MALAYAN COMMERCIAL BANKS’ ASSOCIATION (MCBA) PORTFOLIO KMS3014 INDUSTRIAL RELATIONS Nur Airin Farisha binti Mohamed Badusha (78347) Nurul Su’aidah binti Mohamad Yusuf (80902) Group Members: Nurul Afida binti Affendi (80817) Fatin Farahin binti Zulhairie (79413) Nurul Hidayah binti Masri (80875) Nida Nazihah binti Abdul Rani (80382) Nurazrinah Kadir (82042) Anis Sofea binti Osmadosnani (77836) Sentiaty Awing Pulo (82246)
OUR MEETING The Recorded Meeting We had the opportunity to conduct an online meeting with the Executive Director of MCBA, Mr. Looi Heong Meng together with Miss Anusia (admin clerk), on 7th November 2023 via Microsoft Teams.
LOCATION OF MCBA Malayan Commercial Banks’ Association 22nd Floor, Akademi Etiqa No.23, Jalan Melaka 50100 Kuala Lumpur, Malaysia MCBA does not have any branch. It operates solely from its office in Akademi Etiqa.
20 FOUNDER MEMBERS Bangkok Bank Limited Bank of America The Chartered Bank Chung Khiaw Bank Limited First National City Bank The Eastern Bank Limited The Hongkong and Shanghai Banking Corporation The Indian Bank Limited Indian Overseas Bank Limited Banque de l’Indochine Bank of Tokyo MCBA was registered under the Trade Union Act 1959 on 17 January 1963 as a trade union of banking employers with registration number 338. Unfortunately, MCBA did not share the registration certificate with us. ORGANISATION SET UP Kwong Yik (Selangor) Banking Corporation Limited Lee Wah Bank Limited Malayan Banking Limited Mercantile Bank Limited Netherlands Trading Society The Oriental Bank Of Malaya Limited Oversea-Chinese Banking Corporation Limited The United Commercial Bank Limited United Malayan Banking Corporation Limited An amendment in 1998 defined members as registered or incorporated Malaysian commercial banks and finance companies focusing on banking or financing as their primary business in Peninsular Malaysia.
Securing the representation in MCBA of all bank members. Maintaining and promoting good relations between members and employees. Advising and assisting in managing relationships between banks and another members of MCBA, between banks and their employees and between employees and employees. Securing mutual support and cooperation among member banks to deal with: a) Demands made by trade unions/employees; b) Industrial action taken by trade unions/employees; c) Trade disputes; d) All matters or questions affecting the common interest of member banks. Encouraging the implementation of equitable payment rates. Standardizing practices on member bank employment contracts. Representing member banks in collective bargaining and to deal with trade disputes. Offering financial aid to member banks in resolving trade disputes. To promote and protect the shared interests of members and employees, and engaging in all lawful activities. MCBA OBJECTIVES SCBA president Maureen Paril and SBEU president Fabian Oliver Patrick Munan inked collective agreement to benefit 2,000 bank employees, witnessed by the Malayan Commercial Banks' Association (MCBA) president Datuk Nora Abdul Manaf.
MCBA represents member banks in collective bargaining with 2 national unions, which are Association of Bank Officers Malaysia (ABOM) and National Union of Bank Employees (NUBE) on terms and conditions of collective agreements. MCBA represents member banks in collective bargaining with 2 national unions, which are Association of Bank Officers Malaysia (ABOM) and National Union of Bank Employees (NUBE) on terms and conditions of collective agreements. MCBA president Datuk Dr. Nora Abd Manaf (3rd from left) exchanging documents with NUBE president Michael Tan Eng Hong, flanked by (left to right) CIMB's Tay Shik Heng, Khairussaleh, Shamsul Iskandar, NUBE consultant Ragavan and Solomon. (Wednesday, April 12th, 2023) As many member banks also have branches in Sabah and Sarawak, MCBA works closely with both the Sabah Commercial Banks’ Association and the Sarawak Commercial Banks’ Association in collective agreement negotiations. This collaboration aims to cover all members in Peninsular Malaysia, Sabah, and Sarawak. As many member banks also have branches in Sabah and Sarawak, MCBA works closely with both the Sabah Commercial Banks’ Association and the Sarawak Commercial Banks’ Association in collective agreement negotiations. This collaboration aims to cover all members in Peninsular Malaysia, Sabah, and Sarawak. REPRESENTATION CC MUHD AMIN NAHARUL Represent their members (employer) in respect of negotiation and resolution of industrial disputes with unions, in conciliation meetings at the Ministry of Human Resource, in front of the Labor Court and Industrial Court.
