Section 25A
Strikes and lock-outs
(1)
No trade union of workmen shall call for a strike, and no member thereof shall go on strike, and no trade union of employers shall declare a lock-out—
(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—
(a)
remove the name of such member from its membership register;
(b)
inform the Director General and the member concerned of such removal; and
(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].
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(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.