms and conditions as he deems fit.
(3)
The Minister may, after considering any such appeal, give such decision thereon as he deems just and proper.
(4)
A direction or decision of the Minister under this section shall be final and conclusive.
Admissibility of electronic record
Section 71B
(b)
any other document is stored or received by or communicated to the Director General in an electronic medium or by way of electronic transmission, the electronic record or the copy or print-out of that electronic record shall be admissible as evidence of the facts stated or contained therein:
Provided that the electronic record or the copy or print-out of that electronic record is—
(i)
certified by the Director General to contain all or any information furnished, stored, communicated or received in an electronic medium or by way of electronic transmission under this section; or
Trade Union 73
(ii)
otherwise authenticated in the manner provided in the
Evidence Act 1950 [Act 56] for authentication of documents produced by computer.
(2)
Where the electronic record of any form prescribed under this
Act or any other document, or a copy or print-out of that electronic record is admissible under subsection (1), it shall be presumed, until the contrary is proved, that the record or copy or print-out of that record accurately reproduces the content of that form or document.
(3)
For the purposes of this Act, “electronic medium” includes data, text, image or any other information stored, received or communicated by means of electronic, magnetic, optical, imaging or any other data processing device.
Part XII
PART XII
FEDERATION OF TRADE UNIONS
Formation of federation of trade unions
Section 72
Two or more registered trade unions in Malaysia may form or create a federation of trade unions if the consent of the members or delegates 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 service on the Director General and all members or delegates of the union, not less than fourteen days prior to such meeting, of notice of the proposed resolution to participate in the federation.
Section 73
Registration of federation of trade unions
(2)
Every application for registration under this section shall be signed by the secretary and by seven members of each and every registered trade union forming or creating such federation.
(3)
Upon receipt of any such application the Director General shall, if satisfied that this section and section 72 have been complied with and that the federation is entitled to registration, register the federation.
(4)
The Director General may, if he thinks fit, from time to time, grant an extension of the period specified in subsection (1), provided that no such period shall in any particular case, be so extended as to exceed a period of six months in the aggregate.
(5)
For the purposes of this section—
(a)
a federation of trade unions shall be deemed to have been established before the commencement of this Part if resolutions agreeing to form or create such federation have been passed substantially in the manner provided by section 72 by at least two registered trade unions before the date of such commencement;
(b)
a federation of trade unions established after the commencement of this Act shall be deemed to be established on the date on which resolutions are passed in the manner hereinbefore provided by at least two registered trade unions agreeing to form or create such federation:
Provided that, in the event of the resolutions being passed on different dates, the date of the establishment of such federation shall be deemed to be the date of the passing of the second of such resolutions.
Affiliation with registered federation of trade unions
Section 74
(2)
The registered trade union shall file with the Director General the notice of resolution to affiliate together with the notice of acceptance by the federation referred to in subsection (1), within one month from the date of the notice of acceptance by the federation.
(3)
Upon the filing of both the notices subsections (2), the Director
General shall, if he satisfied that the provisions of this section have been complied with, enter the fact of such affiliation in the register, and thereupon the trade union shall be deemed to be a member of the federation from the date of acceptance of such affiliation by the federation.
Provisions and penalties applicable to federation of trade unions
Section 75
The provisions of this Act relating to trade unions (including the provisions as to penalties) shall apply, so far as the same may be applicable, to a federation of trade unions as if such federation were a trade union.
Section 76
Decisions by secret ballot
The provisions of this Act relating to the taking of decisions by secret ballot shall apply to a federation of trade unions as if the individual members of the trade unions comprised in the federation were the members of that federation and not the unions, except in the matter of the election of officers, who shall be elected by secret ballot of the delegates representing the component unions.
