Persatuan Pekerja-Pekerja Am Selangor

Satu inisiatif baru untuk menyatupadukan pekerja-pekerja yang diambil kerja mengikut 'sistem kontrak kerja'. Idea ini timbul dari satu mesyuarat bersama pekerja-pekerja janitors pada 12 Feb 2012di Kajang Utama. 


Masalah-masalah golongan pekerja ini:

1.      Mereka bekerja di semua tempat: shop houses, flats/ apartments, bank, jalan raya, shopping centers, schools, business centers, universities, showrooms and on call cleaners
2.      Jenis kerja – housekeeping, gardening
3.      8 jam kerja; 6 hari seminggu; ada OT
4.      Kerja tak tetap; mudah di buang kerja
5.     Tiada perjanjian pekerjaan –di ambil kerja sebagai pekerja kontrak menggunakan sistem kontrak buruh – yang telah dijadikan sah dengan pindaan undang-undang pekerjaan baru-baru ini oleh kerajaan BN
6.      Kebanyakan pekerja tiada EPF & SOCSO
7.     Tiada slip gaji; tiada bonus; tiada kenaikan gaji; tiada sebarang allowance
8.      Kemudahan transport disediakan – tapi di potong dari gaji
9.     Tidak ada tempat mengadu masalah termasuk Jabatan Buruh
10.      Pekerja – Malays, India, pekerja asing (dari Bangladesh, Indonesia)
11.      Tidak boleh membeli sebarang aset seperti rumah dan kenderaan kerana tiada bukti kerja yang dibuat; gaji terlalu rendah; tidak boleh apply loan
12.       Gaji yang rendah antara RM500-RM800; masalah kemiskinan; pendidikan anak-anak terganggu/ ada yang tak pergi sekolah
13.       Bergantung pada bantuan kebajikan.

Kami bercadang untuk mengumpul seramai 100 ahli sebelum menguruskan satu mesyuarat dengan ahli-ahli untuk menentukan tuntutan-tuntutan yang akan di serahkan kepada pihak kerajaan - BN dan Pakatan

Jika anda berminat hubungi Sdri Koyilvani, 016-3733692. Borang Keahlian boleh diperolehi atas permintaan. 

INI ERA 21 BUKAN 18

SISTEM KONTRAK BURUH MESTI DI HAPUSKAN. 

SEMBANG-SEMBANG KIRI...22 Mar 2012

DISKUSI KIRI – KHAMIS MINGGU KETIGA SETIAP BULAN


Adakah anda berminat untuk membincang secara progresif isu-isu semasa, ideologi dan masalah rakyat biasa? Pustaka Kiri beralamat di No 8, Tingkat 2, Jalan Balakong, Batu 11, Jalan Cheras, 43000 Kajang, Selangor mengadakan diskusi khas sebulan sekali pada minggu ke tiga hari Khamis. Topik perbincangan akan datang:

Tarikh:   22 March 2012

Masa:      8 mlm

Topik:    1 CARE: Adakah rakyat biasa akan manfaat @ derita?
Speaker: Dr. Kumar (PSM, MP Sg. Siput)

(Hubungi Letchimi 016-9268776, untuk maklumat lanjut)

Latarbelakang

(i) Diskusi kiri pertama di adakan pada 27 Jan 2011; topik perbincangan Kepentingan Teori dan Praktis. Rata-rata mengatakan teori dan praktis tidak boleh dipisahkan. Tanpa Teori, hala tuju menjadi kabur. Dengan Teori tetapi tak buat kerja macam cakap kosong sahaja. Dr. Nasir berkata it is not this or that , it is this and that - the dialetics and the unity of the opposites. 

(ii) Diskusi Kiri kedua pada 17 Feb 2011 'Rebuilding the Left' membincangkan kritikan tajam Martha Harnecker. Marta adalah seorang sociologist, political scientist, wartawan dan aktivis. Beliau mempunyai pengalaman luas kerana terlibat di Chile, Cuba dan Venezuela. Komrad Rani mengendalikan sesi kali ini dan antara kritikan Martha yang tajam terhadap kaum kiri hari ini adalah kegagalan  untuk menyatukan segala kuasa yang ada untuk menentang sistem kapitalis.

