Trade Unions (Amendment) Act 2024

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

in subsection (1), in the definition of ‘ “trade union”

or “union” ’, by deleting paragraph (a); and

by deleting subsection (2).

TRADE UNIONS (AMENDMENT) ACT 2024

in subsection (1), by substituting for the words

“one month” the words “six months”; and

in subsection (2), in the proviso, by substituting for the words “six months” the words “twelve months”.

by deleting subsection (2);

in subsection (3)—

by deleting paragraphs (a), (b) and (c); and

Trade Unions (Amendment)

by inserting after subsection (3) the following subsection:

“(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.”.

Amendment of section 15

in subsection (1)—

in paragraph (b)—

by deleting subparagraph (ii);

by substituting for subparagraph (iii)

the following subparagraph:

“(iii) that the membership of its executive is in contravention of paragraph 28(1)(c)

or (d);”;

by deleting subparagraphs (iv) and (v);

by substituting for subparagraph (vi)

the following subparagraph:

“(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”;

and

in subparagraph (vii), by deleting the word

“or” at the end of the subparagraph;

by inserting after subsection (1) the following subsection:

“(1a)  The Minister may by order add to, delete from or amend the Fourth Schedule.”;

by deleting subsection (2);

in subsection (2 a), by deleting the words

“or paragraph (2)(a)”; and

by deleting subsection (2b).

in subsection (1)—

by substituting for paragraph (a) the following paragraph:

“(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;”; and

in subsection (2), by substituting for the words

“two thousand ringgit, or to imprisonment for a term not exceeding one year, or to both, and a further fine of one hundred ringgit” the words “five thousand ringgit and a further fine of two hundred ringgit”; and

by inserting after subsection (7) the following subsection:

“(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.”.

Amendment of section 26

in the shoulder note, by substituting for the words

“of minors” the words “of trade union”;

in subsection (1), by substituting for the words

“under the age of twenty-one, but above the age of sixteen”

the words “who has attained the age of fifteen years, but under the age of twenty-one years”;

in subsection (1a), by substituting for the words

“employed or engaged in any establishment, trade, occupation or industry in respect of which the trade union is registered” the words “a workman or an employer”;

by substituting for subsection (1b) the following subsection:

“(1b)  Notwithstanding subsection (1a)—

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

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.”;

by inserting after subsection (1b) the following subsection:

“(1c)  No membership of a trade union shall be confined to a particular race, religion or nationality.”;

and

by inserting after subsection (2) the following subsection:

“(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.”.

Trade Unions (Amendment)

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Amendment of section 28

in paragraph (c), by substituting for the words

“subparagraph 15(1)(b)(iv), (v) or (vi)” the words

“subparagraph 15(1)(b)(vi) or paragraph 15(1)(d)”;

by substituting for paragraph (c1) the following paragraph:

“(ca)  he is an office-bearer of a political party;”;

in paragraph (d), by deleting the words “or of any offence which in the opinion of the Director General renders him unfit to be an officer of a trade union”; and

in the proviso, by substituting for the words

“paragraphs (a) and (b)” the words “paragraph (a)”.

Amendment of section 29

by substituting for subsection (1) the following subsection:

“(1)  A registered trade union or registered federation of trade unions may, subject to subsection (2) and the rules of such trade union or federation of trade unions, employ any person as an employee of the registered trade union or of the registered federation of trade unions.”; and

in subsection (3)—

by deleting the words “subsection (1) or”; and

by substituting for subsection (1) the following subsection:

“(1)  Subject to section 34, any registered trade union may, with the consent of more than one-half of its members or delegates, change its name.”; and

in subsection (2), by inserting after the words “its members”

the words “or delegates”.

by substituting for the words “increase of members’

subscription” the words “imposition of levy”;

Trade Unions (Amendment)

by inserting after the words “more than one-half”

the words “of the votes returned”; and

by substituting for the words “have voted in favour of”

the words “are in favour of”.

in subsection (1), by substituting for the words

“one thousand ringgit” the words “five thousand ringgit”;

and

in subsection (2), by substituting for the words

“one thousand ringgit, or to imprisonment for a term not exceeding six months, or to both” the words

“five thousand ringgit”.

There shall be issued to each enforcement officer an authority card to be signed by the Director General.

Trade Unions (Amendment)

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 63c.  (1)  The Director General in carrying out an investigation into any offence under this Act or any regulations made under this Act may by notice in writing, require the attendance of any person acquainted with the facts and circumstances of a case to appear before him for the purpose of being examined orally by the Director General in relation to any matter which may, in the opinion of the Director General, assist in the investigation.

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.

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.

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.

Production, etc., of article or document 63d.  In the course of investigation or examination under this Part, the Director General may—

may be charged severally or jointly in the same proceedings with the trade union; and

Trade Unions (Amendment)

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—

that the offence was committed without his knowledge; and

by substituting for the words “may be arrested and detained in custody” the words “shall be guilty of an offence”;

and

by substituting for the words “five hundred ringgit”

the words “five thousand ringgit”.

Amendment of section 71a

in subsection (1)—

by deleting paragraph (a);

in subsection (2), by substituting for the words “An appeal”

the words “Except in matters relating to cancellation or withdrawal of certificate of registration of trade union, an appeal”.

any prescribed form is furnished by way of electronic transmission; or

any other document is stored or received by or communicated to the Director General in a n e l e c t r o n i c m e d i u m o r b y w a y o f 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—

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

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.

Trade Unions (Amendment)

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.”.

Amendment of section 72

by deleting the words “whose members are employed in a similar trade, occupation or industry”;

by inserting after the words “consent of the members”

the words “or delegates”; and

by inserting after the words “Director General and all members” the words “or delegates”.

in paragraph (1)(b), by inserting after the words

“that the consent of the members” the words “or delegates”;

and

in paragraph (2)(a), by inserting after the words

“if the consent of the members” the words “or delegates”.

Amendment of section 76c

by deleting the words “the Director General is satisfied that”; and

by substituting for the words “has acted or is acting in contravention of any provision of this Act or any other written law or any condition imposed by him, he may”

the words “has been convicted of any of the offences specified in the Fourth Schedule, the Director General may”.

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.

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.