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PART XIIA
CONSULTATIVE BODIES
Section 76A
Restriction on the formation of or affiliation with consultative or similar bodies
(a)
that such body pursues or intends to pursue any of the objects specified in the definition of “trade union” in subsection 2(1) other than the regulation of relations between workmen and workmen or between employers and employers, as the case may be; or
(b)
that the consent of the members or delegates of the union has not been obtained by a majority of votes taken at a general meeting or a meeting of delegates, after service on the members or delegates, as the case may be, not less than fourteen days prior to such meeting, of notice of the proposed resolution to affiliate with, or be a member of, such consultative or similar body.
(2)
Subsection
(a)
A registered trade union may form with any other registered trade union, affiliate with, or be a member of, any consultative or similar body, by whatever name called, established within Malaysia, that does not pursue or intend to pursue any of the objects specified in the definition of “trade union” in subsection 2(1)
other than the regulation of relations between workmen and workmen or between employers and employers, as the case may be, if the consent of the members or delegates of the registered trade union has been obtained by a majority of votes taken at a general meeting or a meeting
Trade Union 77
of delegates, after service on the members or delegates, as the case may be, not less than fourteen days prior to such meeting, of notice of the proposed resolution to form, affiliate with, or be a member of, such consultative or similar body.
(b)
The trade union concerned shall within sixty days of the formation, affiliation or membership referred to in paragraph (a) notify the Director General in writing of such formation, affiliation or membership and such notification shall be accompanied with a statement of the particulars referred to in subsection 76B(2).
(3)
Where any registered trade union is already affiliated with, or is a member of, any consultative or similar body, established outside or within Malaysia, under the repealed provisions of this Act immediately before the commencement of this subsection, the trade union shall be deemed to have obtained the permission of the
Director General referred to in subsection (1) or to have notified the
Director General as required under subsection (2), as the case may be.
Application for permission to form or affiliate with consultative bodies
Section 76B
General is satisfied—
(2)
Every application under subsection (1) shall be accompanied by a copy of the constitution and rules of the consultative or similar body and a statement of the following particulars, namely:
(c)
the title, name, date of birth, address and occupation of each office-bearer of such body and such other
78 Laws of Malaysia ACT 262
information and particulars regarding such office-bearer as the Director General may require to be furnished; and
(d)
such other information and particulars whatsoever relating to such body or to any person connected therewith or to the application as the Director General may require to be furnished.
Power of Director General to withdraw permission or declare affiliation invalid
Section 76C
Where—
(a)
any trade union which is affiliated with, or is a member of, any consultative or similar body: or
(b)
the consultative or similar body with which such trade union is affiliated, or of which it is a member, has been convicted of any of the offences specified in the
Fourth Schedule, the Director General may—
(a)
in the case of a trade union to which permission has been granted under subsection 76A(1), withdraw such permission; or
(b)
in the case of a trade union which has given notification to the Director General under subsection 76A(2), declare such affiliation or membership to be invalid, and upon such withdrawal or declaration, such trade union shall forthwith cease its affiliation with, or membership of, such consultative or similar body.
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Duty to inform the Director General of appointment to an office or employment in consultative bodies
Section 76D
(2)
A person who has been a member of the executive of any trade union the registration of which has been cancelled under this Act shall not hold office in or be employed by any consultative of similar body except with the permission in writing of the Minister and subject to such conditions as he may impose.
Application of *Societies Act 1966 to consultative body
Section 76E
Nothing in this Part shall render or be construed as rendering inapplicable to a consultative or similar body referred to in this Part the provisions of the *Societies Act 1966 or any other written law relating to the registration or recording of societies.
Section 76F
Interpretation of consultative or similar body
For the purposes of this Part the expression “consultative or similar body” includes any trade union council, trade union co-ordinating or advisory body, trade secretariat or any other
*NOTE—The Societies Act 1966 [Act 335] has been superseded by the Societies Act 1966 [Act 832] w.e.f.
1 December 2021.
80 Laws of Malaysia ACT 262
organization composed of trade unions other than a federation of trade unions registered or required to be registered under Part XII.