(iii) Diskusi Kiri ke-3, 17 Mar 2011 mengenai Teori Revolusi.  Permulaan tahun 2011, memperlihatkan revolusi atau kebangkitan rakyat meletup di Africa Utara dan Dunia Arab. Dr. Jeyakumar - Ahli JK Pusat dan Ahli Parlimen PSM Sungai Siput membincangkan persoalan ini. Beliau mengimbas Revolusi dari zaman Marx à Paris Commune, Lenin (Bolshevik), Mao, Fidel & Che sehingga ke Chavez. Banyak persoalan diungkitkan samaada Revolusi boleh berlaku di negara berbilang kaum macam Malaysia, apakah peranan kita dan bagaimana memastikan parti yang menang revolusi tidak menjadi korup..

 

(iv) Diskusi Kiri ke 4, 21 April 2011 - Nu  clear: Mengapa Bantah? Tetamu khas kita ialah Sdra Shao Loong, seorang aktivis alam sekitar. Projek Lynas di Kelatan juga dibincang. Hasil diskusi:

• PEMBINAAN REAKTOR NUKLEAR DI MALAYSIA harus dihentikan kerana risau tentang keselamatan dan belum ada teknologi untuk mengendali sisa nuklear. Lagipun ia terlalu mahal dan ada alternatif yang lebih baik untuk mendapatkan sumber tenaga. Daripada membuang berjuta-juta ringgit dalam teknologi kuasa nuklear, pembinaan empangan-empangan besar dan perlombongan bahan fosil yang memudaratkan bumi, salurkan duit itu kepada teknologi kuasa angin, solar dan geothermal.
• HENTIKAN PROJEK PEMPROSESAN NADIR BUMI (RARE EARTH) DAN KUATKUASA UNDANG-UNDANG PEMELIHARAN ALAM SEKITAR, kerana toksik-toksik dan bahan radioaktif yang dihasilkan oleh industri-industri akan menjejaskan rantai makanan dan kesihatan rakyat.

(v) Diskusi Kiri ke 5, 22 Sept 2011 - Malaya tak pernah di jajah? Bukit Kepong dan sama ada PKM ada peranan dalam Kemerdekaan Malaya. 

(vi) Diskusi Kiri ke 6, 24 Nov 2011 - Isu Seksualiti: Hak Asasi atau Keruntuhan Moral.  

Diskusi ini timbul kerana polis tiba-tiba mengharamkan Seksualiti Merdeka kerana ia menjadi ancaman negara. Sejauh manakah kita faham tentang isu ini dan adakah adil masyarakat ini disingkirkan kerana ‘sexual orientation’ mereka. Sdra Pang Khee Teik, seorang aktivis hak seksualiti, photographer, penulis dan performer telah memberi satu penjelasan yang cukup bagus. 

(vii) 26 Jan 2012 - Diskusi Kiri membincangkan PSM dan Program Mempolitikkan Pekerja. Idea-idea untuk memperkasakan kerja-kerja mobilisasi kumpulan pekerja telah dibangkitkan dari online (facebook, blog, twitter) ke tindakan jalanraya.....

(viii) 23 Feb 2012 - Satu sesi berkongsi maklumat 'bagaimana mengendali kes-kes kebajikan'. Wakil DAP Balakong adalah tetamu khas kita yang telah menjelaskan beberapa program khas Kerajaan Pakatan Selangor untuk masyarakat miskin.

Three Women Unionists Need Funds for a Legal Battle

PARTI SOSIALIS MALAYSIA CAWANGAN KAJANG No.8, Tingkat 2, Jalan Balakong, Bt. 11, Jalan Cheras, 43200 Cheras. Tel/Fax: 03-87374772       Blog: www.psmkajang.blogspot.com

3 March 2012

Dear Comrades and Friends,

Three Women Unionists Need Funds for a Legal Battle

The Appeals Court judges on the 21^st March 2012 allowed the Bosses appeal against 3 women activist who were dismissed 14 years ago allegedly for conducting union activities during work hours. It was definitely one of the most unscrupulous judgments – a clear endorsement of union busting by the learned judges, Abdul Wahab Patail, Ananthan Kasinathan and Linton Albert.

