M.Krishnamoorthy
A media coach, adjunct professor and author
Human Resource Minister Steven Sim's decision to engage with the Malayan Commercial Banks' Association (MCBA) management group has sparked a significant conflict of interest. The National Union of Banking Employees (NUBE) says the minister siding with the MCBA is viewed as unfair by the 15,000-member strong bank union.
NUBE secretary-general J.Solomon has strongly criticised Sim’s actions, stating that they flagrantly violate the Industrial Relations Act 1967. “It’s unjust for the banks to pay half a month when they have reaped millions in profit.”
He was referring to Minister Sim’s response to the Festival Aid issue. Allowing banks to pay only a half-month rather than an entire month directly violated the Memorandum of Agreement on Festival Aid.
Article 2 of ILO Convention 87 on Freedom of Association and Protection of the Right to Organise states that workers' and employers' organisations can draw up their constitutions and rules, elect their representatives freely, organise their administration and activities, and formulate their programmes. This violation must be addressed immediately.
This direct intervention in the reconciliation process and taking sides with the MCBA is a gross violation of ILO rules.
Solomon has condemned the minister’s action as a “duplicitous (deceitful) nature with which the Minister bypassed correct and proper process by excluding NUBE from negotiations. Moreover, the Minister’s actions have significantly undermined the industrial relations process and directly contradict the principles of good faith collective bargaining.”
As a result of Sim’s interference, significant banks have directly thanked the minister for his time, input, and guidance in circulars issued to staff.
In an interview with Newswav, Solomon said this is evidence of interference and would appear to infringe on the principle of workers’ and employers’ organisations. Workers have the right to organise their activities and to formulate their programmes.”
Therefore, Solomon added: “It is the role of public authorities to ensure that trade unions have the right, through collective bargaining or other lawful means, to seek to improve the living and working conditions of those they represent. Any interference restricting this right or hindering its lawful exercise breaches their duty.
“Public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof. Furthermore, the ILO supervisory machinery, The Committee on Freedom of Association, has ruled that the right to bargain freely with employers regarding work conditions is an essential element of freedom of association.”
Solomon stated: “The Festival Air MoA stipulates that the quantum of payment may be reviewed in the following year – namely, 2024. It does not indicate the 2023 Festival Aid payment was a one-off or that MCBA could adjust the aforementioned quantum without negotiating with NUBE, the rightful voice
NUBE’s Solomon called on Minister Sim and MCBA to address their actions by:
- Ensuring MCBA pays clerical workers the full one-month salary festival aid.
- Demonstrating commitment to holistically resolve the FA issue by incorporating the FA-MoA into the 19th Collective Agreement and recognising it as a yearly payment so this situation does not repeat itself.
- MCBA guarantees to absorb the income tax on the payment as it is an aid and in recognition of the distress caused to the workers.
Freelance Writer M. Krishnamoorthy (www.imkrishna.net) is a media coach, adjunct professor and undercover journalist. He has freelanced with Bernama, NST, The Star, and Malaysiakini. He also freelances as a fixer/coordinator for CNN, BBC, German and Australian Television networks and the New York Times. As an undercover journalist, he has highlighted society's concerns.
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