TRADE UNIONS ACT 1959

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 262 TRADE UNIONS ACT 1959 As at 15 September 2024 This text is ONLY AN UPDATED TEXT of the Trade Unions Act 1959 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 TRADE UNIONS ACT 1959 … … … … … … … 1959 (F.M. Ordinance Act No. 23 of 1959) Revised … … … … … … … First enacted Latest amendment made by Act A1700 which came into operation on … … … … 1981 (Act 262 w.e.f. 11 February 1982) … … … 15 September 2024 PREVIOUS REPRINTS First Reprint … … … … … 1968 Second Reprint … … … … … 2000 Third Reprint … … … … 2006 … 3 LAWS OF MALAYSIA Act 262 TRADE UNIONS ACT 1959 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II APPOINTMENT OF DIRECTOR GENERAL AND OTHER OFFICERS 3. Appointment of Director General 4. Appointment of Deputy Director General and other officers 4A. Powers of Director General 5. All officers to be public servants 6. Protection of public servants PART III REGISTRATION 7. Register of trade unions 8. Necessity for registration 9. Date of establishment of trade union 10. Application for registration 4 Laws of Malaysia ACT 262 Section 11. Temporary provisions relating to collection of funds 12. Registration 13. Certificate of registration 14. Power of Director General to call for further particulars 15. Cancellation of registration 16. Prohibition on activities during period of notice of intended cancellation or determination of appeal 17. (Deleted) 18. Power of the Minister to suspend a trade union 19. Consequences of failure to register or of cancellation of registration PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS 20. Disabilities of unregistered union 21. Immunity from civil suit in certain cases 22. Liability in tort 23. Liability in contract 24. Objects in restraint of trade not unlawful in case of registered trade union 25. Proceedings by and against trade unions 25A. Strikes and lock-outs PART V CONSTITUTION 26. Membership of trade union 27. Membership of public officers and employees of statutory authorities 28. Officers 29. Employees of a trade union 30. Power of Minister in relation to sections 28 and 29 Trade Union Section 31. Change of name 32. Amalgamation 33. Transfer of engagements 34. Notice of change of name or amalgamation 35. (Repealed) 36. Effect of change of name or amalgamation 37. Registered office 38. Rules 39. (Repealed) 40. Secret ballot 40A. Imposition of levy 41. Notification of changes of officers and employees 42. Notification of dissolution 43. Trustees PART VI DISPUTES 44. Decision of disputes 45. Powers of the Court and Director General in relation to disputes 46. Interpretation of “dispute” for the purpose of this Part PART VII PROPERTY 47. All property vested in trustees 48. Devolution of property 49. Investment of funds 5 6 Laws of Malaysia PART VIII FUNDS AND ACCOUNTS Section 50. Application of funds 50A. Collection of funds and moneys 51. Prohibition of payment of fines or penalties 52. Prohibition of use of funds for political objects 53. Injunction to restrain misuse of funds 54. Preservation of funds of registered trade union 55. Duty to render accounts 56. Annual returns to be prepared as Director General may direct 57. Keeping and inspection of accounts and records PART IX REGULATIONS 58. Regulations PART X OFFENCES AND PENALTIES 59. Acts done prior to registration 60. Misuse of money or property of a registered trade union 61. Supplying false information regarding trade unions 62. Failure to submit returns 63. General penalty 63A. Power of enforcement 63B. Enforcement officer 63C. Powers of examination 63D. Production, etc., of article or document 63E. Seizure of article or document ACT 262 Trade Union 7 Section 64. Prosecution and power to enter premises 65. Saving of offences under other written law 65A. Liability of president, secretary, treasurer etc., of trade union PART XI MISCELLANEOUS 66. Act not to affect certain agreements or authorize action outside rules 67. Legislation relating to societies and companies not applicable to trade unions 68. Service of legal process 68A. Service of summons issued by the Director General 69. Notification in the Gazette 70. Inspection, production and evidence of documents of the Director General 71. Power of Director General to summon witnesses 71A. Appeal to Minister 71B. Admissibility of electronic record PART XII FEDERATION OF TRADE UNIONS 72. Formation of federation of trade unions 73. Registration of federation of trade unions 74. Affiliation with registered federation of trade unions 75. Provisions and penalties applicable to federation of trade unions 76. Decisions by secret ballot 8 Laws of Malaysia ACT 262 PART XIIA CONSULTATIVE BODIES Section 76A. Restriction on the formation of or affiliation with consultative or similar bodies. 76B. Application for permission to form or affiliate with consultative bodies 76C. Power of Director General to withdraw permission or declare affiliation invalid 76D. Duty to inform the Director General of appointment to an office or employment in consultative bodies 76E. Application of Societies Act 1966 to consultative body 76F. Interpretation of consultative or similar body PART XIII TRANSITORY PROVISIONS AND REPEAL 77. Transitory provisions relating to existing trade unions 78. Transitory provisions relating to existing federations 79. Repeal FIRST SCHEDULE SECOND SCHEDULE— Repealed THIRD SCHEDULE FOURTH SCHEDULE 9 LAWS OF MALAYSIA Act 262 TRADE UNIONS ACT 1959 An Act relating to trade unions. [Peninsular Malaysia — 1 June 1959, L.N. 192/1959; Sabah — 25 March 1965, L.N. 115/1965; Sarawak — 19 August 1965, L.N. 311/1965] PART I PRELIMINARY Short