Dear Friends and comrades, we have only one last legal option available to seek justice for the plight of three brave women unionist and their 14 years struggle for justice. We want to appeal to the Federal Court. The chances of winning is maybe slim but no struggle ends without a fight and fight till the end we shall.

We would need to raise a minimum of RM 5,000 for their case for legal disbursements. 

Background

Guppy Union was started by an entirely women workers who worked in a plastic factory in Balakong, Cheras. Their struggle and desire to start a Union started fourteen years ago, when they were frustrated with their bosses for increasing their wages a mere 10cents.

The workers then decided, ‘it’s time to get organised’ and the first meeting to establish Union Protem Committee was held on the 16 Nov 1997. The entire leadership was in the hands of women workers. Koyilvani who was serving the Guppy Industries since July 1989, Roshamiza since April 1993 and Kanniamah since July 1991 were the office bearers along with 4 other committee members. The government approved Guppy Industries Workers Union on 27 April 1998 after much hassle. Since then union members recruitment work was intensified as the Trade Union Registrar rule says 3/4 workers must become members in order to get management’s recognition. The workers faced numerous harassment from the management that was trying hard to discourage the workers from joining the union. The union applied for their recognition on the 30 May 1998.

4 days later after notifying their intention to form a Union to the company, all 7 office bearers were suspended on various allegations. Many reports were lodged with the relevant government agencies against the union busting boss. There was no proper domestic inquiry and the main 3 key people were sacked with 24 hours notice on 18 Jun 1998. The other 4 were suspended and reinstated meanwhile 2 of these members, deputy chairperson, Rahimah and deputy treasurer, Visaletchumy were later suspended again on 25 Aug 2001 and finally sacked on 3 Oct 2011 for another wild allegation –misuse of union funds!!??

Of course the Companies uses many trumped up reasons to sack the workers.

 

Obviously, the application for union recognition was rejected, apparently because there was no ¾ membership. It seems Guppy has another branch in Prai, Penang. The union then extended their recruitment activity in Prai and so does the company in harassing workers from joining the union. Two active Prai union committee members, Kumaresan and Suriakala were sacked on 29 & 30 Oct 2001.

Now what do you call all this? Is this not Union Busting? The Industrial Court does not believe so and they believe on the Company story entirely which is misconduct while the Appeal Court agrees to this.

The struggle of how the Guppy Union tried to survive despite the union busting by the Guppy Management can go on and on. The workers and the union leaders have suffered and gone through a lot of predicament. In the entire situation, government department and their laws did not help – it’s useless! 

Friends, these are some of the reasons, why we can’t let go of the one last chance we have – to file for appeal at the Federal Court. To do that, the 3 workers need to pay an amount of not less than RM5, 000 for legal disbursement. The leave application need to be filed by the 21 March 2012. They can’t afford the money and we seek your support to raise RM5,000.

As you know, in Malaysia less than 7% workers are unionized. Several employment and union busting laws were created more than 30 years ago and are continuously being amended to favor the bosses and undermine the workers movement. PSM is planning to intensify our campaign against union busting bosses with support from other progressive unions in the coming month. We are hoping that this campaign would give more credentials to this appeal case to be filed soon.

If you are interested to contribute to the legal disbursement, to enable our pro borno lawyers to file the case, please contact Koyilvani at 016-3733692 or myself at 016-9268776. You could also bank in the contribution to our Parti Sosialis Malaysia, Kajang Branch AM Bank account No. 0872012007009

We thank you for your support to the cause.

In solidarity,

Letchimi Devi.D
Coordinator

APPEAL COURT ENDORSERS UNION BUSTING BOSS !

