Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
Rule 1 – Name and Office
Rule 2 – Badge and Flag
Rule 3 – Objects
Rule 4 – Membership
Rule 5 – Affiliation Fees and Other Dues
Rule 6 – Delegates Conference
Rule 7 – General Council
Rule 8 – Duties of General Council
Rule 9 – Committees, Composition and Duties
Rule 10 – Duties of Principal Officials.
Rule 11 – Divisions
Rule 12 – Affiliated Organisations
Rule 13 – Accounts
Rule 14 – Audit
Rule 15 – Amendments to Rules and Standing Orders
Rule 1 – Name and Office
1(1) The name of the organisation constituted by these Rules shall be “Kongres Kesatuan Sekerja Malaysia” (Malaysian Trades Union Congress) (hereinafter called the MTUC), and its principal office and place of meeting shall be at Wisma MTUC No. 10 Jalan USJ 9/5T 47620 Subang Jaya Selangor, West Malaysia or such other place as decided by the General Council of the MTUC and approved by the Registrar of Societies.
Rule 2 – Badge and Flag
2(1) The MTUC’s emblem will be a round badge in a wheel form in blue colour, showing an aflamed torch with white background and superimposed on it the words MTUC. The badge will further have the words “Kongres Kesatuan Sekerja Malaysia” and “Unity is Strength” around the green circle within it, on which will appear two hands shaking and the words “MTUC”, in Chinese and Tamil languages above and beneath them. A drawing of two rice stalks in golden colour shall appear around the green circle within the badge above the words.
2(2) MTUC’s flag will be in a rectangular form with diagonally divided red and white background and with MTUC’s badge superimposed on it in the top left corner on the white side of the flag. A drawing of the badge and the flag appears as Appendix B of MTUC’s Constitution.
Rule 3 – Objects
3(1) The objects of the MTUC shall be as mentioned below and in pursuance or furtherance of these objects the MTUC may do or authorise to be done all such acts and things as it may consider necessary.
3(2) To do everything to promote the interests of all or any of its affiliated organisations or anything beneficial to the interests of past and present individual members of such organisations subject to the limitations hereinafter provided.
3(3) To affiliate with or to subscribe to or to assist any other non-political organisation having objects similar to those of the MTUC.
3(4) To achieve complete organisation of all workers either by assisting its affiliates or by taking initiative to form new unions and subject as hereinafter set forth in these rules, to advise and with the agreement of parties concerned, to act as mediators in disputes between members of the affiliated unions or between such unions and their members or between the unions themselves.
3(5) Generally to improve the economic or social conditions of workers in Malaysia and to render them assistance whether or not such workers are employed or have ceased to be employed.
3(6) To seek the establishment of the following measures and such other as any Delegates Conference may approve:
(a) Public participation, Ownership and Management Consistent with the national interest of the country, adequate participation in the ownership and management of public services, industries and natural resources.
(b) Social services
The extension of Government and Municipal enterprises for the provision of social necessities and services.
(c) Wages and Hours of Work
A minimum wage to be enacted under the law with a legal maximum working of 40 hours.
(d) Full Employment
Adequate and practical steps to ensure full employment.
(e) Unemployment and Training
Appropriate means to provide for maintenance of unemployed workers as well as establishment of training centres and extension of training facilities for them during the period of industrial depression and for reasons arising out of technological changes or due to industrial diversification.
Assisting workers, financially or otherwise to possess their own houses through co-operative and other means.
Provision of free compulsory education up to LCE level with free and adequate facilities and opportunities for advanced and higher learning of all types, i.e. academic, professional and technical.
(h) Social Security
Provision of legislated Social Security measures to provide protection against sickness, (including free medical treatment), unemployment, old age, injury and invalidity, with full benefits to all workers at their normal age of retirement.
(i) Industrial activities and diseases
The promotion of high standards of health, hygiene and welfare in all places of employment and procuration of adequate compensations for all forms of individual accidents and diseases.
(j) Young Workers
Promotion of full facilities and opportunities for the economic, social, intellectual, physical and education advancement of the young workers.
(k) Women Workers
Securing equal status for women workers in social, economic, cultural and educational fields.
(l) Adult education and research
Establishment and promotion of facilities for the purpose of undertaking activities relating to adult education and research.
Rule 4 – Membership
4(1) The MTUC shall consist of such bona fide trade union organisations as shall be affiliated in the manner prescribed by these rules. Any such organisation may make application to become affiliated to the MTUC in the form prescribed for this purpose as Appendix ‘A’ to this Constitution and shall furnish two copies of its Rules or Constitution together with such other particulars and information as shall be required by the General Council.
4(2) The General Council shall, on receipt of the application, seek views of the Unions in the group concerned already affiliated to the MTUC, but shall have full powers to accept or reject any such application.
However, the General Council in considering application for affiliation shall also give due regard to the membership position of the already affiliated unions as against the total number of workers in the group concerned.
Rule 5 – Affiliation Fees and Other Dues
5(1) Each affiliated organisation shall pay its affiliation fees, based on the full membership in benefit of such organisation as at 31st March, each year, in accordance with the Annual Report submitted to the Registrar of Trade Unions (RTU), a copy of which shall also be supplied to MTUC.
Rate of Affiliation fees
5(2) Affiliation fees shall be paid quarterly in equal installments in advance on 1st April, 1st July, 1st October and 1st January each year at the rate of $1.00 per member per annum, subject to a minimum affiliation fees of $150.00 per annum and a maximum of RM40,000 per annum.
5(3) Unions will also be liable to make such annual payments and levies as may be determined and approved by the majority of affiliated unions attending a Delegates Conference, for the purpose of making contributions to organisations as well as to implement MTUC’s objects.
5(4) Unions not paying their affiliation fees in accordance with their declared membership to RTU shall be treated as in arrears with MTUC.
Out of Benefit
5(5) Unless otherwise decided upon by General Council, any member trade union that fails to pay its affiliation fee or the amount due in respect of the imposition of any levy, within 3 months from the day upon which the same becomes due, shall be out of benefit for the period during which it remains in arrears.
5(6) The General Council shall have the power to remove from membership any union that fails to pay its affiliation fees for a period exceeding 1 year.
5(7) Any union struck-off from the membership register in accordance with Rule 5(6) may re-apply for affiliation and the General Council shall have the power to accept or reject such application provided such union pay up all arrears due up to the time of removal.
5(8) Any union which leaves the MTUC after coming into effect of this rule may apply for re-admission provided they pay up all arrears due up to the time of leaving.
Rule 6 – Delegates Conference
6(1) The Governing Body of MTUC shall be termed the Triennial Delegates Conference (hereinafter referred to as the Delegates Conference). The Supreme Authority of the MTUC shall be vested in the Delegates Conference General Council
6(2) For the general administrative of the MTUC business and to conduct its affairs during periods between Delegates Conference, there shall be a General Council.
