TITLE: Pro-union Workers Feel Management Heat

AUTHOR: Susan Loone & Ng Boon Hooi

PUB: Malaysiakini.Com

DATE: February 21, 2001

For months, the women held clandestine meetings in the canteen and coffee shops, they spoke in a hush-hush manner when they met along the corridors, over lunch, before and after work. There were days and nights when they visited each other's homes, at times not telling their spouses what they were up to. They distributed forms, pulled in signatures and converted the fence sitters by explaining their cause in whatever manner they thought possible. In their work place, they were often looked upon with eagle's eyes by their superiors, who acted like their charges were planning a riot, a strike or a picket. If one of them stood outside the building and spoke to a stranger, she would be asked to explain the whys, whos and whatnots. She would be followed and monitored closely. One would think that a situation like this only exists in a TV drama. But in Semenyih, Negeri Sembilan, it is a real-life drama. These determined women are employees of an electronics factory owned by a local Chinese businessman. It is a cash cow operation, said the workers, as orders go out to international markets like England, Bahrain, Sri Lanka, Singapore and Indonesia. However, work conditions are bad and the workers had no choice but to demand for a union. They are indeed courageous because given the backdrop of an anti-union situation in the factory, they may lose their jobs. Working for a management which suffers from a disease they term "union-phobia", these workers have suffered sleepless nights in order to get their act together. Two months ago, they submitted their registration to the Director-General of Trade Unions in Kuala Lumpur, requesting to join the Electrical Industry Workers Union (EIWU). "There are several reasons why the workers decided to start a union," a workers' representative from the factory told malaysiakini last Saturday. Reasons range from bad safety and health conditions at work to low pay, no bonuses, no canteen and unsatisfactory medical benefits. "Turnover is high, more than 10 to15 people resign every month," another said. "New employees who seek employment in the factory leave within six months, most of them unhappy with job conditions and the pay increment." Gender, age discrimination The workers related an incident where an asthmatic employee who was in bad shape had pleaded to be taken to a nearby clinic. Delay in seeking medical treatment landed her in the hospital in the afternoon. The next morning she died. This episode devastated her colleagues and they resolved to do something about it. Apart from minor flu and coughs, many of them have also developed skin irritations and breathing complications due to dust and poor ventilation in their work areas. Once upon a time, there was a Safety and Health (S&H) committee in the factory. "But that was when the factory was vying for ISO approval. After getting registered, no one heard anything more about the S&H committee," said one of the workers who gathered in a flat to speak to malaysiakini. Out of the 200-odd workers, most of them are women in their mid-forties. They do not earn much, neither do their husbands and some are single parents. Many factories discriminate against workers in terms of sex and age. Those who are unfortunate enough to be in this age group often find it most difficult to seek employment elsewhere. Although some of them have worked for years at the factory, their employment periods ranging from two to 10 years, their take-home pay is usually just about RM400 to RM500 a month. Increments are about RM5-RM30 a year, depending on performance. Performance appraisals are duly done every year. But that is for show only, the workers lamented, as most of them get just about the same amount of increment no matter how hard they work. Tremendous tension When the management got wind of the workers' budding union activities, the workers were called singly into the general manager's office. One by one, they were coaxed, persuaded and finally forced to sign a letter that said that they were not in favour of the union. Most, fearing they'd lose their job, signed the standard letter. New recruits were also asked to sign the same letter apart from their offer letter. What seemed more ridiculous, said the workers, was that they were strictly warned not to receive any letters from the Trade Unions Department. "We do not know until now if our request to join the EIWU has been approved or not," a worker said. One man refused to submit to the glaring oppression within the factory. He was the union organiser. Failing to convince or persuade him, the management then issued him three warning letters in a week related to his job performance. The only problem was that the allegations they mounted on him were related to incidences which happened months ago. His boss told him that his customers complained about him, though during a court hearing, it was proven that no one ever did. He was also said to be absent a few days in a row, for which the court found that he had valid reasons. After a domestic enquiry, the man was dismissed. The Industrial Relations Court, however, found him not guilty. His case is now pending in the High Court. "We all felt a tremendous amount of tension when all this happened. A Malay colleague, who is pregnant,absented herself for four days this week due to constant harassment by the bosses," said a worker. Other than disrupting their peace of mind from time to time, the general manager had also warned them that he would be taking legal action against those who disobeyed him. According to the workers, he had told them: "If you go ahead with the union, I'll call my lawyers." Silver lining These workers have registered their complaints with the national union. They are prepared to wait forever, they said. Those who did not fully understand that it is their basic right to form a union within their work place, cowed under management pressure and abandoned the cause altogether. Those who regretted