Part XIII
PART XIII
TRANSITORY PROVISIONS AND REPEAL
Transitory provisions relating to existing trade unions
Section 77
(2)
During the period of six months from the date of the coming into force of this Act an existing trade union may deliver to the
Director General an application for registration under section 8, together with a general statement of the assets and liabilities of such trade union prepared in such form and containing such particulars as may be prescribed:
Provided that such application need not be accompanied by the copy of the rules and the particulars required by subsection 10(2) unless the
Director General, within one month from the date upon which such application is made, shall so require.
(3)
An existing trade union shall not be registered unless the
Director General is satisfied that it complies with this Act.
(4)
In the event of an existing trade union failing to deliver an application for registration pursuant to subsection (2) within the period of six months from the date of the coming into force of this Act it shall immediately upon the expiration of such period be deemed to be dissolved, and its funds shall be disposed of in accordance with the rules of the union.
Trade Union 81
Transitory provisions relating to existing federations
Section 78
(2)
During the period of six months from the date of the coming into force of this Act an existing federation may deliver to the Director
General an application for registration under section 73; and no such existing federation shall be registered unless the Director General is satisfied that it complies with and has been established in a manner substantially in accord with section 72.
(3)
In the event of an existing federation failing to deliver an application for registration pursuant to subsection (2) within the period of six months from the date of the coming into force of this Act it shall immediately upon the expiration of such period be deemed to be dissolved, and its funds shall be disposed of in such manner as may be prescribed.
Repeal
Section 79
The Trade Unions Enactment 1940, of the Federated Malay
States, as extended to have effect throughout the Federation by virtue of the Trade Unions Ordinance 1946, and the Trade Unions Ordinance 1946, the Trade Unions Act 1965 [Act 81 of 1965], the Trade Unions and Trade Disputes Ordinance of Sabah and the Trade Unions
Ordinance of Sarawak are hereby repealed:
Provided that all appointments, regulations, rules made and all certificates issued under such Enactment as so extended and in force at
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the commencement of this Act shall continue in force and have effect as if they had been made or issued under this Act until other provisions shall be made under this Act.
*NOTE—see section 36 of the Trade Unions (Amendment) Act 2024 [Act A1700]
w.e.f 15 September 2024 which provides the following provision:
Saving
Section 36
(2)
Any opinion, order, declaration, refusal, cancellation, withdrawal, direction or decision, made, issued, given or effected under the principal Act immediately before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, continue to remain in force and effect until amended, repealed, rescinded, revoked or replaced.
(3)
Any action, appeal or proceedings commenced under the principal Act immediately before the date of coming into operation of this Act and pending under the principal Act shall, on the date of coming into operation of this Act, be continued as if the principal Act had not been amended by this Act.
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FIRST SCHEDULE
[Section 38]
MATTERS FOR WHICH PROVISION MUST BE MADE
IN THE RULES OF EVERY REGISTERED TRADE UNION
Section 1
The name of the trade union and the place of meeting for the business of the trade union.
Section 2
The whole of the objects for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, the conditions under which any member thereof may become entitled to any benefit assured thereby, and the fines and forfeiture to be imposed on any member thereof.
Section 3
The manner of making, altering, amending and rescinding rules.
Section 4
(a)
The election of members of the executive of the trade union in accordance with the rules of the union.
(b)
Subject to paragraph (a), the nomination, appointment or election and removal of an officer and of trustees, secretaries, treasurers and employees of the trade union.
(c)
The prohibition of the employment of all officers and employees of the trade union by any other trade union.
Section 5
The custody and investment of the funds of the trade union, the designation of the persons responsible therefor, and the annual or periodical audit of its accounts.
Section 6
The inspection of the books and names of members of the trade union by any person having an interest in the funds of the trade union.
Section 7
The manner of the dissolution of the trade union and the disposal of the funds thereof available at the time of such dissolution.
Section 8
Where applicable, the manner of establishing and dissolving any branch of the trade union and the manner in which any such branch and the accounts thereof shall be administered.
