1. What are the requirements for registration
of a trade Union? Every trade union shall apply to be registered under this Trade Unions
Act in order to function lawfully. 2. Can the Director General of Trade Unions
refuse to register a trade union? The Director General can refuse to register a trade union if- 3. Can the Director General of Trade unions
cancel the registration of a trade Union? The Director General of Trade Union may cancel the registration of a
trade union under the following circumstances: 4. What are the consequences of failure to register
or of cancellation of registration? If any trade union does not apply for registration in due time, or
if the registration of any trade union is refused, withdrawn or cancelled,
then- No trade union of workmen or trade union of employers can call for a
strike or lock-out without first obtaining the consent by secret ballot
of at least two-thirds of its total number of members who are entitled
to vote
A Guide To Trade Unions Act 1959
1. What are the requirements for registration of a trade
Union?
2. Can the Director General of Trade Unions refuse to
register a trade union?
3. Can the Director General of Trade unions cancel the registration
of a trade Union?
4. What are the consequences of failure to register and of cancellation
of registration?
5. Strike and lock-out.
6. Membership of minors. (a) It must be registered within one month from date of establishment;
(b) Application must be made in a prescribed form i.e. Form B
(c) Form B must be signed by at least 7 members;
(d) A fee of RM30.00
(e) A printed copy of the rules of the trade union;
(f) A copy of the minute of the inaugural meeting;
(g) A statement of the following particulars, namely-
(i) the names, occupations and addresses of the members making
the application;
(ii) the name of the trade union and the address of its head office; and
(iii) the titles, names, ages, addresses and occupations of the officers
of the trade union
(a) he is of the opinion that the trade union is likely to
be used for unlawful purposes or for purposes contrary to or inconsistent
with its objects and rules;
(b) any of the objects of the trade union is unlawful;
(c) he is not satisfied that the trade union has complied with this Act and
of the regulations;
(d) he is satisfied that the objects, rules, and constitution of the trade
union conflict with any of the provisions of this Act or of any regulations;
or
(e) the name under which the trade union is to be registered is-
(i) identical to that of any other existing trade union, or so
nearly resembles the name of such other trade union as, in the opinion of
the Director General, is likely to deceive the public or the members of either
trade union; or
(ii) in the opinion of the Director General, undesirable, unless the trade
union alters its name to one acceptable to the Director General.
(a) at the request of the trade union upon its dissolution
to be verified in such manner as the Director General may require; or
Where two or more registered trade unions exist in a particular establishment,
trade, occupation or industry, as the case may be, the Director General
may, if he is satisfied that it is in the interest of the workmen in that
establishment, trade, occupation or industry so to do-
(b) if he is satisfied-
(i) that the certificate of registration was obtained or issued
by fraud or mistake;
(ii) that any one of the objects or rules of the trade union is unlawful;
(iii) that the constitution of the trade union or of its executive is unlawful;
(iv) that the union has been or is being or is likely to be used for any
unlawful purpose or for any purpose contrary to its objects or rules;
(v) that the trade union has contravened any provision of this Act or of
any regulations made thereunder, or of any of its rules, or allowed any rule
to continue in force which is inconsistent with any such provision, or has
rescinded any rule providing for any matter for which provision is required
by section 38;
(vi) that the funds of the trade union are or have been expended in an unlawful
manner or on an unlawful object or on an object not authorized by the rules
of the union; or
(vii) that the trade union has ceased to exist.
(a) cancel the certificate of registration of the trade Elliot
or trade unions other than the trade unions which has the largest number
of workmen
(a) the trade union shall be deemed to be an unlawful association
and shall cease to enjoy any of the rights, immunities, or privileges
of a registered trade union, but without prejudice to any liabilities
incurred or to be incurred by the trade union which may be enforced against
the union and its assets;
5. Strikes and lock-outs.
(b) the trade union shall not, nor shall any of its officers, members or agents
on behalf of the union, take part in any trade dispute or promote, organise
or finance any strike or lockout, or provide pay or other benefits for its
members during a strike or lock-out;
(c) the trade union shall be dissolved and its funds disposed of in such manner
as may be prescribed and, subject thereto, in accordance with the rules of
the union; and
(d) no person shall, except for the purpose of dissolving the union and disposing
of its funds in accordance with the rules or for the purpose of an appeal under
section 71A against such refusal, withdrawal or cancellation, take any part
in its management or organisation, or act or purport to act on behalf of the
union or as an officer of the union.
(a) strikes and lock-outs;
(b) the imposition of a levy;
(c) dissolution of the trade union;
(d) amendment of the rules of the trade union which results in increasing the
liability of the members to contribute or decreasing the benefits of the members.