20 CURRENT MEMBERS Each member bank is required to pay an annual subscription fee, as outlined in the Rules of MCBA on page 6, to cover operating expenses related to the maintenance of the office and staff. Deutsche Bank Malaysia Berhad J.P Morgan Chase Bank Berhad
20 CURRENT MEMBERS To become a member under the MCBA, there are several important aspects that are taken into account by banks that wish to register as members: Registered as a commercial bank. Must have Licensed Commercial Bank approved by the National Bank (Bank Negara) Bank members that can register under MCBA only from commercial banks located in Peninsular Malaysia Each member bank is required to pay an annual subscription fee, as outlined in the Rules of MCBA on page 6, to cover operating expenses related to the maintenance of the office and staff.
Standard Chartered Bank Berhad: En. Muhammad Rawi Abdullah Alternate: Ms. Deepa Ramachandran EXCO MEMBERS President Secretary Treasurer Committee Members Malayan Banking Berhad: YBhg. Datuk (Dr.) Nora Abd Manaf Alternate: Dato’ Brian Jit Singh RHB Bank Berhad: Pn. Wan Mariah Abu Hassan Alternate: Mr. Chandran Selvarajah CIMB Bank Berhad: Mr. Animesh Mukherjee Alternate: Mr. Tay Shik Heng Affin Bank Berhad: En. Mohd Syukri Ahmad Sudari Alternate: En. Abdulalim Zakaria Hong Leong Bank Berhad: Ms. Fiona Fong Ai-Ling Alternate: Mr. Kavin Lim
Selection of President, Secretary and Treasurer In the EXCO, members choose one of their own to be the President, Secretary, and Treasurer. Then, the appointed President, Secretary, and Treasurer select one of their nominees to fulfill the duties outlined in the Trade Union Regulation of 1959. THE EXECUTIVE COMMITTEE SELECTION Selection of EXCO members The exco consist of six members who are elected bi-annually by the members of the Association during the Annual General Meeting. Meetings The EXCO meets regularly to discuss and make decisions about individual members and industry matters. Special EXCO and General Meetings of members can be called at any time to address general or urgent matters as needed.
Executive Director 1 Admin Clerk 4 TOTAL NUMBER OF EMPLOYEES This employees are in charge of handling the daily operations and administrative tasks of the MCBA Secretariat. They focus on providing advisory services related to industrial relations and assisting the Executive Director in managing interactions with trade unions.
MCBA ANNUAL GENERAL MEETING (AGM) Latest Annual General Meeting: 61st Annual General Meeting on 15th August 2023 at Mandarin Oriental Kuala Lumpur. 58th Annual General Meeting : 25th August 2020 at InterContinental Hotel, Kuala Lumpur. 55th Annual General Meeting : 8 August 2017 at Double Tree By Hilton Hotel Kuala Lumpur.
Malayan Commercial Banks’ Association SERVICES MCBA regulates relations between eligible member banks and their employees, as well as amongst member banks, between banks and their employees, and among employees themselves. The MCBA aims to foster cooperation among member banks to tackle issues related to trade unions/employees, industrial actions, trade disputes, and other matters that affect their common interest. Collective Bargaining & Legal Support The MCBA represents member banks in collective bargaining, trade disputes, and provides financial support in legal proceedings arising from trade disputes. Representation & Relations Support & Cooperation Encouraging the payment of fair wages, establishing standard practices, and advising on contract forms between member banks and their employees. Promotion & Protection MCBA offers learning courses and networking for bank employees and HR professionals. They also share information on labor matters and court decisions on their website. Learning & Development
16 No member shall disregard any instructions or directives issued in accordance with these Rules by the Executive Committee or the Association during a general meeting. Members are required to obey the current rules - All members are obligated, under the risk of expulsion from Association membership, RULES FOR MEMBERS IN MCBA Each member shall annually submit certain information to the Secretary, as directed by the Executive Committee.