APPEAL COURT ENDORSERS UNION BUSTING BOSS ! 21 February, Putrajaya It just took 20 minutes for three learned judges to allow an appeal by the Guppy Industries Bosses which resulted in the courts upholding an Industrial Court decision to dismiss three women unionist who tried to form a union fourteen years ago. The judges Abdul Wahab Patail, Anantham Kasinathan and Linton Albert did not show much compassion nor empathy and gave a thumbs up judgment favoring the union busting boss of Guppy. Today the three learned judges felt that the Industrial Court ruling against the three is correct. They felt that the High Court ruling favoring the three unionists was just a verdict to lessen the punishment which was harsh and therefore felt that the Industrial court ruling of the three being sacked as correct. Today the court said that the three unionists were sacked for doing union work during work. This is absolutely not true and all the workers have testified against this lie. It was the employer’s words against the worker’s words. The Industrial court chairperson believed only the employer’s side and therefore the judgment was against the workers. Today the Appeal court seems to give a similar narrow verdict on this in spite of the Company boss in the witness box saying and admitting that he was doing union busting. PSM feels that this verdict it outrageous and disgraceful and misses the whole point of justice. On 27 April 1998, the Guppy Employer suspended the entire Protem Committee of the newly formed Guppy Union. They did not conduct any domestic inquiry but when the case was brought up to the Industrial court, the bosses said that the workers admitted. This lie is made in spite of numerous police reports and complaint letters by the Union. The Company later sacked 3 main office bearers of the Union Koyilvani (chairperson), Roshamiza (Secretary) and Kanniamah (Treasurer). Today after fourteen years, the Appeal court gives an appalling verdict. This seems to be the faith of the workers who brave themselves to form a union. Today nationwide Union membership has dropped to less than 7 percent. Perhaps it is time; the Registrar of Trade Unions just closes its office rather that provide lip-service. The Registrar of Trade Unions has failed to protect the right of the unions and more and more laws are made to ensure Union rights are eroded. PSM has previously called for automatic registration of trade unions as any workers who plans to form a union has to do it in secrecy without any protection. Today the court has given much leeway to union busting Bosses. They have indulged themselves not on the substance of the matter but rather on trivial issues in determining a verdict. The workers who form the majority class in any nation will have no choice but to fight on. Whatever the odds maybe, PSM will continue to work with workers and progressive unions in this struggle. The workers have nothing to lose except their chains. They have a world to win S.Arutchelvan Secretary General PSM

3 Heroes of Guppy Union

3 WOMEN UNIONIST GET JUSTICE AFTER 13 YEARS OF WAITING!!! 

4 Nov 2011, Cheras Jaya

Today in history, Barack Obama won the US presidential election in 2008 and Ronald Reagan won on 4 Nov 1980. While those dates have no significant to politics in Malaysia, yet  here in Malaysia 3 brave women unionist who were instrumental to establish the all-women in-house union which resulted in them getting the sack by their company in 1998 decided to celebrate their victory on this date in front of the factory they worked for, Guppy Plastic Industries Sdn Bhd, located at Lot 15-19, Lorong 3A, Kawasan Perusahaan Cheras Jaya,  Jalan  Balakong, 43200 Cheras.

The union which is led by a strong all women team was registered officially on the 27th April 1998. Two months after that, the entire Union Protem committee was suspended. Subsequently, three key office bearers - Koyilvani (chairperson), Roshamiza (Secretary) and Kanniamah (Treasurer) was sacked. This did not deter the young workers from continuing the struggle. The Factory Owners, Guppy Plastic Industries refuse to give recognition to the Union instead continued to harass the union members. The State never protected the workers or their union. In spite of these harsh realities, the workers did not lose their fighting spirit.

A small group of friends and labour activists from JERIT and PSM gathered opposite the said factory at around 11a.m with a banner: ‘Congratulations, 3 Heroes of Guppy Union – The High Court ruled the sacking of the union leaders as unlawful ’.  A press conference was organised, after which the 3 workers gave away sweets to workers from the factory during lunch time. Some workers coming out from the factory whispered ‘the boss is watching’ thus their reluctance to take the sweets. That is the bitter truth about organising unions in Malaysia. There is hardly any protection to workers who form unions.

The following handout prepared by Party Socialist Malaysia (PSM) and endorsed by Marginalised People’s Network (JERIT) was distributed during the victory celebration:

3 HEROES OPEN VICTORY CELEBRATION: ROSHAMIZA, KOYILVANI & KANNIAMAH – FOUNDERS OF GUPPY PLASTIC INDUSTRIES WORKERS UNION

On 14 December 2009, the Kuala Lumpur High Court found that the sacking of 3 Guppy Workers Union’s leadership is unfair, too harsh and wrong! This is a grand victory because these workers faced numerous harassment and threat from their employer, since they established the union in 1998.

