Chapter 1 – Report of the Policy, Law and Complaints Group protection of his interests - a right further entrenched under Sections 4,36 537 and 738 of the Industrial Relations Act 1967 (Act 177) - the Commission, on 23 February, organised a round-table discussion (RTD) on this matter. The RTD was attended by representatives from the Department of Labour (DL), Department of Trade Union Affairs (DTUA), Department of Industrial Relations (DIR), Malaysian Employers Federation (MEF), as well as the Malaysian Trades Union Congress (MTUC). During the discussion, the representatives from the trade unions highlighted the following issues: (i) It has been common practice among employers in Malaysia to pressure unions by 36 Section 4 of the Industrial Relations Act 1967: (1) No person shall interfere with, restrain or coerce a workman or an employer in the exercise of his rights to form and assist in the formation of and join a trade union and to participate in its lawful activities. (2) No trade union of workmen and no trade union of employers shall interfere with each other in the establishment, functioning or administration of that trade union. (3) No employer or trade union of employers and no person acting on behalf of such employer or such trade union shall support any trade union of workmen by financial or other means, with the object of placing it under the control or influence of such employer or such trade union of employers. 37 Section 5 of the Industrial Relations Act 1967: (1) No employer or trade union of employers, and no person acting on behalf of an employer or such trade union shall— (a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to the contract to join a trade union, or to continue his membership in a trade union; (b) refuse to employ any person on the ground that he is or is not a member or an officer of a trade union; (c) discriminate against any person in regard to employment, promotion, any condition of employment or working Industrial Relations 13 conditions on the ground that he is or is not a member or officer of a trade union; (d) dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman— (i) is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union; or (ii) participates in the promotion, formation or activities of a trade union; or (e) induce a person to refrain from becoming or to cease to be a member or officer of a trade union by conferring or offering to confer any advantage on or by procuring or offering to procure any advantage for any person. (2) Subsection (1) shall not be deemed to preclude an employer from— (a) refusing to employ a person for proper cause, or not promoting a workman for proper cause, or suspending, transferring, laying-off or discharging a workman for proper cause; (b) requiring at any time that a person who is or has been appointed or promoted to a managerial, an executive or a security position shall cease to be or not become a member or officer of a trade union catering for workmen other than those in a managerial, an executive or a security position; or (c) requiring that any workman employed in confidential capacity in matters relating to staff relations shall cease to be or not become a member or officer of a trade union. 38 Section 7 of the Industrial Relations Act 1967: No workman or trade union of workmen and no person acting on behalf of such trade union shall— (a) except with the consent of the employer, persuade at the employer’s place of business during working hours a workman of the employer to join or refrain from joining a trade union: Provided that this paragraph shall not be deemed to apply to any act by a workman employed in the same undertaking where the act does not interfere with his normal duties; (b) intimidate any person to become or refrain from becoming or to continue to be or to cease to be a member or officer of a trade union; or (c) induce any person to refrain from becoming or cease to be a member or officer of a trade union by conferring or offering to confer on any person or by procuring or offering to procure any advantage. 82 BOOK-ANR2016-01-latest.indb 82 08/04/2016 3:32 PM