• Stress the serious implications on workers and trade unions;

• Urge YAB Perdana Menteri to direct the Human Resources Ministry to take firm and positive steps to ensure compliance of the specific provisions under Industrial Relations Act 1967.

2. Resolution On Inordinate Delay In Settlement Of Dismissal Cases

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Are perturbed by Human Resource Ministry’s indifference towards the sufferings of thousands of workers who are dismissed each year;

• Human Resource Ministry has failed to take cognizance of the code of conduct for industrial harmony.

• We urge YAB Perdana Menteri to take urgent measures to rectify this long standing pressing problem involving thousands of working families.

3. Resolution On Antiunion Activities

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Wish to draw YAB Perdana Menteri’s attention to increasing number of anti union and union busting activities by employers;

• Many employers flagrantly violate the provisions Section 4 and 5 of the Industrial Relations Act 1967;

• HR Ministry’s failure to enforce the provisions guaranteeing worker’s rights has encouraged more employers to contravene the legal safeguards with impunity. We are disappointed by HR Ministry’s refusal to act on specific complaints of collaboration by HR Ministry’s officers to facilitate union busting activities;

• Urge YAB Perdana Menteri to direct the HR Ministry to give effect to the provisions stipulated in the Industrial Relations Act 1967.

4. Resolution On Denial Of Freedom Of Association

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Highlight that in the last 4 years, with the collusion of the HR Ministry, many employers have denied workers the right to join a union and collectively bargain for better terms and conditions:

• Disappointed that after 47 years of Merdeka, workers are not given the freedom to join a union of their choice as guaranteed under article 10 of the Federal Constitution;

• Reiterate that in the last 3 years HR Ministry has denied freedom of association to more than 8,000 workers

• We deplore HR Ministry’s action in direct contradiction of the Federal Constitution; and

• Urge YAB Perdana Menteri to direct the HR Ministry to ensure that actions and policies are in compliance with the provisions of the Federal Constitution.

5. Resolution on Socso’s Uncaring Approach

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Highlight that the social security organization has become increasingly unsympathetic and inconsiderate: Its administrators, including the CEO treat applications for assistance with contempt; often they challenge certifications of their own panel doctors;

• MTUC is disturbed by ever increasing reports on Socso’s denial of compensation to injured and disabled Socso members;

• Express our deep concern over Socso’s eagerness to spend considerable sums of contributors money on legal proceedings to challenge their own Socso Appellate Boards awards infavour of contributors

• Urge YAB Perdana Menteri to direct the HR Ministry to appoint a more sympathetic and caring person to head the Socso.

6. Resolution On Contract Workers

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Stress the need to ensure that all workers enjoy security of tenure of employment’

• Point out that the current contracting system and practice has completely removed security of tenure and employees earnings each day has become uncertain;

• Such practice spreading throughout the country, involving tens of thousands of workers is threatening employees and their family of their livelihood;

• Highlight that even the limited safeguards under the Employment Act are not enforced;

• Urge YAB Perdana Menteri to direct the Human Resources Ministry to urgently review the Employment Act so as to provide adequate safeguards, eliminate room for abuse and ensure that contract workers are accorded healthcare, social security and old age retirement benefits.

7. Resolution On Voluntary Separation Scheme (VSS)

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Note that an increasing number of companies, including major banks are abusing the so called VSS to get rid of employees, especially long serving employees;

• Regret that the Human Resources Ministry is unwilling to act on complaints of victimizations;

• Stress the need to take firm measures to stop powerful employees from abusing this system;

• Urge YAB Perdana Menteri to direct the Human Resources Ministry address this issue urgently.

8. Resolution On The EPF’s Death And Incapacitation Benefits

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Reiterate that responding protests and appeal the former Prime Minister gave a written assurance letter dated 8 May 2001 that the quantum of compensation to EPF contributors or their dependants in the event of Death and Incapacitation will be restored to a minimum of RM1000 to a maximum of RM30,000.

• Regret that YAB Perdana Menteri’s promise remain unfulfilled;

• Urge YAB Perdana Menteri to initiate steps to reinstate the rate of compensation that was in practice prior to 1 July 2001.

9. Resolution On Foreign Workers

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Express our deep concern over Human Resources Minister’s series of public announcements in the past four months, stating his actions to bring in more than 300,000 foreign workers;

• Point out that factory closures and relocation has eliminated thousands of jobs and severely restricted job opportunities;

• Disappointed that the Human Resources Minister is oblivious to the sufferings of unemployed Malaysians;

• Highlight the increasing complaints from Malaysian workers of discriminatory policies and practices enforced by companies, including major multinational corporations;

• Urge YAB Perdana Menteri to limit recruitment of foreign workers and direct the Human Resources Ministry to carry out a detailed study to ascertain employment situation and determine needs and requirement of foreign labour.

10. Resolution On Appointment Of Industrial Court Chairman in Breach of Section 23A of the Industrial Relations Act

We the delegates attending the MTUC Special Labour Convention on 10 January 2004 :

• Disappointed over Human Resource Minister’s decision to ignore trade unions’ and Bar Council’s call to review his decision to appoint a corporate figure as a Chairman of Industrial Court.

• Point Out that the new appointment to take effect from 15 January 2004 is clearly in breach of the provisions of Section 23A of the Industrial Relations Act 1967.

• Reiterate that the Minister has not only failed to ensure compliance of the legal requirements he has also let down workers by ignoring the track record of the new appointee who has spent most of his working life advocating employers interests at the expense of workers and trade unions.

• We urge YAB Perdana Menteri to review the appointment in order to ensure that court proceedings are not disrupted by legal challenges.