The Guppy Plastic Industries Union that was registered on 27 April 1998 is unique because the entire leadership were women. Yet their management feared their strength and capability to the extend of:

·         Sacking the union chairperson, Comrade Koyilvani with 24 hours notice on 18 Jun 1998. The allegation was that she carried out ‘anti-company’ activities!

·         Suspend the deputy chair, Comrade Rahimah twice, on 4 Jun 1998 and 25 Aug 2001

·         Sacking the union secretary with 24 hours notice on 18 Jun 1998, also alleged of anti-company activities

·         Sacking the union treasurer, Comrade Kanniamah with 24 hours notice on 18 Jun 1998, alleged of anti-company activities

·         Suspend assistant treasurer, Comrade Visaletchumy twice, on 4 Jun 1998 and 25 Aug 2001

The company accused them of weird and awful things like forcing the workers to join union and misusing funds, even police were brought in once to arrest two of the office bearers. The workers lodged more than 20 complaints to the National Industrial Relation Office against the employer who continued to victimise the union members. On the 24 Jun 1998, more than 100 workers signed a petition opposing the sacking of their union leaders.

The support from the union members was so great at the time that it was the sole motivation for the leadership to pursue their struggle even while they were loosing their job. They had several victories to be proud of, among others:

(i) 2 of the office bearers who were suspended won their case at the Industrial Court on 5 Jan 2006. They were compensated but were forbid from announcing the amount to the public!

(ii) The Union filed a case against their management for union busting activities. On the 4 Dec 2001, the Industrial Court president, Dato Umi Kalthum bin Abdul Majid said  “Whether you like it or not Mr. Goh (the management), trade unions are here to stay, and you have to accept the existence of the Kesatuan Pekerja pekerja Guppy Plastic Industries (Guppy Plastic Industries Workers Union)”.

(iii) A campaign was launched by the union against new employment rules and regulations introduced by their employer, in year 2000. Many of the company rules were against the 1955 Employment Act as well as the Federal Constitution. Among the violations are related to right to union activities, work hours, termination notice, retirement age discrimination between men and women workers. The matter was brought to the attention of Industrial Relation Office, Labour Department and the Human Resource Ministry.

(iv) On 6^th. May 2008, the Industrial Court ordered the Guppy management to give more space for the union to operate and was asked to remove the anti-union clause from the company’s employment rules. The migrant workers are allowed to be union members. The management agreed to improve it’s relationship with the NEW Union Committee.

(v) In Jun 2001, about 30 women workers were sacked within 24 hours for reason they have reached ‘retirement age’, 50 when in fact at the time, most of them were above 50 and number of them were even hired when they were 50! Only 9 women filed a case at the Industrial Relations office for the unlawful sacking and they won the case [No. 26 (14)/4-244/05, Award No. 1147]. On 18/4/2008, the Industrial Court president, Rajandran Nayagan said “The Industrial Court will show the way and make a ruling which will be useful to society “Do you know how a civilized society is gauged?  It is gauged by how it treats women in society.”

Unfortunately, the case was lost in the High Court and it’s pending at the Appeals Court for more than 1.5 years for a trial date!

Chronological Event of the Case won by the 3 Union Leaders

• ·     On 27 April 1998, 7 brave women started a union to defend the rights of the workers at the factory that were facing many challenges, among others low wages.
• ·         On 4 Jun 1998, all 7 women were suspended on allegation they are going against the company when it was so obvious that they were suspended for initiating the union!
• ·     On 18 Jun 1998, 3 main office bearers in the union, Koyilvani (was working in Guppy since 4/7/1989), Roshamiza (since 12/4/1993) and Kanniamah (since 16/7/1991) were terminated immediately without any domestic inquiry.
•         On 30/9/1998, the case was referred to the Industrial Court.
•       Due to some reason, the case was delayed and the second trial only started since 26 July 2004. The Industrial Court Chairperson was Madam Soo Ai Lin.  The unionist lost the case on 31 Mei 2006
• ·         Case was appealed at the High Court on 19 July 2006 and their lawyer was Edward Saw Keat Leong.
• ·         Trial at the High Court proceeded and the unionists won the case on 14 Dec 2009. The judge, Mohamad Ariff bin Md. Yusuf referred the case back to the Industrial Court to work out the compensation.
• ·         Even though they won but the management threatened them to accept a lower percentage of the total compensation and not to say a word about this victory to the public, failing which  saying the company would appeal the case and the case would drag on much longer.
• ·         On 30 Oct 2011, the 3 unionist strongly felt that their termination was unlawful and since the High Court decision favoured them, the right thing to do is to announce the victory.