Biennial Delegates Conference
6(3) The Delegates
Conference shall consist of delegates duly qualified under the Rule 6(6) and appointed by the affiliated trade unions according to the number of their respective membership as registered with MTUC.
Number of Delegates Unions entitled to
6(4) Affiliated organisations shall be entitled to be represented at the Delegates Conference on the following basis provided always that they would have paid the fees as prescribed in Rule 5 before the date of the Conference according to their state of
membership as on 31st March of the year in which the Conference is to take place:-
Up to 500 members – 1 delegate
501 – 1,000 members – 2 additional delegates
1,001 members and above – 1 additional delegate per 1,000 members or part thereof subject to a maximum of 42 delegates.
6(5) Representatives of unions in arrears or out of benefit in accordance with RULE
5(4) and 5(5) will only be eligible to attend the Delegates Conference as observers.
Qualifications of Delegates
6(6) Not less than two thirds of the delegates of each affiliated trade union shall be fully paid members of the trade union but the remaining delegates, if any, may be full time paid officers or employees of the trade union who are not members thereof but who have had at least three years service as an officer of a trade union or trade unions in the State of Malaya. For the purpose of this rule an officer of a trade union shall have the same meaning as that assigned to any officer in Section 2 of the Trade Union Ordinance 1959. Should it be discovered that a person appointed by a Union as delegate is not qualified, it shall not invalidate any full proceedings of the Delegates conference but he shall not be allowed to sit again in the Delegates Conference and the trade union concerned shall forthwith be notified and allowed to replace the delegate to attend the remaining session of the Delegates Conference.
Delegates Conference to be Biennial
6(7) The Delegates Conference shall be convened triennially and held during the period October – December of the year in which it is due. The date, place and agenda of the Delegates Conference shall be decided by the General Council.
Business of Biennial Delegates Conference
6(8) The business of the Triennial Delegates Conference shall be the consideration and determination of all matters affecting the interest and welfare of the members of affiliated unions and for their representatives to receive the Triennial Report and Accounts of the MTUC, to appoint Auditors, to elect principal officials and to consider and determine all other matters included in the agenda.
Standing Orders for Biennial Delegates Conference
6(9) The Triennial Delegates Conference shall be conducted in accordance with the provisions contained in Standing Orders attached as Appendix ‘D’ to this Constitution.
6(10) A preliminary notice of the Triennial Delegates Conference stating the date, the time and the place of the Conference and calling for motions for the Conference including motions for amendment to the rules, nominations for election of principal officials of the Conference and names of delegates to the Conference, shall be sent by the Secretary General to all affiliated trade unions at least 12 weeks before the date of such Triennial Delegates Conference.
Period to submit nominations, etc.
6(11) Every affiliated trade union shall forward to the Secretary General of MTUC at least 7 weeks prior to each Delegates Conference the names of their delegates, nominations for election of principal officers except for the 2 Vice Presidents representing Youth and Women Sections of the MTUC, motions for discussion and amendments to the Constitution, if any.
Extension of time.
6(12) To enable affiliated organisations to comply with the various requirements of these Rules, where time limits are not fixed by reference to the date of the Delegates Conference, the General Council, shall in the event of any changes in such date, direct that notice of such change be given to affiliated organisations in due time.
Delegates Conference Agenda and Motions
6(13) The Secretary General shall send to the member trade Unions at least 14 days before the Delegates Conference a complete Agenda including motions, copies of reports and accounts, list of nominations for principal officials and proposals for amendment to the Constitution.
Election by secret ballot.
6(14) The election of MTUC’s principal officers shall be by secret ballot vote of the delegates.
Special Delegates Conference.
6(15) A Special Delegates Conference of the MTUC may be convened at anytime according to the decision of the General Council or at the written request of one-third of the unions affiliated to MTUC.
Special Delegates Conference advance notice.
6(16) At least 30 days notice together with the details of business to be discussed at a Special Delegates Conference shall be given to all the affiliated unions. Any amendments to the agenda from the affiliated unions in benefit shall be received at MTUC’s headquarters at least 14 days before the date of the Special Delegates Conference.
Final notice and agenda for Special Delegates Conference.
6(17) Final notice and agenda for a Special Delegates Conference shall be forwarded by the Secretary General to all affiliated trade unions at least 7 days before the date fixed for the Conference.
6(18) The business of any Special Delegates Conference shall be conducted as far as possible in accordance with Standing Orders in Appendix ‘D’ to this Constitution.
Power of Special Delegates.
6(19) If for any reason the Biennial Delegates Conference of MTUC may not be held under Rule 6(7) a Special Delegates Conference shall have power to perform any or all the functions and authority that are normally performed by a Biennial Delegates Conference.
Conventions of Youth and Women Workers.
6(20) Conventions of Youth and Women workers shall be held triennially. Notice and Agenda of these Conventions shall be issued by the Secretary General on behalf of General Council to all unions affiliated to MTUC.
6(20) (a) The Triennial Conventions of Youth and Women members of affiliates shall be held during the period July – September of the year in which the Delegates Conference of MTUC is held.
6(20) (b) The number of delegates each affiliate is entitled to send to the respective conventions shall be determined on the basis as provided for under Rule 6(4).
6(21) Eligibility to attend Convention of Youth.
(i) Delegates to the Convention of Youth and representatives from affiliates at the Youth Council shall be within the age group of 18 to 40 years.
(ii) During the tenure of the Council, any representatives including the elected officials upon attaining the age of 40 years will automatically cease to be a member of the Youth Council.
Rule 7 – General Council
Sole responsibility and authority
7(1) The sole responsiblity and authority for conducting the business of MTUC between the intervening period of its two Triennial Delegates Conference shall rest entirely with the General Council.
7(2) The membership of the General Council shall be comprised of the following principal officials:-
(a) Principal officials
President – 1
Deputy President – 1
Vice-Presidents – 13 (Two of whom shall be the Chairman of the Youth Committee and the Chairman of the Women’s Committee who shall be elected at the Youth and Women’s Convention respectively and 11 Vice Presidents of whom 5 shall be from the private sector, 3 from the civil service and 3 from the local and statutory authorities who shall be elected at the Delegates Conference).
Secretary General – 1
Deputy Secretary – 1
General – 1
Financial Secretary – 1
Deputy Financial – 1
Secretary – 1
(b) Divisional Representatives.
One from each Division establised under Rule 11(1).
(c) Representatives of affiliated unions.
In accordance with the following provisions:-
(i) All unions having a membership between 500 and 9,999 – one seat, except that the General Council, in a case where the potential membership according to the membership scope of the union is less than 500 and further providing that it is not possible for the union to merge with any other existing unions in the industry/sector concerned due to restrictions imposed by the RTU, may allow the union concerned with lesser membership one seat on the General Council.
(ii) All unions having a membership between 10,000 and 15,000 – two seats.
(iii) All unions having a membership over 15,000 for each additional 5,000 members – one extra seat, subject to the condition that no single union shall have more than four seats, not including any principal officials, in the General Council.
