PUTRAJAYA, 18 April 2025:
The National Union of Bank Employees (NUBE) will hold its Labour Day Rally on 1 May 2025 at the Persiaran Sultan Salahuddin Abdul Aziz Shah (in front of the Ministry of Human Resources) from 10am to 1pm.
This venue was chosen because the Minister has personally engaged in actions – contrary to international labour standards and domestic laws – that we deem anti-union.
Festival aid issue
NUBE demanded that the 17 MCBA (Malayan Commercial Banks’ Association) member banks pay one month’s Festival Aid in 2024 to help B40/M40 employees celebrate their festivals. While negotiations were ongoing, the Human Resources Minister – without NUBE’s knowledge – intervened and secured a far inferior package.
This interference was unwarranted, as the Minister was aware of NUBE’s ongoing talks with MCBA.
Referring the Collective Agreement issue to the Industrial Court
The Minister undermined the voluntary collective bargaining principle advanced by the International Labour Organisation as a standard to be followed, by referring the 20th Collective Bargaining between NUBE and MCBA to the Industrial Court.
Malaysia ratified ILO Convention 98 on 5 June 1961, which upholds voluntary negotiations between parties – not courts – as the proper framework for bargaining. The Minister’s interference is unnecessary and unwarranted.
The improper manner the Minister had dealt with the sexual harassment and racism issue
NUBE had exposed Maybank’s failure to address an issue sexual harassment and another involving racism by the bank’s executives in an effective manner. Maybank, displeased with NUBE’s actions, escalated the issue to the Industrial Relations Department [IRD] (under the Minister). The Minister had referred it to the Industrial Court.
Maybank now seeks to silence NUBE’s advocacy on these two issues in the Industrial Court. NUBE maintains that public awareness is vital to eradicate these societal ills. The Minister’s actions appear to endorse Maybank’s intention to suppress these critical issues.
The inaction of the Ministry of Human Resources in dealing with the banks’ on the anti-union activities
NUBE has made numerous complaints that the rejection of Trade Union Leaves (TULs) by the banks is contrary to the rights of trade unionism as provided in the domestic laws. However, the Minister to date has not initiated any action to stop this anti-union activity by the banks.
Failure of the Minister of Human Resources to respond to letters
When the banks had complained to the IRD about the right of NUBE members to picket, the IRD immediately summoned the members to attend an investigation. NUBE had written to the Minister to intervene and stop the investigation.
The Minister had failed to respond to this letter. The Minister’s conduct is not in accord with the principles of accountability outlined in the Regulations for Managing Discipline in the Public Service.
Conclusion
Anti-union acts violate ILO standards, constitutional rights, and criminal law. It is the role of the Minister to enforce these protections and halt such abuses. The Minister has failed to do so.
The National Union of Bank Employees (NUBE) was established in 1958. With over 15,000 registered members throughout the country, NUBE is legally the sole representative Union of all clerical and non-clerical employees of banking and financial institutions throughout Peninsular Malaysia.
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