Discrimination by employers and the immigration authorities against foreign workers have deterred them from exercising their right to participate in local trade union activities, claimed union leaders today.

Construction Workers Union (CWU) executive secretary S Santhanasamy said although Malaysian labour laws permit foreign workers to join trade unions, many of them were not willing to do so due to pressure from their employers and immigration authorities.

Currently, he said, the CWU has only 2,565 registered members although there was an estimated 350,000 workers in the country's construction industry of which 80 percent are foreigners.

"They're too scared to join the union," Santhanasamy said.

"Their (working) permits are only for two years and these permits are applied for by the employers. They're afraid that their permits will not be renewed if their employers find out that they have joined unions," he added.

Santhanasamy also revealed that some foreign workers had told him that they were allegedly asked by immigration authorities to sign a form in which they agreed not to participate in any associations or trade union activities while in the country.

Non-Metallic Mineral Products Manufacturing Employee's Union (NMNPMEU) president, S Somahsundram said there were some foreign workers who were unionised but their employers had refused to pay their union subscription fees.

"We have taken one case to the Industrial Court. The case will be heard in September," he said, adding that such employers had claimed that foreign workers were not entitled to such benefits.

On Tuesday, Human Resources Minister Dr Fong Chan Onn announced that foreign workers were allowed to join unions as ordinary members. He, however, elaborated that he would 'leave it to the wisdom' of employers and trade unions to negotiate the collective agreements (CAs) for the foreign workers.

(Section 17 of the Industrial Relations Act 1967 states that all employees are covered by the collective agreement, even those who are not union members.)

Foreign control

Meanwhile, Malaysian Employers' Federation (MEF) executive director Shamsuddin Bardan questioned the wisdom of allowing foreign workers to join unions.

According to him, there were many foreign workers in sectors such as construction and agriculture, purportedly not favoured by Malaysians, and they may eventually control these industries' unions.

"Although they cannot be union leaders, they have voting rights. Since they are the majority, they can decide who leads the union," Shamsuddin said.

"Will it be in the interests of the nation?" he asked. "The foreign workers are in the country for a short period and therefore they should not be union members," he said.

Shamsuddin denied any knowledge of foreign workers being allegedly forced by immigration authorities to sign an agreement form which categorically bars them from joining any associations or trade unions.

"To my knowledge, there is no requirement for them to sign such a form," he said.

He also refuted the suggestion that employers are deterring their foreign workers from joining unions saying it was the individual liberty of the workers to participate in unions.

"It's up to the workers (to join unions). We cannot ask them not to do so." he said, adding, "If we do, we're infringing the law."