Adjustment of representations
7(3) Should there occur any increase or decrease of membership with an affiliated union, whether owing to the amalgamation of unions or from any other cause, to an extent that in the opinion of the General Council, it may render the representation of the union inequitable, the General Council shall have the power to adjust the representation of the union in accordance with Rule 7(2)(c)(i) above.
7(4) No candidate shall be eligible for election to the General Council if:-
(a) He is not a delegate of his own trade union as provided in Rule 6 (6).
(b) His trade union had not paid the dues as prescribed in Rule 5 (5).
(c) In the opinion of the Triennial Delegates Conference he has acted in such a manner as is considered by the General Council to be prejudicial to the best interests of the MTUC.
7(5) Right to make nominations.
Each affiliated organisation whose affiliation fees are not in arrears before the date of the Conference shall have the right to nominate its candidates for election to the General Council according to Rule 7(2).
Nominations from delegates
7(6) Nominations for principal officials, except those of the two Vice Presidents elected at the Youth and Women Conventions in accordance with Rule 6(21) shall be from previously ascertained delegates to Triennial Delegates Conference.
Period of notice for nominations
7(7) All nominations for the officials of the General Council shall be sent to the Secretary General at least 7 weeks prior to each Biennial Delegates Conference, and the list of names shall be published on the Agenda paper containing the proposition that are to be discussed at the Triennial Delegates Conference. Ballot papers containing the names of each candidate shall be supplied to delegates on the day of election.
Power of General Council to fill vacant seats.
7(8) Where due to the withdrawal of a candidate before election or for any other cause, there is an insufficiency of candidates to fill the number of seats, the General Council shall have the power to fill the vacant seats by calling for nominations from the unions notwithstanding anything in these Rules.
7(9) Except as provided in Rule 7(6), 10(4) and 10(9), the General Council shall be elected by ballot votes at each Biennial Delegates Conference. The nominees securing the highest number of votes to be declared elected. In the case of the 11 Vice Presidents, the first 3 nominees to be declared elected. Delegates shall not be permitted to cast on any ballot paper for a number of candidates in excess of the number of persons required to be elected.
Prohibition on Canvassing
7(10) Canvassing or bartering of votes for any position or purpose shall be strictly forbidden within the premises where the Conference is held.
7(11) The ballot papers shall be issued by the Scrutineers, on the day of the election and after voting, the delegates shall immediately cast their ballot in the ballot box.
Violation and penalty
7(12) Any delegates found guilty of violating this Rule shall be reported to the Conference, named by the President and expelled. Such delegate or delegates shall not be eligible to attend the rest of the Conference.
Cessation of Membership.
7(13) Period of office.
Members of the General Council shall normally remain in office until the election of new members at the next Biennial Delegates Conference.
Cessation of Membership.
7(14) A member shall however cease to be in the General Council or any of its Committee if:
(a) He resigns or is expelled from his union.
(b) The General Council feels that his continued presence as a member is prejudicial to the interest of MTUC, provided opportunity is given first to him to show cause as to why he should not be removed from the General Council.
(c) His union ceases to be an affiliate of MTUC for whatever reason.
(d) He fails to attend 3 meetings consecutively without proper reason.
7(14)A New Provision
Any member(s) who is removed or resigned for whatever reasons stated in rule 17(14)a,b, shall automatically cease to be member or representative of MTUC in any organisation which MTUC has interest and the Secretary General shall take appropriate action to remove the member(s) from such organisation(s).
Death or resignation
7(15) In the event a vacancy occurs as a result of removal, death or resignation of any member, the General Council shall have the authority to fill the vacant seat in such manner as it may consider necessary.
7(16) One third of the members of the General Council shall form the quorum at its meeting.
7(17) The business of the General Council shall be conducted in accordance with the provisions contained in Standing Orders attached as Appendix ‘E’ to this Constitution.
Rule 8 – Duties of General Council
8(1) The General Council shall transact the business in the periods between each Triennial Delegates Conference, shall keep a watch on all industrial movements, and shall, where possible co-ordinate industrial action but shall not usurp the legal and constitutional authority of individual affiliated unions.
8(2) It shall watch all legislation affecting labour and shall initiate such legislation as the Delegates Conference may direct.
8(3) It shall endeavour to adjust any disputes and differences between affiliated organisations by means of advice or acting as mediator to both parties when so requested.
Expression of views of Trade Union matters.
8(4) It shall make known the views of the trade union movement on general questions, such as wages and hours of labour and any matter of general concern that may arise between employers and trade unions or between trade union movements and Government, and shall carry out the decisions of the Delegates Conference.
8(5) It shall assist trade unions in the work of organisation and shall carry on propaganda with a view to strengthening the trade union movement, and for the attainment of any or all the above subjects but shall not exercise any executive authority or control of affiliated unions and shall not publish in the press any statement affecting any individual union or members of a trade union.
8(6) It shall also enter into relations with the trade union movement in other countries with a view to securing unity of purpose.
Investment,borrowing of funds and mortgaging of property.
8(7) It shall also have authority to raise funds in such manner as it may consider desirable for any special non-political purpose and invest and administer such funds and to make grants therefrom. It shall also have authority provided that such authority shall not be exercised except with the approval of the majority of the affiliated unions, to raise funds either by borrowing or mortgaging MTUC’s property for such purposes as it may consider necessary and to invest, administer and utilise such funds as well as to make grants therefrom.
Utilisation of funds.
8(8) For the purpose of achieving the objects of MTUC, carrying out directives of Delegates Conference, conducting its affairs and in relations to the matters specifically referred to in these Rules, the General Council shall also have the power to utilise the funds and property of the MTUC to enter into any transaction by any one or more of its members, to execute in the name and on behalf of the MTUC any deeds or documents that may be necessary. The General Council shall also have authority and power to utilise MTUC’s funds and property in such manner as it may consider necessary for the purpose of investment and participation either directly or in association with any other party in such commercial, industrial and agricultural enterprises, as it may consider desirable and necessary.
Employment of Staff.
8(9) The General Council shall be empowered to employ such executive officers and other staff on full-time basis as it may consider necessary for the efficient functioning of MTUC and to achieve its objects and it will have authority to determine their rates of pay and working conditions, provided that provision of such posts shall have been made in advance by a Delegates Conference. The General Council shall also have the power and authority to determine the rates of pay and working conditions of the Secretary General and Deputy Secretary General elected in accordance with Rules 10 (4) and 10 (9).
8(10) The General Council shall prepare a report of its work for submission to the Triennial Delegates Conference. The report shall contain a list of the General Council meetings with dates and also names of those members who were present at such meetings. The Standing Orders of the Delegates Conference shall be published with each Report of the proceedings of Delegates Conference.
Interpretations of rules.
8(11) Between meetings of the Triennial Delegates Conference, the General Council shall interpret the rules when necessary and determine any point on which the rules are silent.
8(12) The General Council shall meet at least once in six months.