Section 9
The taking of decisions by secret ballot on the following matters:
(a)
the election of delegates to a general meeting, if the rules of the union provide for meetings of delegates, or to a federation of trade union;
(b)
the election of officers (other than trustees) by the members in accordance with the rules of the union;
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(f)
amendment of the rules where such amendment results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled;
(g)
amalgamation with another trade union or transference of engagements to another trade union.
Section 10
The procedure for holding ballots, the securing of the secrecy of secret ballots and the preservation of ballot papers for the prescribed period.
Section 11
The manner in which disputes referred to in Part VI of the Trade Unions
Act 1959, shall be decided.
Section 12
Cessation of membership if members commence, participate or otherwise act in furtherance of any strike in contravention of subsection 25A(1).
SECOND SCHEDULE
(Repealed by Act A483)
THIRD SCHEDULE
[Paragraph 27(3)(c)]
Name of institution, place, body of person
Name of body or authority
University Hospital referred to in
Statute XXVIII made under the
Constitution of the University of
Malaya
Hospital Board on Management constituted under Statute XXVIII made under the Constitution of the
University of Malaya.
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FOURTH SCHEDULE
[Paragraph 15(1)(d), subsection 15(1A) and section 76C]
Offences under Chapters VI, VIA and VIB of the Penal Code [Act 574]
86
Act 262
LIST OF AMENDMENTS
Amending law
Short title
In force from
L.N.115/1965
Modification of Laws (Trade Unions and Trade Disputes) (Modification and Extension) Order 1965
25-03-1965
L.N.311/1965
Modification of Laws (Trade
Unions) (Sarawak) (Modification and Extension) Order 1965
20-08-1965
Act 81/1965
Trade Unions Act 1965
09-11-1965
Act 36/1967
Trade Unions (Amendment) Act 1967
10-08-1967
Act 51/1967
Trade Unions (Amendment) (No. 2)
Act 1967
30-09-1967
Essential (Trade Unions)
Regulations 1969
10-10-1969
P.U. (A) 202/1970
Essential (Trade Unions) Regulations 1970
09-10-1969
Essential (Trade Unions) Regulations 1971
09-10-1969
Trade Unions (Amendment) Act 1971
01-10-1971
Act A198
Trade Unions (Amendment) Act 1973
01-06-1973
Act 160
Malaysian Currency (Ringgit) Act 1975 29-08-1975
Trade Union 87
Amending law
Short title
In force from
Trade Unions (Amendment) Act 1980 30-05-1980
P.U. (A) 330/1980
Trade Unions (Amendment of
Definition of “Managerial and
Professional Group”) Notification 1980 30-05-1980
P.U. (A) 274/1984
Federal Territory of Labuan
(Modification of Trade Unions
Act) Order 1984
16-04-1984
Trade Unions (Amendment) Act 1989
10-02-1989
Trade Unions (Amendment) Act 1989
05-05-1989
Act A798
Trade Unions (Amendment) Act 1991
15-06-1991
Trade Unions (Amendment) Act 2007
28-02-2008
Trade Unions (Amendment) Act 2024
15-09-2024
88
Act 262
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
Act 36/1967
P.U. (A) 274/1984
10-08-1967 30-05-1980 16-04-1984 10-02-1989 05-05-1989 28-02-2008 15-09-2024 3