This case is very significant:

1.         Because to say that a worker terminated from his/her job could only get justice after 13 years and even that is not confirmed when in fact the worker can only get maximum 2 years retrenchment benefit.

2.         Victimisation of union leaders is so common and transparent, yet the issue is not given fair attention.

3.         These 3 ‘ordinary’ women has demonstrated to their company which bullies and threatens them that they cannot be lured with money alone. They too have their dignity and pride. Money is not everything and today they have come forward without fear to give a clear message that the workers must be brave to expose their Employer who spent thousands and thousands of Ringgit because he does not want a union in his factory.

4.         The current laws does not protect Unionist.

Reported by

Letchimi

LIKE IT OR NOT - TRADE UNION ARE HERE TO STAY

LIKE IT OR NOT - TRADE UNION ARE HERE TO STAY- INDUSTRIAL COURT PRESIDENT

Industrial Court KL, 4^th. December 2007

" Whether you like it or not Mr. Goh , trade unions are here to stay , and you have to accept the existence of the Kesatuan Pekerja pekerja Guppy Plastic Industries ( Guppy Plastics Workers Union ) " said the Industrial Court President   the Hon , Dato Umi Kalthum bin Abdul Majid to the company General Manager,  Goh Boon King .

Guppy Plastics Industries is a household plastic product manufacturer in Balakong Selangor with around 800 workers. The company's management embarked on its union   busting activities since day one of the union’s establishment. Just four days after the union wrote to the management, informing of the unions registration and office bearers, the management immediately suspended the entire union   committee. On the 4^th Jun , 1998 , Goh Boon King issued suspension letters to the union President , Vice president , Secretary , Treasurer and other   three working committee members , accusing them of anti company activities .

Since that day, the workers union has been fighting a hard battle, even to carry out its lawful activities. The management since Jun, 1998 has consistently harassed and victimized union officials and members. On 18 ^th Jun 1998, the union President , Secretary and Treasurer were sacked . Three years later in 2001 , the union Vice President and Deputy Treasurer were also sacked for launching   a donation  campaign for one of their members who was ill .

Even though the union has filed more than 20 complaints to the Industrial Relations Department but the authorities mediocre   attitude has enabled the company to effectively carry out its union busting! The 9 over years of   harassment, has created a climate of  fear among the workers . The workers now fear to discuss or even mention the word 'union ' in the company premises.

Despite the managements high handed tactics, the union has strived   and tirelessly continued to initiate subscription collections and membership drives.

The Court President slammed the management for having prohibitive clauses in its workers rules and regulation handbook. V.Selvam and A.Sivarajan, both members of the PSM who represented the union today quickly pointed out how one such  clause which states that it is a serious offence to collect union   dues  with out prior permission  from the management is absolutely against the law.

  

The General Manager denied carrying out any union busting activities and   informed the court that the company practices and 'open policy ' where supposedly any employee with problems could directly forward them to the Human Resource Management. The management also proudly mentioned how it took good   care of the workers by giving them free Mc Donald food vouchers .

The Court President, however could read between the lines and concluded that the company so called goodwill gestures and   'open policy' only proved that the management did not want the union to exist .

The court then requested the management to do the following to end its union   busting activities ;

a)      Immediately remove all prohibitive clauses in the foreign workers contract that prevents them   in joining the union

b)     Immediately remove clauses in the employees Rules and Regulation Handbook that prevent the lawful activities of the union.

c)      Provide a room or space in the company premises for union activities.

d)     Regular meetings with a fresh union committee to trash out issues.

The reconciliation meetings were postponed to March 2008, to enable the company the study the above proposals and to give time for the union to elect new members to its working committee .

After 9  years of struggle , the union has finally made head way to be able to function as a lawful registered   workers union in the company . It is indeed regrettable that even with the provisions in law , the registered union has to  struggle for nearly 10   years against union  busting activities before it can  even function as a effective workers representative . The Human Resource Ministry has failed terribly to enforce the law and   penalize  union  busting bosses .