Interpretations of objects.
8(13) The General Council shall be empowered to give interpretation of the objects of MTUC and shall have complete discretion in the matter, subject only to the power of a Delegates Conference to revise its decision.
Executive and Finance Committee.
8(14) The General Council shall appoint at its first meeting on assumption of office after a Triennial Delegates Conference an “Executive Committee” and “Finance Committee”. The General Council shall however have authority to fill any vacant position in the membership of the two committees, at any of its subsequent six monthly meetings.
8(15) The General Council shall also appoint at its first meeting on assumption of office after a Triennial Delegates Conference such number of Group Committees as may be necessary in general accordance with the policy and decision arrived at by the Delegates Conference.
8(16) The General Council shall at its first meeting on assumption of office appoint the following committees:
(i) Research Committee.
(ii) Education Committee.
(iii) Industrial Relations & Arbitration Committee.
(iv) Establishment Committee.
(v) Disciplinary Committee.
(vi) Occupational Health and Safety Committee.
(vii) Consumer Committee.
(viii) Economic and Development Committee.
(ix) International Affairs Committee.
(x) Welfare and Sports Committee.
(xi) Women’s Committee and
(xii) Youth Committee.
(a) The General Council shall have the power to appoint such other committees and sub-committees as it may consider necessary. Membership and functions of each of the Committees and sub-committees established shall be determined by the General Council. Committees formed under 8 (15) shall be headed either by a Vice President or by a member of the General Council and the Secretary General shall be responsible to provide secretarial services for their activities.
(b) Any member of the Executive Committee or other committees and sub-committees appointed by the General Council, shall cease to be a member of such committee if the member fails to attend 3 meetings consecutively without giving proper reasons, and shall be replaced without further communication with the member
Appointment of Trustees.
8(17) The General Council may appoint two or more trustees in whose names the funds and the property of the MTUC shall be vested. Such trustees shall hold office until their respective successors have been duly appointed by the General Council and shall have accepted office. The trustees shall deal with the funds and property held by them in accordance with the direction of the General Council and shall invest any funds available for investment in accordance with such directions.
Invitation to attend General Council Meetings.
8(18) The General Council shall have the right to invite not more than three trade unionists to attend its meetings and to take part in its deliberations, who in its opinion may be worthy of such invitation due to their experience, standing and contribution to the labour movement. Persons so invited shall however not be entitled to vote and shall have no financial responsibility.
8(19) Voting shall normally be by show of hands unless otherwise demanded by no less than three-fourth of the members present and voting at the meeting. If asked for by any representative of a union, the members thus voting shall represent the entire membership of their organisation.
8(20) The Biennial Delegates Conference shall appoint an Honorary Life President who shall be an experienced and well-known trade unionist of eminent public standing, who, in the opinion of the Triennial Delegates’ Conference, is a fit and proper person to be appointed to hold such position.
The Honorary Life President shall be invited to attend all General Council meetings in an advisory capacity but shall not be entitled to vote and is also not required to assume any financial responsibility.
His term of office shall be at the pleasure of the Triennial Delegates Conference and shall be extended in accordance with the decisions of the Triennial Delegates Conference. There shall be only one Honorary Life President at any given point of time.
Rule 9 – Committees, Composition and Duties Executive Committee.
9(1) The Committee shall comprise of the President, Deputy President, Vice Presidents, Secretary General, Deputy Secretary General, Financial Secretary, Deputy Financial Secretary and 30 members of the General Council. The Executive Committee will be empowered to appoint such sub-committees as it may deem necessary, comprising of persons who in its opinion would make useful contribution to the work of such sub-committees. It shall meet at least once a month or at such earlier intervals as may be necessary depending on exigencies, to transact the business of MTUC on behalf of the General Council. Matters concerning policies shall however, be referred by the Executive Committee to the General Council. One third members of the Committee shall form the quorum at its meeting.
Conduct of business.
The business of the Executive Committee shall, as far as possible, be conducted in accordance with the provisions contained in Standing Orders attached as Appendix ‘F’ to this Constitution.
9(2) The Finance Committee shall comprise of the Deputy President, the Financial Secretary, Deputy Financial Secretary and seven members of the General Council. The President and Secretary General shall be ex-officio members of the Committee. It shall meet once a month to review the financial position of the MTUC and make such recommendations as may be deemed necessary through the Executive Committee for the consideration of the General Council. Except otherwise stated by the General Council, all financial matters pertaining to MTUC shall be considered by the Finance Committee.
9(3) The Group Committee shall cultivate the closest possible contact with federations or other bodies representing the same interests outside the General Council, and the Staff attached to each Group Committee by the General shall be responsible for collecting and filing of special information regarding the activities of the unions represented by the Group Committee.
Election of Chairman and Deputy Chairman
9(4) Each Group Committee shall elect its own Chairman and Deputy Chairman and shall investigate and submit reports on any matter referred to it by the General Council. The work and functions of the Group Committee shall be subject to the control of the General Council.
9(5) The Working Committee shall comprise of all principal officials of MTUC. It shall meet as often as necessary and shall be responsible for the day to day business of MTUC. It shall also consider all agenda items for each General Council and Executive Committee meetings and make its recommendations. The Secretary General shall be responsible for convening the meetings of the Working Committee and either he or the Chairman shall appropriately communicate its recommendations to the General Council and Executive Committee, as the case may be. The Working Committee shall have the power to invite any person to its meetings who in its opinion may be of help and assistance in the consideration of any items of the agenda. The Working Committee shall maintain a record of its decisions and recommendations, copies of which shall be distributed to all members of the General Council.
Rule 10 – Duties of Principal
10(1) The duties of the President shall be to preside at all meetings of the General Council, Executive Committee, Working Committee and Delegates Conference during the term of his office. He will also be an ex-officio member of any other committees and sub-committees that may be established under the rule of this Constitution. The President shall sign the minutes of each meeting at the time it is approved. The President shall superintend and co-ordinate the general administration of MTUC and shall endeavour to secure the observance of the rules of this Constitution. The President shall have the right to vote at meetings which he presides
and shall also have the casting vote.
10(2) The Deputy President acting for the President shall have the latter’s powers vested in him during his absence.
10(3) They will act in rotation for the President and Deputy President in their absence. In addition they will head such committees as may be formed in pursuance of the objects, rules and Constitution of the MTUC.
10(4) The Secretary General shall be elected by every Triennial Delegates Conference and shall be ex-officio member of the Delegates Conference, the General Council, Executive Committee, Finance Committee and such other Committees and Sub-Committees as may be established by the General Council and Executive Committee.
Election and term of office.
10(5) He shall remain in office for a period of two years so long as his work and conduct give satisfaction to the General Council and to the representatives attending the Triennial Delegates Conference and he shall be eligible for re-election.
10(6) He shall be provided by the General Council with such office staff and executive assistance as well as other facilities as may be necessary to realise MTUC’s objects and to implement the decision of Delegates Conference and all directions given by the General Council from time to time.