signing the letter, however, got together and vowed to stay united until their membership to EIWU is recognised. Nevertheless, every cloud has a silver lining. They are several positive things which have arisen out of this despondent situation, especially when the management realised that the workers were not giving up the fight. These goodies doled out, the workers felt, are merely strategies to tear apart the workers' solidarity. The management hoped the ones who did not benefit financially would look at those who did with envy and jealousy, thus splitting the group. And so union activists were singled out by the management and given a pay rise of RM150, something they could only dream about months before. They were also promoted and given bonuses. In the past, these workers were usually given hand-outs or ang pows worth RM200, an amount which is not given across the board. This year, however, they were presented with one and a half month's salary. "I've given you health benefits, bonuses and increments ..." the GM was said to have told his employees. "But I need a favour from you ... don't start a union." But a determined worker, who is a single parent, said, "We're not giving up. We'll take legal action if we fail to get union recognition. We've already come a long way." These workers have informed the Trade Unions department that they were forced to sign the earlier letter and that the management had no basis to infringe on their right to form a union. 'Take it or leave it' In a separate case, a Malaysian-owned glove factory, also in Semenyih, does not believe in paying its workers a monthly income. After eight years of work, an employee lamented that she is only paid RM16 a day for 12 hours of work. On the pretext that the company was not doing well financially, there have been no increments or bonuses for the past year. There is completely no obeisance to the minimum standard accorded under the Employment Act. Workers in this factory only get to enjoy three public holidays - New Year's Day, Hari Raya Aidil Fitri and Deepavali. Annual leave has also been slashed from 16 days to 10 days. Poor working conditions persist, leaving workers unhealthy. On the average, workers seek medical treatment twice a month. When workers ask for an improvement in their pay and work conditions, they are told to "Take it or leave it" with regard to their jobs. The management's attitude is due to the fact that half of the 300-odd workers are Bangladeshis and Indonesians who are paid RM13 for a 12-hour work day. Suzy Devaki, treasurer of Sahabat Wanita (Friends of Women), a non-government organisation in Kajang which helps women workers fight for their rights, said, "Two years ago, these workers came for training on how to set up a union in their work place, but since business was bad and the workers feared retrenchment, they decided they would discuss union activities later. "However, the management found a way out of this possible problem by promoting workers who were actively involved in campaigns to set up the union. Those who persisted were harassed until they left," she added. Anti-union situation Sahabat Wanita's president Irene Xavier said that management harassment in the wake of setting up unions in factories was common. She added that generally, workers do not know how to form a union and they depend on whoever who is guiding them. They need a strong leader who can stand the harassment and abuses, she said. "We've organised many programmes for these workers but it is difficult to get the women to attend," she said, noting that factory workers are mostly women. "It's an anti-union situation for women in this country because they do not only face problems with the management at work but also at home where they face lots of restrictions from their spouses who do not believe women should be active in this area," she added. Xavier said that many multinational companies have also brainwashed their workers to such an extent that they would not even accept pamphlets on organising unions which have been given to them. They simply wouldn't take the pamphlets that were being distributed outside their factories by concerned parties, she added. Two years ago, during the financial crisis, workers laid low when it came to organising union activities, for fear of being retrenched. According to Xavier, workers have approached Sahabat Wanita and attended training on forming unions, but when they go back to the factories to try to set up an organisation, the management counters this by promoting or transferring the said employees. "We need to change the law with regard to union recognition as it is a weak law," Xavier said. "The law is also always on the side of the employers, instead of favouring the workers who are easily cheated," she added. Weak laws Syed Shahir Syed Mohamud, executive secretary of the Transport Equipment and Allied Industries Workers' Union told malaysiakini that as far as bosses are concerned, they want a union-free situation in this country. Management will try its best to persuade workers not to associate themselves with a national union, failing which, the management will invite workers to form an in-house union, he said. "But the law is very clear that employers cannot coax, persuade, force, harass or interfere with union activities," he said. "Why deny workers their most basic right? I fail to understand management's fears. How many factories close down because of union activities?" he asked. Echoing Xavier's concerns, Syed Shahir is also of the opinion that trade union laws need to be amended to allow for better recognition of unions. This Saturday, Sahabat Wanita, with the help of several unionists, will reveal studies of women and their participation in trade unions in the country. A brief study was conducted on 200 workers at the Sungai Way and Kajang Industrial Areas in Selangor. With the study, the organisation hopes to push for better laws pertaining to union recognition in conjunction with this year's Labour Day. Susan Loone and Ng Boon Hooi are Malaysiakini journalists. END top