Kesatuan Pekerja-pekerja Guppy Plastic Industries have been waiting a long time . The battle has   just begun after 9 years . The union will continue to push forward for  membership and seek due recognition .

Sivarajan

PSM

GUPPY FACTORY COMPENSATE UNDICLOSED SUM

GUPPY FACTORY COMPENSATE UNDICLOSED SUM TO SETTLE 2^ND MAJOR CASE INVOLVING GUPPY UNION

Kuala Lumpur, January 5^th 2006

This morning at the Industrial Court, Guppy Industries have finally agreed to compensate two Union leaders -  Deputy Chairperson Rahimah and Asst. Secretary Visaletchumy. A consent agreement were signed between the lawyers representing the Guppy Company represented by  Tang and Comrade V.Selvam representing the workers.

The amount of the settlement was not disclosed but prior to the parties were deadlocked around the figure of  24 months (2 years) salary requested by the Union.  It is learned that the reason for not disclosing the amount was because the company was uneasy that once the other workers find out about the final settlement, they and the Union would gain more confidence.

Met outside the court, Union Chairperson Koyilvani expressed happiness and satisfaction that the company has finally agreed to compensate the Union leaders. Koyilvani herself and two other leaders are still waiting for their judgment to be delivered. Their case has been a major headace for the company besides this case Besides that, there are a few more cases including a case on Union victimization still pending at the Industrial court.

The company owner has previously threatened the workers that if the Union wins, he would close down the company.  On new year eve, the Union received a tremendous response when around a hundred workers came out and participated in Union New Year activity. And less that a week after that, the Union won this settlement which would further boost the image of the Union and its leadership.

Background

Just three weeks after knowing that a Union has been registered in their factory in 1998, the Guppy Management suspended the entire protem committee of the Union. Without holding any Domestic Inquiry, the three top leaders of the Union - The Chairperson Koyilvani, the Secretary - Roshamiza dan the treasurer Kanniamah was sacked while the remaining protem members were reinstated with stern warnings.

The Guppy Employer could not tolerate a Union. They have in fact told the Union members that the Directors partners of the company do not want a Union and have threatened the workers, " Do you want Union or employment?"

After the initial sacking of three top leaders of the Union. The Union continued to function under the able leadership of the Deputy Chairperson Rahimah and the Assistant Treasurer Visaletchumy. This prompted the second on slaughter by the company who promptly sacked the two leaders in October 2001 after holding a kangaroo domestic Inquiry. In fact the company attempt to use the police to arrest both this leaders failed and sacking was the next best option.

The case of the two started on 31 March 2005 and was heard.in front of the Kuala Lumpur Industrial Court Chairperson, Yang Arif Hari Raman. The dispute - They were sacked over a donation box!!!

One worker met with an awful accident and the union decided to collect fund for the worker. The donation was collected for all shift workers and passed to the injured worker for his operation. On the same day, their employer alleged the two comrades of stealing money from the donation box created by the employer. The employer took the two unionist in their car and stopped right in front of Kajang Police Station!!! The police questioned them about the money while the employer was adamant to put them behind bars to bring their morale as well as bring the union to their knees. 

The outraged Guppy Workers Union leader Comrade Koyilvani and other workers jointly made a police report against their employer for the false allegation made purposely to destroy the workers union. The police upon investigation, released the two and said that there was no case against the two. 

Furious ! The employers conducted their own Domestic Investigation and sacked both the workers. On the day of their domestic Inquiry, the Industrial Relation Officer of the Union was prevented from entering the gate to represent the workers. 

Both comrades filed their case with IRD in September 2001 but the case was only referred to court in 2005 after the union leaders chased the department officials high and low. In took at least two demonstrations at Putra Jaya, in October 2004 and February 2005 to get the case moving.

The case was postponed to Jun 2005 but the court chairperson requested both parties to have a win-win situation by settling the matter amicably outside courtroom.

The consent agreement reached today was the first case which the company has settled since the dispute with the Union started. The company initially was very uneasy to settle the case. As the case proceeded, it looked almost certain that the Union was having a better run and finally the Guppy Bosses had no choice but to pay a huge sum to settle this case.

S. Arutchelvan