10(7) The Secretary General shall be the Chief Executive of MTUC and he shall be responsible for conducting all correspondence on its behalf and keeping all books, records, property, documents and papers belonging to his office and MTUC in such form and manner as the General Council may direct. He shall attend all its meetings and he shall be responsible for the recording of the proceedings. He shall prepare or cause to be prepared the Annual Returns and all other documents required by the Registrar of Societies. He shall also, on invitation, render whatever personal service is possible, to the affiliated trade unions, their branches and members.
10(8) Should a vacancy occur between the meetings of Triennial Delegates Conference the General Council shall have power to fill such a vacancy temporarily.
Deputy Secretary General
10(9) The Deputy Secretary General shall be elected by every Triennial Delegates Conference and shall be ex-officio member of the Delegates Conference. He shall assist the Secretary General in all administrative work of the MTUC and shall act for him in his absence. He shall also represent the Secretary General on such occasion, committees and sub-committees as may be considered necessary by the latter.
10(10) The duties and responsibilities of the Financial Secretary shall be in accordance with the Financial Regulations of MTUC as contained in Appendix ‘C’ of this Constitution.
10(11) The Financial Secretary shall ensure that the procedures set out in MTUC’s Financial Regulations are strictly followed.
Deputy Financial Secretary
10(12) The Deputy Financial Secretary shall assist the Financial Secretary and act in his absence in relation to financial matters.
10(13) Conduct and Discipline.
All full-time officials and employees of MTUC shall be governed by the Staff Regulations, which shall be drawn up and reviewed from time to time by the General Council.
Rule 11 – Divisions Establishment
11(1) Subject to the approval of the General Council and in areas where it may consider necessary, MTUC’s Division shall be established in various States of Malaysia.
The Divisional Delegates Conference
11(2) The Divisional Delegates Conference shall be held during the period July – September of the year in which the Delegates Conference of MTUC is held.
A Divisional Delegates Conference shall comprise of representatives of affiliated unions in the respective state or states (as the case may be) on the following basis:
Up to 101 members .. 2 delegates
100 to 501 members .. 3 delegates
500 to 1000 members .. 4 delegates
Over 1000 members .. 1 additional delegate
Per every 1000 members.
A Divisional Delegates Conference shall not have any powers or authority which under these rules are confined to MTUC’s Delegates Conference, unless such powers are expressly delegated to the Divisional Delegates Conference by a MTUC’s Delegates Conference.
The General Rules relating to the preparatory arrangements for a MTUC’s Delegates Conference, its quorum and the Standing Orders for its conduct as well as the qualifications for its delegates as provided under Rule 6 and Appendix ‘D’ will also be applicable, with changes as may be appropriate to Divisional Delegates Conference.
11(3) (a) Divisional Committee
Each Divisional Conference shall elect a Divisional Committee consisting of a Chairman, Vice Chairman, Secretary, Assistant Secretary, Treasurer and other union representatives as set out in Rule 7(2) (a). The qualifications for membership of the Divisional Committee, the period of office of its members, their nomination, election and cessation of membership as well as the quorum for their meetings, will be the same, with appropriate changes as applicable to the members of General Council.
11(3) (b) If a member of the Divisional Committee fails to attend 3 consecutive meetings of the Committee without proper reason, he shall cease to be a member of the Committee or sub-committee as the case may be, and shall be replaced without any further communication with the member concerned.
The Divisional Committee shall comprise of representatives of groups and its officials whose duties shall be as follows:-
11(4) The Chairman shall preside at all meetings of the Division’s Delegates Conference and its committee meetings. He shall also ensure that the work of the Division is carried out in accordance with the objects and policies of MTUC as laid down in its Constitution.
11(5) The Vice-Chairman will act for the Chairman in his absence and assist him in his duties.
11(6) The Secretary shall perform all duties laid down by the Divisional Committee and shall generally supervise the work of the Division. He shall be responsible to carry out the policies of the General Council at divisional level under the discretion of the Secretary General of MTUC. He shall also be responsible for submission of returns due to the Registrar of Societies on behalf of the Division.
11(7) The Assistant Secretary will act for the Secretary in his absence and assist him in his duties.
11(8) The Treasurer is responsible for the financial books and for all monies belonging to the Division. He shall prepare a financial statement for each meeting of the Divisional Committee and for the Divisional Delegates Conference. He shall in conjunction with the Secretary and Chairman or in his absence other officer designated for this purpose shall operate the Bank Account in the name of the Division and sign all cheques in that behalf. He shall deposit allocation from Headquarters in a Bank approved by the divisional committee.
11(9) The Divisional Committee shall be responsible to the General Council for:-
a) giving every assistance to the affiliated unions, their branches and members in the respective State (or States as the case may be) to maintain an effective and efficient organisation.
(b) organising propaganda, social, educational, sports activities and entertainment provided that no statement be issued to the Press on any matter affecting an individual trade union or members or trade unions or against MTUC’s policies.
(c) organising the unorganised workers as well as ensuring affiliation of all unions in its area with MTUC.
(d) submitting quarterly reports of divisional activities, meetings, etc. and two copies of minutes of all meeting to the General Council.
(e) election of its representatives to sit on the General Council.
11(10) The Divisional Committee shall submit its yearly estimates of expenditure for the consideration of General Council. The General Council on receipt of estimates shall allocate such amount, as it may consider sufficient and available for use by the Division, in the light of overall financial position of MTUC.
Rules relating to control and lawful expenditure of funds by Divisional Committee shall be in accordance with MTUC’s Financial Regulations.
The accounts of a Division shall be audited by two Internal Auditors who shall be elected by its Delegates Conference. The Internal Auditors shall audit the books and accounts of the Divisional Committee and submit their report to the General Council before 30th April each year.
The report of the Internal Auditors shall be considered and approved by a Divisional Committee and submit their report to the General Council before 30th April each year.
The report of the Internal Auditors shall be considered and approved by a Divisional Delegates Conference.
Rule 12 – Affiliated Organisations Industrial Disputes
12(1) It shall be an obligation upon the affiliated organisations to keep the General Council informed with regard to matters arising between them and employers, and/or between one organisation and another, in particular where such matters may involve directly or indirectly large bodies of workers. The General Council shall, if they deem necessary, disseminate the information as soon as possible to all organisations in the industry concerned which are affiliated to the MTUC, and which may be either directly or indirectly affected.
12(2) The General policy of the General Council shall be that unless requested to do so by the affiliated organisation or organisations concerned, the Council shall not take part in trade disputes and the Council shall not render advice so long as there is a prospect of whatever differences may exist on the matters in question being amicably settled by means of the machinery of negotiations existing in the trade affected.
12(3) In the event, however, of negotiations breaking down and the deadlock being of such a character as to involve directly or indirectly either bodies of work-people affiliated to the MTUC in a stoppage of work and/or to imperil wages or hours and conditions of employment, the General Council may take the initiative of offering its services to all the parties to the dispute so as to use its influence to effect a just settlement of the difference.