RECOGNITION OF MCBA Once a collective agreement is signed, it becomes a legally binding commitment for everyonee—both members and nonmembers The MCBA has officially acknowledged and accepted the presence of the union or association. The recognition is not just a formality; it establishes a legal framework to protects the rights and obligations of everyone involved. Workers that work in the Banking Industry: Represented by National Union of Employee (NUBE) Office Officer: Represented by Association of Bank Officers Peninsular Malaysia (ABOM)
COLLECTIVE BARGAINING MCBA will be representing all the member banks from the banking industry in Peninsular Malaysia, the Sabah Commercial Banks’ Association, and the Sarawak Commercial Banks’ Association. COLLECTIVE BARGAINING IN MCBA MCBA will cooperate with 2 national unions namely ABOM (Association of Bank Officers Peninsular Malaysia) and NUBE (National Union of Bank Employees, Malaysia) during collective bargaining. MCBA will conduct the collective bargaining every 3 years following the terms and conditions. Salary Medical Benefits Employee Leave THE CONTENT THAT INVOLVES IN COLLECTIVE BARGAINING
MCBA has achieved the collective agreement with Association of Bank Officers Peninsular Malaysia (ABOM) - 14th Collective Agreement for period 2021-2023 National Union Bank Employees (NUBE) - 19th Collective Agreement for period 2021-2023 The MCBA collective willingly endorsed the agreement, recognizing its substantial advantages for 20 bank members. Paramount among the agreed-upon provisions is the crucial salary adjustment. Furthermore, the agreement extends additional benefits to employees, encompassing medical coverage, loan privileges, and enhancements to working conditions. COLLECTIVE AGREEMENT MCBA & NUBE MCBA & ABOM
AGREEMENT BETWEEN MCBA & ABOM
CONTENTS OF THE COLLECTIVE AGREEMENT
COLLECTIVE AGREEMENT EMPLOYER FORM
Article 5: Settlement of Disputes Standing Committee 1. Implementation / Interpretation of Agreement DISPUTE RESOLUTION Up to 4 representatives from member Banks of the Association. 1 representative from the Association. 5 members or 4 members and 1 representative from the Union. Deals with all questions and disputes related to the implementation or interpretation of the Agreement. If a question or dispute arises, the Standing Committee attempts to resolve it through discussion and consensus. If the Standing Committee cannot reach a resolution, the dispute is referred to the Industrial Court for a decision.
2. Grievance Procedure DISPUTE RESOLUTION The procedure to be followed in processing any complaint or grievance concerning an individual officer shall be as follows: Complaint / Grievance at Office Level Settlement of Dispute at Office Level Settlement of Dispute at Head Office Level Settlement of Dispute at MCBA / ABOM Standing Committee Level Settlement of Dispute at Government Level 3. Rights of Parties Pending Settlement of Dispute Compliance of an officer with the instructions of the bank. If the officer complies with an instruction that is the subject matter of a complaint or grievance, the officer will be deemed to have done so under protest until the dispute is settled.
ARTICLE 5: SETTLEMENT OF DISPUTES
ARTICLE 9: OFFICE COMMITTEE
GRIEVANCE INFORMATION FORM
The law states that workers can only picket againsttheir employer at work. "Trade Dispute" refers to disputes between employers and employees related to employment or employment conditions. DISPUTE ACTION STRIKES & PICKETS PICKET CONDITIONS Pickets should be carried out without the intention of scaring people. The number of picket participants should not prevent entry and exit from the office. Only workers involved in the dispute may participate, but a union official or worker may be present to ensure the picketing is lawful. Only union workers can go on strike or picket. Pickets can be held outside office hours, such as meal times or before/after work hours. If a strike is announced, picketing can take place throughout the day by striking workers. INDUSTRIAL RELATIONS ACT
DISPUTE ACTION "Picket Daulat 6413" "Picket Daulat 6413" is the only mass picket action held by NUBE on Saturday, 6 April 2013, at the Maybank Tower area in Jalan Tun Perak from 2.00 pm to 3.00 pm. The picket participants then moved to the CIMB Bank area, Menara UAB, Jalan Tun Perak to continue the picket from 3.00 pm to 4.30 pm. Approximately 3,000 NUBE members participated in protests and pickets, carrying placards and banners as a form of voicing their dissatisfaction with the current situation. Video Link
Thank you for reading.