While MTUC tries to engage the government in removing old thorny issues, the executive is busy reining in trade unions. MTUC president Syed Shahir Syed Mohamud shares his fears in this exclusive interview.

Malaysiakini: With four representatives on the EPF Board, have they been informing workers on how their contributions are being invested and dividends calculated?

Syed Shahir: I'm not on the board yet as the EPF has yet to appoint the new members this year. We have sent our standard nominations comprising the president, the deputy and one each from Sabah and Sarawak. But we want to broaden this representation by having more. It shouldn't be limited to (the present) five (four from the MTUC and one from Cuepacs). We must have a minimum of 10 workers' representatives. We have proposed for this but no response so far. We're also supposed to have a dialogue with the EPF once other issues are settled.

We also want to express our views on the EPF's function, operations and investment decisions because we know there is no transparency in the decision-making process. In fact, I was told by board members that there are certain restrictions under the OSA (Official Secrets Act), which is why they can't speak outside (the EPF Board meetings) although they may know a lot more.

Does Bank Negara or the Finance Ministry consult or seek opinions from the MTUC prior to implementing fiscal policies that affect millions of workers? If not, has the MTUC sought representation?

Not that I know of, not for as long as I've been here. I'm not sure about prior to my time. The MTUC is in NEAC (National Economic Action Council). So far, there have been meetings. A couple of months ago, there was a briefing by the PM on the economic situation which I attended. I don't know about the previous leadership but I don't have any experience yet on (being involved with) fiscal policies. We strongly believe that at least a representative should be sent to understand what exactly (is going on), not just Bank Negara but any other institution or ministry which in the final analysis will affect the livelihood of the worker.

What is your take on the proposed amendments to the Trade Unions Act (TUA) 1959 and how do you plan to counter the foreseeable adverse implications?

If the proposed amendments to the TUA restricts and curbs the movement of the unions, we will definitely oppose it. We have written a letter to the (human resources) ministry on our position. The practice on freedom of association has not improved but neither has it deteriorated, because we can still move around. It is more about control, but there should not be any control. The situation is not the same as during the colonial government's time. It may (have been) valid about 54 years ago but no longer so. The government just wants to continue controlling us, but it's a question of government perception towards unions. It shouldn't be so restrictive. Look, how many strikes have we experienced so far? Negligible. We don't have strikes and even if there are reported strikes, these are possibly wildcat. So why the need for so much control over unions, just because it's in the law?

How do you plan to resolve the four-year NUBE leadership crisis which topped your list of priorities following your victory for the MTUC presidency?

We're trying to iron out the differences and to bring together the parties concerned to agree to have a fresh election as soon as possible. Apart from the meeting, there is also a case in the Court of Appeal. We hope the court will make a certain decision. (But) we have to go on and try to persuade (the parties). We cannot just give up like that. The bottom line is to call for an election, how to do it, to bring the parties to sit down, discuss and agree to go for an election. Then we can chart out how to do it. Both parties have agreed to an election but not on how or who should conduct it.

How do you plan to push for a minimum wage given the government's opposition to it thus far? Any available alternatives?

We are thinking of a roundtable discussion. We wanted to do it earlier but had to postpone indefinitely due to so many things (that we had) to sort out first. Here, we need to revisit several declarations - Langkawi, Genting, Cameron - spanning almost 30 years. What have we achieved so far, how far we have gone and what more we need to do will form the plan of action for the next six months, one year or longer. The working committee will plan this within the next two months.

Given the trend in retrenchments, what are you doing to push through the proposed National Retrenchment Fund which dies off soon after being raised a few years ago?

Similarly (to the minimum wage issue), we will also pursue a roundtable discussion on the national retrenchment scheme.

What has the MTUC done, besides complaining to the ILO, about the public sector unions' loss of right to collective bargaining and to organise strikes? How do you plan to restore these rights?

We are arranging for a meeting with the Cuepacs leadership to discuss the interests of workers in the public sector. Don't forget, several of our affiliates are also members of Cuepacs, so we have an interest there. All we're saying is that we have to have a clear understanding of how far we can go as far as these issues are concerned. Otherwise, they (Cuepacs) will say 'why are you coming into our territory?'. As it is now, we have quite a good rapport with the Cuepacs leadership as is manifested in their statements that seem to be quite in line with ours. I hope I can work beyond that. Our secretary-general (G Rajasekaran) has tried to communicate with his Cuepacs counterpart for a common date to discuss, not just this particular issue but everything of interest to the membership of both sides.

As a complainant, what is the MTUC doing to push for action on the ILO recommendations and acceptance of ILO's offer for technical assistance in ensuring harmony of labour laws and practices with international standards?

The lobby (on the ILO recommendations) is still on, it has not stopped. We will pursue this. It's not that we are quiet and not pursuing it. We will pursue the same thing again and again, from time to time. And yes, we will continue possibly with a different approach which will bear the same result.