If the offer of the Council is accepted by all parties the Council having ascertained all the facts relating to the differences, may tender its considered opinion and advice thereon to the organisations concerned. Should the organisation or organisations refuse the assistance or advice of the General Council, the General Council shall duly report to the Biennial Delegates Conference.
Disputes Between Unions
12(4) Where disputes arise or threaten to arise, between affiliated organisations the General Council shall use its influence by tendering advice to promote a settlement.
12(5) Upon application from all affiliated organisations concerned in the dispute, the General Council shall also have the power to investigate cases of such dispute or disagreement between affiliated organisations, whether relating to general industrial questions or demarcation of work and to report to such affiliated organisations the result of its findings.
12(6) If at any time there appears to the General Council to be justification for an investigation into the conduct of any affiliated organisation on the ground that the activities of such organisations are detrimental to the interests of the trade union movement or contrary to the declared principles and such organisation to appear before it or its appropriate committee by duly appointed representatives of such organisation in order that such activities may be investigated. In the event of the organisation failing to attend, the investigation shall proceed in its absence.
12(7) If after such investigation the General Council decides that the activities of the organisation concerned is detrimental to the interests of the trade union movement or contrary to the declared principles of Delegates Conference, the General Council shall direct the organisation to discontinue such activities forthwith and undertake not to engage therein in the future.
12(8) Should the organisation disobey such direction, or fail to give such an undertaking, the General Council shall be empowered in its discretion to order that the organisation be forthwith suspended from membership of the MTUC until the next Biennial Delegates Conference.
12(9) The General Council shall submit a report upon the matter to the next Biennial Delegates Conference.
12(10) No affiliated organisation shall circularise, either in writing or by general oral communication, other affiliated organisation upon any matter concerning the business of the MTUC without first securing the authorisation for such circularisation.
12(11) Should any such unauthorised circularisation take place concerning a motion for the Agenda of the Triennial Delegates Conference or Conferences, and the General Council after investigations decide that those responsible for such motion connived at, or were party to, or concerned with such circularisation, that motion shall not be included in the Agenda.
12(12) The General Council may investigate any violation of the provisions of Rules 12(10) and 12(11) and if after such investigation it is found that any organisation has deliberately violated the rules, than appropriate disciplinary action will be taken against such organisation.
12(13) Any affiliated organisation dealt with under this rule shall have the right to appeal to the next Triennial Delegates Conference and may appoint delegates in accordance with Rules 6(4) and 6(6) to represent the organisation to present the appeal at the Triennial Delegates Conference if the appeal is allowed. The Triennial Delegates Conference shall have final authority to deal with such appeal by way of re-admission, further suspension or expulsion from membership of the MTUC.
Rule 13 – Accounts
13(1) In order that affiliated organisations may have an opportunity of pursuing the financial statement prior to each Triennial Delegates Conference, the financial year shall close on the 31st March. The audit shall then take place and printed Balance Sheet, duly certified by the Auditors shall be sent with the complete Agenda to the Secretary of each affiliated union not less than 14 days before each Biennial Delegates Conference.
Rule 14 – Audit Internal Auditors
14(1) There shall be two Internal Auditors who shall be appointed at each Triennial Delegates Conference and they shall not be members of the General Council. They shall audit the accounts of the MTUC at the end of each quarter as directed by the General Council. They shall have free access to all account books and documents of the MTUC and shall check them jointly.
14(2) The accounts of the MTUC shall be audited annually by a qualified accountant to be appointed by the General Council. The accountant shall be given access to all books and documents of the MTUC and shall be given all information or explanation with regard to the accounts that he requires. The accountant shall be required to submit a report to the General Council as soon as practicable after the audit.
Rule 15 – Amendments to Rules and Standing Orders
15(1) No rule may be made, amended or rescinded except at the Triennial Delegates Conference where the specified quorum is present or at a Special Delegates Conference called by the General Council for that purpose. Every alteration of the rules shall take effect only after its registration by the Registrar of Societies unless some later date is specified in the resolution approving such alteration.
Malaysian Trades Union Congress
The Secretary General, Malaysian Trades Union Congress,
No. 10 Jalan USJ 9/5T,
47620 Subang Jaya,
Selangor Darul Ehsan.
Application For Affiliation
This application for affiliation with the Malaysian Trades Union
Congress is submitted for favourable consideration. The particulars of this Union are
(1) Name of Union: …………………………
(2) Registered Head Office Address: ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
(3) Registration No:………………………………………………
(4) Date of Registration:…………………………………
(5) Paid-up Membership as on …………………… was…………………………………………………
(6) Union caters for:……………………………………………………………………………………………………………….
2. We understand that the number of delegates allowed to attend the Delegates Conference will be based upon the fees paid on the membership basis as on 1st April of the year in which the Conference is to take place and provided that we are not more than 3 months in arrears with our affiliation fees.
3. Please find enclosed Money Order for ………………………………… for ……… months.
Union Stamp Yours fraternally, on behalf of the Executive Committee
For Official Use
Application approved as …………………………………………………………………………………… on …………………………
and Union grouped under …………………………………………………………………………………………………………………………
N.B. All cheques and Money Order to be crossed and made in favor of Malaysian Trades Union Congress.
Extracts from Rule 5 relating to the Payment and Rates of Affiliation Dues
5(1) Each affiliated organisation shall pay its affiliation fees, based on the full membership in benefit of such organisation as at 31st March each year in accordance with the Annual Report submitted to the Registrar of Trade Unions (RTU), a copy of which shall also be supplied to MTUC.
5(2) Affiliation fees shall be paid quarterly in equal installments in advance on 1st April, 1st July, 1st October and 1st January each year at the rate of RM1.00 per member per annum, subject to a minimum affiliation fees of RM150.00 per annum.
1. The Financial Secretary elected at the Delegates Conference shall be the principal accounting officer of the MTUC.
2. It shall be the duty of the Financial Secretary:
(a) to ensure that a proper system of accounting procedure is established at MTUC Headquarters and at the MTUC State divisions.
(b) to maintain a close watch over the revenue of the MTUC and to ensure their punctual collection.
(c) to ensure that all the disbursements are supported by proper vouchers, bills and receipts.
(d) to ensure that all disbursements are properly charged in the MTUC accounts under the proper headings and sub-headings of estimates approved by the Delegates Conferences.
(e) to prepare such financial statements and returns as may be called for by the Finance Committee, Executive Committee, General Council and Registrar of Societies.
(f) he shall be responsible for the safe custody of all books of accounts and subsidiary documents and shall not remove them from the official place of business without the specific authority of the Secretary General.
(g) The Financial Secretary shall enter or cause to be entered in the accounts of the MTUC a record of all receipts and payments out of the funds of the MTUC and shall, upon resigning or vacating his office, render to the Finance Committee, a just and true account of all money received and paid by him during the period which has elapsed since the date of his assuming office, or if he has previously rendered an account, give the last date upon which he rendered such account, all accounting books, documents of MTUC entrusted to his custody or under his control.
