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
Appendix ‘A’
Appendix ‘C’
Appendix ‘D’
Appendix ‘E’
Appendix ‘F’
Appendix ‘G’
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.
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.
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.
General Provision
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:
Specific Measure
(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.
(f) Housing
Assisting workers, financially or otherwise to possess their own houses through
co-operative and other means.
(g) Education
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.
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
Full Membership
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.
Levies
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.
Arrears
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.
Supreme Authority
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:-
Upto 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.
Observers
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.
Preliminary Notice
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.
Standing Orders.
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.
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.
Membership
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.
Qualifications.
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.
Nominations.
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.
Election.
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.
Ballot papers.
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.
Quorum
7(16) One third of the members of the General Council shall
form the quorum at its meeting.
Standing Orders
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
General Provisions
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.
Labour Legislation
8(2) It shall watch all
legislation affecting labour and shall initiate such legislation as the Delegates
Conference may direct.
Union disputes
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.
Propaganda work
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.
International Relations
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).
Report.
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.
Meetings.
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.
Group Committees
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.
Other Committees.
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
concerned.
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.
Voting.
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 Honarary 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.
Finance Committee.
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.
Group Committees
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
Secretary 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.
Working Committee
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
Officials.
President
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 endeavor 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.
Deputy President
10(2) The Deputy President acting for the President shall
have the latter’s powers vested in him during his absence.
Vice Presidents
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.
Secretary General
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.
Office staff.
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.
Chief Executive
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.
Vacancy
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.
Financial Secretary
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.
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:
Upto 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:-
Chairman
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.
Vice Chairman
11(5) The Vice-Chairman will act for the Chairman in his
absence and assist him in his duties.
Secretary
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.
Assistant Secretary
11(7) The Assistant Secretary will act for the Secretary in
his absence and assist him in his duties.
Treasurer
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.
Responsibilities
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.
Financial arrangements
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.
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.
External Auditors
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.
Dear Sir,
Application For Affiliation
This application for affiliation with the Malaysian Trades Union
Congress is submitted for favourable consideration. The particulars of this Union are
as follows:-
(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.
Cheque
Union Stamp Yours fraternally,
on behalf of the Executive Committee
Date: ……………………..
Secretary
—————————————————————————————-
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.
Financial Regulations
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.
Standing Orders
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.
6. Agenda
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.
12. Voting
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.
13. Closure
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
above.
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.
16. Quorum
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.
3. Agenda
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.
5. Voting
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.
Disciplinary Procedure
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: sgmtuc@gmail.com.com