30-05-1980 10-02-1989 28-02-2008
4
30-05-1980 10-02-1989 28-02-2008
4A
30-05-1980 10-02-1989
7
8
9
Act A1700 05-05-1989 15-09-2024
10
10-02-1989 28-02-2008
11
Act A90 10-10-1969 01-10-1971
Trade Union 89
Section
Amending authority
In force from
30-05-1980 10-02-1989 12
Act A1700 10-10-1969 01-10-1971 30-05-1980 10-02-1989 05-05-1989 15-09-2024
13
30-05-1980
14
10-02-1989
15
10-10-1969 01-10-1971 30-05-1980 10-02-1989 05-05-1989 28-02-2008 15-09-2024
16
30-05-1980 10-02-1989
17
10-10-1969 01-10-1971 30-05-1980 10-02-1989 15-09-2024
18
Act A1700 10-10-1969 01-10-1971 30-05-1980 15-09-2024
19
10-10-1969 01-10-1971 30-05-1980 28-02-2008
25
10-10-1969 01-10-1971
25A
Act A483 30-05-1980
90 Laws of Malaysia ACT 262
Section
Amending authority
In force from
10-02-1989 15-09-2024
26
Act A1700 10-10-1969 01-10-1971 30-05-1980 10-02-1989 05-05-1989 28-02-2008 15-09-2024
27
P.U. (A) 202/1970
P.U. (A) 330/1980
Act A798
10-10-1969 09-10-1969 01-10-1971 01-10-1971 30-05-1980 30-05-1980 15-06-1991
28
Act A1700 10-10-1969 01-10-1971 01-10-1971 30-05-1980 10-02-1989 05-05-1989 28-02-2008 15-09-2024
29
Act A1700 10-10-1969 01-10-1971 30-05-1980 10-02-1989 15-09-2024
31
Act A1700 28-02-2008 15-09-2024
32
Act A1700 10-02-1989 28-02-2008 15-09-2024
33
34
Act A717 10-02-1989
Trade Union 91
Section
Amending authority
In force from
15-09-2024
35
30-05-1980
37
10-02-1989 28-02-2008
38
Act A1700 30-05-1980 10-02-1989 28-02-2008 15-09-2024
39
30-05-1980
40
40A
28-02-2008
41
30-05-1980 10-02-1989
42
10-02-1989
43
10-02-1989 44
30-05-1980
45
10-02-1989
49
Act A198
Act A1700 01-06-1973 30-05-1980 28-02-2008 15-09-2024
50
30-05-1980 10-02-1989
50A
28-02-2008
52
10-10-1969 01-10-1971 30-05-1980
92 Laws of Malaysia ACT 262
Section
Amending authority
In force from
53
10-02-1989
54
Act A1700 10-10-1969 01-10-1971 30-05-1980 10-02-1989 15-09-2024
55
10-02-1989
56
Act A1700 30-05-1980 10-02-1989 28-02-2008 15-09-2024
57
58
10-02-1989
60
10-02-1989
61
Act A1700 30-05-1980 15-09-2024
62
63
30-05-1980 28-02-2008
63A
63B
63C
63D
63E
64
Act A483 30-05-1980
Trade Union 93
Section
Amending authority
In force from
10-02-1989 65A
67
30-05-1980 10-02-1989
68A
28-02-2008
69
30-05-1980 10-02-1989
70
30-05-1980 10-02-1989
71
71A
71B
72
73
10-02-1989
74
76A
76B
10-02-1989
76C
76D
10-02-1989
77
10-02-1989
94 Laws of Malaysia ACT 262
Section
Amending authority
In force from
78
10-02-1989
First Schedule
10-10-1969 01-10-1971 30-05-1980 10-02-1989
Second Schedule
30-05-1980
Third Schedule
Act A90 10-10-1969 01-10-1971 01-10-1971
Fourth Schedule
Common questions
- What is TRADE UNIONS ACT 1959?
- *TRADE UNIONS ACT 1959 is Malaysia Act, cited as Act 262 1959, currently marked in force and first recorded in 1959.
- Is TRADE UNIONS ACT 1959 still in force?
- Yes — TRADE UNIONS ACT 1959 is currently in force.
- When did TRADE UNIONS ACT 1959 take effect?
- TRADE UNIONS ACT 1959 was first recorded in 1959.
- How many sections does TRADE UNIONS ACT 1959 have?
- TRADE UNIONS ACT 1959 contains 111 sections.
- Where can I read the official version of TRADE UNIONS ACT 1959?
- The official text of TRADE UNIONS ACT 1959 is published at lom.agc.gov.my.