3. All cheques shall be signed by the President, or in his absence, the Deputy President, the Financial Secretary and the Secretary General of the MTUC.
4. The Financial Secretary shall issue receipts for all cheques, money orders and cash received within seven days from date of this receipt.
5. He will ensure that all cheques, money orders and cash received are banked without undue delay.
6. The Financial Secretary shall hold a petty cash advance of RM50.00 for defraying incidental expenses.
7. The Secretary General shall hold a petty cash advance of RM200.00 for defraying incidental expenses.
8. The Financial Secretary shall present at every meeting of the MTUC General Council a statement showing receipts and expenditure during the quarter preceding of the General Council meeting.
9. No unforeseen expenditure exceeding a sum of $200.00 shall be incurred without the prior sanction of the MTUC Finance Committee.
10. All disbursements shall be made in accordance with the approved estimates of expenditure.
11. The Financial Secretary shall prepare the Annual Estimates of Revenue and Expenditure.
12. All MTUC State Divisional Committees shall submit Estimates of Revenue and expenditure for the approval of the MTUC General Council.
13. All MTUC State Divisional Committee shall submit monthly statement of receipts and expenditure to the MTUC Headquarters.
14. Expenditure by the MTUC State Divisional committees be confined to items approved by the General Council.
15. All affiliation fees due from affiliated unions shall be remitted direct to the MTUC Headquarters.
16. MTUC State divisional committees shall account for all allocations of funds made to them by properly authenticated receipts and documents.
17. Members of the MTUC General Council attending meetings of the MTUC General Council away from their place of residence shall be eligible to make the following claims:-
(a) Actual Second Class train fare or a single seat in a bus or a taxi or car mileage.
(b) Subsistence allowance i.e. board and lodging, for every night spent away from their place of residence RM15.00.
(c) A day allowance of RM7.50 except a member claiming subsistence allowance should not be entitled to the ‘day allowance’.
18. Approval of claims and their payments from outstation members will however be subject to the availability of funds and the General Council may vary the rate of payments as laid down in Rule 17 according to merits from time to time.
19. All travelling claims must be submitted for payment within one month from date on which they are incurred.
20. ‘Local’ members i.e. members resident in the station in which the MTUC General Council meeting is held shall not be entitled to make any claims.
1. Credential Card
A Credential Card shall be issued by the Secretary General to all affiliated
organisations attending the Conference and who shall have paid their affiliation dues
in accordance with Rule 5.
2. Hours of Meeting
On the first day of each Triennial Delegates Conference the delegates shall assemble at 10.00 a.m. prompt; on each succeeding day at 9.30 a.m. to 1.00 p.m. reassemble at 2.00 p.m. and adjourn for the day at 5.00 p.m.
3. General Purposes Committee
(i) A General Purposes Committee of 5 members for the ensuing Delegates Conference, or a vacancy arises for any other cause, it shall be filled by the General Council.
(ii) The members of the General Purposes Committee shall appoint from their body a Chairman and Secretary. The duties of the General Purposes Committee shall be:-
(a) To co-ordinate with movers of motions and amendments in order that composite motions can be obtained wherever possible.
(b) To have printed and circulated to the delegates, copies of the composite motions they have approved.
(c) To submit to the Chairman of the Conference a Program of all motions and amendments approved by them together with all suggestions for the proper conduct of the business of the Delegates Conference.
(d) To report to the Delegates Conferences any violation of the Rules or Standing Orders that may be brought to their notice, together with any recommendations agreed upon.
4. Conference Minutes
The Minutes Secretary shall be appointed by the Delegates Conference on the recommendation of the General Council. He shall record the minutes of each day’s proceedings. Such minutes shall be considered by the General Council not later than 3 months after the Conference. The Minutes shall be signed by the Chairman on confirmation by the subsequent Delegates Conference.
5. Tellers and Ballot Scrutineers
The General Council shall nominate 4 Tellers and 4 Ballot Scrutineers from the names of delegates received. The nominations shall be submitted to the Conference Delegates for approval.
The Agenda compiled by the General Council shall be taken as the first business of Conference.
7. General Council Report
(a) The Secretary General shall present the General Council’s Report at the Delegates Conference. The Report shall be discussed seriatim, and not as a whole.
(b) General Council’s Report shall be given precedence over all other business of the Conference provided that where a motion bears directly upon any part of the Report, such motion may at the direction of the Chairman of the Conference be taken in conjunction with such part of the Report.
8. Emergency Motion
Subject to the provisions of Clause 7(b) above, the General Council or any affiliated organisation shall, subject to the approval of the General Purposes Committee, be permitted to submit any emergency motion for the consideration of the delegates to the Conference. No such permission shall however be granted unless agreed to by at least two thirds of the votes cast by the delegates to the particular Delegates Conference.
9. Limitation of Speeches
The mover of a motion be allowed 5 minutes, the seconder 3 minutes and any or each succeeding speaker 5 minutes. A delegate shall not speak more than once on a question, except the mover of the original proposition, who shall have the right of reply at the end of debate.
10. Order of Speakers
Each delegate shall stand when speaking. If the Chairman rises to call a delegate to order, or for any other purpose connected with the proceedings, the member speaking shall thereupon resume his or her seat, and no other delegate shall rise until the Chairman has authorised the discussion to proceed.
11. Chairman’s Ruling
Should any delegate cause any disturbance at any session of a Delegates Conference, and refuses to obey the Chairman when called to order, he shall be named by the Chairman and shall be expelled from the hall for the remainder of the session, and shall not be allowed to take part in the Conference proceedings without the consent of the Conference delegates.
The method of voting at each Delegates Conference shall as a rule be by show of hands or secret ballot if so decided by the Conference. But at the request of any two or more unions, a roll-call vote shall be taken, in which each delegation shall cast its vote as a unit on the basis of the membership it represents. Such cards shall be issued to the delegation by the Secretary General before the commencement of the Triennial Delegates Conference based on their paid up membership according to Rule 6(4) of MTUC’s Constitution.
The previous question, next business or the closure may be moved and seconded only by those delegates who have not previously spoken during the debate, and there shall be no speeches on such motions. Should the closure be carried by a majority vote, the mover of the original motion shall have the right to reply in accordance with Clause 9
14. Should the Chairman consider that there was no practical difference of opinion among the delegates, he shall have power to stop the discussion and submit the proposition to vote by the Conference Delegates.
15. Suspension of Standing Orders
These Standing Orders or any part thereof may only be suspended if such suspension is agreed to by at least two-thirds of the votes cast by the delegates present to a particular Triennial or Special Conference.
The quorum for a Delegates Conference whether Triennial or Special as well as for a Divisional Delegates Conference, shall be one-fourth of the affiliates in benefit.