title 1. This Act may be cited as the Trade Unions Act 1959. Interpretation 2. (1) In this Act, unless the context otherwise requires or it is otherwise expressly provided— “Director General” means the Director General of Trade Unions appointed under section 3, and includes a Deputy Director General, a Director, an Assistant Director of Trade Unions, and a Trade Unions Officer, appointed under section 4; “Director General for Industrial Relations” means Director General as appointed under subsection 2 A(1) of the Industrial Relations Act 1967 [Act 177]; 10 Laws of Malaysia ACT 262 “employee”, when used with reference to a trade union or political party means any person who is engaged for hire or reward on a full-time or part-time basis; “employer” means any person or body of persons, whether corporate or unincorporate, who employs a workman, and includes the Government and any statutory authority; “establishment” means any place of business or employment belonging to an employer and includes any division or branch thereof; “executive” means the body, by whatever name called, to which the management of the affairs of a trade union or of any branch thereof is entrusted; “funds”, when used in relation to the funds of a trade union includes all moneys collected or received by the trade union or any branch thereof from any source, including the proceeds of any investment or other thing done under subsection 49(1); “Government” means the Federal Government or the Government of a State; “levy” means any mandatory contribution, other than members’ entrance fee or subscription, which is imposed by a trade union on its members; “lock-out” means— (a) the closing of a place of employment; (b) the suspension of work; or (c) the refusal by an employer to continue to employ any number of workmen employed by him, in furtherance of a trade dispute, done with a view to compelling those workmen to accept terms or conditions of or affecting employment; “Minister” means the Minister charged with responsibility for human resources; Trade Union 11 “office-bearer”, when used with reference to a political party, means any person who is the president, vice-president, secretary, assistant secretary, treasurer or assistant treasurer of the political party, or who holds any office or position, by whatever name called, which is analogous to any of those mentioned above, or who holds any office or position in the political party whereby he exercises management or control of the affairs of the political party; “officer”, when used with reference to a trade union, means any member of the executive thereof, but does not include an auditor; *“Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory; “person” means an individual, corporation, statutory authority, society, trade union, co-operative society, firm and any other body, organization, association or group of persons, whether corporate or unincorporate; “public officer” means a person in the permanent or temporary employment of any Government in Malaysia; “register” means the register of trade unions maintained by the Director General under section 7; “registered office” means that office of a trade union which is registered under this Act as the head office of the trade union; “registered trade union” means a trade union registered under this Act; “regulations” means regulations made under section 58; “statutory authority” means any authority or body established, appointed or constituted by any written law, and includes any local authority; *NOTE—“Federal Territory” refers to the Federal Territories of Kuala Lumpur and Labuan are included—see P.U. (A) 274/1984. 12 Laws of Malaysia ACT 262 “strike” means the cessation of work by a body of workmen acting in combination, or a concerted refusal or a refusal under a common understanding of a number of workmen to continue to work or to accept employment, and includes any act or omission by a body of workmen acting in combination or under a common understanding, which is intended to or does result in any limitation, restriction, reduction or cessation of, or dilatoriness in, the performance or execution of the whole or any part of the duties connected with their employment; “trade dispute” means any dispute between an employer and his workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any such workmen; “trade union” or “union” means any association or combination of workmen or employers, being workmen whose place of work is in Peninsular Malaysia, Sabah or Sarawak, as the case may be, or employers employing workmen in Peninsular Malaysia, Sabah or Sarawak, as the case may be— (a) (Deleted by Act A1700); (b) whether temporary or permanent; and (c) having among its objects one or more of the following objects: (i) the regulation of relations between workmen and employers for the purposes of promoting good and harmonious industrial relations between workmen and employers, improving the working conditions of workmen or enhancing their economic and social status, or increasing productivity; (ia) the regulation of relations between workmen and workmen, or between employers and employers; Trade Union 13 (ii) the representation of either employers in trade disputes; workmen or (iiA) the conducting of, or dealing with, trade disputes and matters related thereto; or (iii) the promotion or organization or financing of strikes or lock-outs in any trade or industry or the provision of pay or other benefits for its members during a strike or lock-out; “trustees” means the trustees appointed under the rules of a registered trade union made in accordance with section 43; “workman” means any person, includin