Standing Orders of General Council
1. Duties of the President
The President when present shall be the Chairman. He shall decide the Opening and Closure of each sitting of the General Council. Before proceeding with the Agenda, he shall bring before the members any communications, which may concern them. He shall direct the debates, maintain order, ensure observance of the Standing Orders, accord as far as possible the right to speak, put questions to vote and announce the result of the vote. He shall have the right to take part in the discussions and to vote. He shall also have a casting vote.
2. Admission to meetings
As a general rule the sittings of General Council shall be private but at the request of a member and supported by no less than the majority of members present at a particular meeting, the Chairman shall be empowered to allow non-members to attend the meeting.Members of MTUC’s staff shall also be allowed to attend the Council’s Meeting at the request of the Secretary General.Non-members including the members of the Staff shall not have the right to speak unless invited to do so by the Chairman.
The Agenda for each sitting of General Council shall be prepared and issued by the Secretary General in consultation with the President.
Any subject which the council members shall have decided at the last sitting to include in the Agenda shall be included in the Agenda for their next session. Subjects introduced by the members of the General Council may also be included in the Agenda provided 14 days notice shall be given for such inclusion.
The Agenda shall be circulated to the members so as to reach them not less than 8 days before the date of the meeting. No matters other than those included in the Agenda as circulated, shall be considered. The Secretary General may however in consultation with the President introduce matters which he considers merits the attention of the Council.
The meeting may also be called at shorter notice than 8 days to discuss any urgent business, but no matters other than those included in the Agenda of such meetings shall be discussed.
4. Resolutions, Amendments and Motions
Any member may move resolutions, amendments or motions in accordance with the following rules:-
(i) The text of any resolution, amendment or motion shall be submitted in writing and handed to the Chairman. This text shall, whenever possible, be distributed before being put to the vote. Distribution shall be compulsory if ten members so request.
(ii) If there are several amendments to a motion or resolution, the Chairman shall determine the order in which they shall be discussed and put to the vote, subject to the following provisions:-
(a) every motion, resolution and amendment shall be put to the vote.
(b) amendments may be voted on either individually or against other amendments as the Chairman may decide, but if amendments are voted on against other amendments, the motion or resolution shall be deemed to be amended only after the amendment receiving the largest number of affirmative votes has been voted on individually and adopted.
(c) if a motion or resolution is amended as the result of a vote, that motion or resolution as amended shall be put to the meeting for a final vote.
(iii) A member may withdraw an amendment which he has moved unless an amendment to it is under discussion or has been adopted.
(iv) An amendment withdrawn by its author may be moved again by another member. In that case it shall be discussed and put to the vote.
(v) In the case of motions as to procedure, no notice in writing need be handed to the Chairman or be distributed. Motions as to procedure include the following:
A motion to refer a matter back, a motion to postpone consideration of a question, a motion to adjourn the sitting, a motion to adjourn a debate on a particular question or incident, a motion that the General Council proceed with another item on the Agenda of the sitting.
(vi) No resolution, motion or amendment shall be discussed unless and until it has been seconded.
The method of voting at each General Council shall, as a rule, be by show of hands or secret ballot if so decided by the Council. But at the request of any two or more members, a roll-call vote shall be taken in which each member shall cast his vote as a unit on the basis of membership he represents. Such cards shall be issued to the members by the Secretary General before the commencement of the General Council based on their paid-up membership.
6. Financial Matters
The General Council shall at all times, prior to taking any decisions involving expenditure, refer them first to the Finance Committee except in the case of exigencies when the General Council may take such decisions as it may consider necessary. The Finance Committee’s Report for the consideration of General Council, as the case may be, shall include an estimate of the cost and a suggestion as to the matter in which provisions should be made for the necessary expenditure.
7. Times of Meetings
The meetings of the General Council shall normally be held on Sundays at 10.00 a.m. at such periodical intervals as may be necessary to comply with MTUC’s Constitution.
8. Place of Meetings
The meetings shall be held at the Headquarters of MTUC unless otherwise expressly decided by the General Council or the Executive Committee.
9. Record of Meetings
A record of the meetings of General Council in the form of minutes which shall however not be the verbatim record, shall be kept. At the commencement of each ordinary sitting of the Council, the Minutes of its previous session shall be confirmed. Minutes of General Council shall not be published and their distribution shall be limited only to the members. A brief communiqué may however be issued by the Secretary General in consultation with the President, immediately after each session of the General Council and sent to the press and other mass media.
The official organ of MTUC, the ‘Suara Buruh’ shall however publish an account, intended particularly for affiliated unions and other labour organisations, containing at least the full text of resolutions and clear notification as to the conditions under which such resolutions were adopted.
10. Observing of the Standing Orders
These Standing Orders form a part of MTUC’s Constitution and they shall be strictly observed at all meetings of General Council. No amendment to these Standing Orders or any departure from them shall be allowed unless proposals to such effect would have been adopted in the normal manner in a Delegates Conference of MTUC.
1. In all disciplinary proceedings under the Rules of MTUC Constitution no member, including the officers of the General Council shall be punished or removed from the membership of the General Council unless he had been informed in writing of the grounds on which it is proposed to take action against him and has been afforded a reasonable opportunity of being heard.
2. Upon being directed by the General Council to enquire into the breach of any of the Code of Conduct by a member of the General Council, the Disciplinary Committee shall send to the member concerned a statement on the breach of the Code of Conduct and shall call upon him to appear before the Disciplinary Committee or mutually agreed upon and exculpate himself.
3. At the enquiry, if witnesses are examined by the Disciplinary Committee, the member concerned shall be given an opportunity of being present and of putting questions to the witnesses on his own behalf; and no documentary evidence shall be used against the member unless he has earlier been supplied with a copy thereof or given access thereto.
4. If during the course of the enquiry further grounds of breach of the Code of Conduct are disclosed, which the Disciplinary Committee shall report to the General Council, and if the General Council thinks fit to proceed against the member upon such grounds, the member shall be furnished with a statement thereof and the same shall be taken as prescribed above in respect of the original breach.
5. The Disciplinary Committee having inquired into the breach of the Code of Conduct shall make a report to the General Council. If upon considering the report of the Disciplinary Committee, the General Council is of the opinion that:-
(a) the member should be expelled from the membership of the General Council, it shall forthwith direct accordingly.
(b) the member does not deserve to be expelled from the membership of the General Council but deserves some lesser punishment, it may impose upon the member such lesser punishment as it may deem fit.
6. Any aggrieved member affected by the decision of the General Council shall have the right of appeal to the Delegates Conference whose decision shall be final.
7. The affiliate whom the member represented on the General Council shall be given copies of all the proceedings as and when they are issued or produced.
8. In all disciplinary proceedings under the Rules of MTUC Constitution against an affiliate of MTUC for breach of the Rules of MTUC, the same procedure as outlined in the foregoing paragraphs shall strictly be followed. All reference to the member and breach of the Code of Conduct shall be construed as references to the affiliates and breach of the Rules of MTUC.
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: email@example.com