The video is about National Union of Hotel, Bar and Restaurant Workers (NUHBRW) in Malaysia who fight for their right to get recognition from Club Med for 12 years.  Even though they have brought this matter to the Minister of Labour but Club Med still refuse to give recognition and bring this matter to the Court of Appeal.  With the help from IUF in Geneva, Club Med agrees to give recognition.  However, they still have a dispute where both of the Club Med and union did not agree on the most term that being mention in the collective agreement especially on the term of service charge.  Hotel manager or employer believe that secret ballot is the best way to form a union and to get recognition.  But based on what Mr John says, this method only dragging the process of getting the recognition and during that time period of waiting, most of the employee might resign.  Once the employee resigns, the number of members in the union will decrease and this can be the major reason for the Club Med for not giving the recognition because we know that to form a union, there must be more than 50% + 1 employee of the eligible workers in the organization belong to the union. In my opinion, Club Med is intentionally delaying the process of the union recognition.  The Club Med might think that the existence of this union will bring problem to their organization such as tarnishing their image and this union might held a dispute one day.  Unfortunately, Club Med cannot deny the workers right to choose their representative in order to protect their right in the industry or work place as long as the employee using a lawful procedure in forming a union. 

As we can see from the video, employer can challenge against the law if they do not want to give recognition to the union and the cases can be brought not just only at Ministry level but also to Appeal Court. Employer was not simply give recognition even they get orders from the ministry and the high court. An almost hundred thousand the union lost to get recognition and faced a lot procedure. So to build union they need to have adequate money if something like this happened, they can face it easily. Actually, that is trade union right to get recognition after getting approval from the Ministry but Club MED still wants to challenge the decision until this problem brought in IUF-Geneva. Secret ballot also didn’t solve this problem because it takes lots of time until many of the employees was resigning and didn’t be the member of the union. After 12 years, National Union of Hotel, Bar and Restaurant got recognition with the help from the role of the IUF. From that we can see that union’s leader is very effective in solving and tackle the problem in getting the recognition.

In my opinion, General Secretary have requested the hotel to give recognition but Club Med didn't want to give recognition so by the virtue of that the minister of the auditor recognition are unhappy with them. Club Med went to challenge it in the court of law which is they referred to the high court after many years (12 years). but they have still dispute where both of the club Med and union disagreed on the term that being mention in collective agreement. Hotel manager believe that secret ballot is the best way to form a union and to get the recognition from the club. But what are the mention from their employer, that method only can drag the process of getting the recognition and during that time period of pending, most of the employee will resign. when the employee resign the number of members will decrease and it will be the main reason for Med not giving the recognition to them. As we know from the topic recognition, when want to form a union, there's must be more than 50% + 1 employee of the eligible workers in the organization in the union. 

From the video that i have watch, in my opinion the employer refuse to give recognition to the National Union of Hotel, Bar and Restaurant (NUHBRW) as a union. It is really not fair because they do not have a specific reason to refuse the recognition even the employer already receive an order from ministry and high court to give an recognition. Next, Method that the hotels prefer to use the secret ballot. The secret ballot method is very unfavorable method for the trade for hotel union because when we submit the claim for recognition it will take two or three years before they conduct the secret ballot by that time alot of workers would have actually resigned from the hotel and subsequently when they are doing the secret ballot they will do not have enough members working in the hotel to participate in the secret ballot, the ballot will be a method  that we should get the majority of the workforce at the time of the claim for recognition that was two or three years ago  we should have the majority of those who are within the scope the believe we can get this. From there I can conclude that leaders plays an important role to protect employee rights and solve this problem. 

 

First and foremost, this video is about the interview session with John Angelus of the IUF-affiliated National Union of Hotel, Bar and Restaurant Workers (NUHBRW) of Malaysia.  This video is all about the dissatisfaction and unhappy feelings of the IUF union with the Club Med just because of their recognition does not been approved for 12 years. The Club Med bring this issues to the Ministry of Labour in Putrajaya and the ministry confirmed that the Club Med should give the union recognition but the Club Med refuse and challenge the issues to the High Court to more prove. However, when the issues being challenge at High Court they should spent a lot of money about hundred thousand and also times. Due, to consider the money and time that being needed so, the Club Med not pursue this case to the upper levels which is to the Federal Court. Besides, other issues that being arise is the collective agreement the both parties cannot agree about it especially on the service charge. Furthermore, to prevent this kind of issue being arise again at hotel and bars in Malaysia the Club Med should conduct the secret ballot method even though this method is unfavourable method because it takes too long times which is 2 and 3 years to settle. For this durations, may occur the workforce of the hotel being resigned, so this method should been done with the majority of members within the scope to do the secret ballot. To sum up, in my opinion every employees have their own rights to be protected. 

From my perspective, I think that the employer of the hotels which is Club Med are being irrelevant to the trade union because he refused to give the union a recognition and the case has been pending for 12 years. From the interview statement, we have known that the union have fulfill the requirement needed to get a recognition. 

The trade union already have enough majority to be recognized and even the Minister of Human Resources also have accord the recognition to the union. But the employer is still refuse to accept the recognition and have further the case to the High Court, and Court of Appeal. And it really burdened the union because they have waste so much time and their money just to fight for the recognition. And the employer agreed to do a secret ballot only after 3 years which at that time being the secret ballot method became really unfavorable to the union. 

Because there were some of the union members that already resigned from the hotels. So the union were no longer have enough majority to support them in the secret ballot. As a conclusion, I think that the trade union should no longer fight for the recognition because the employer would do anything to refuse them. 

NAME : FARAH IDAYU BINTI RAHMAT ( 2016706519 ) 

In my opinion, Club Med (Employer) is totally terrible and selfish because even the Minister of Human Resource, High Court and Court of Appear accord recognition to the union, the employer still does not want to accord recognition to the union. Its not fair toward the union because union already fulfil requirement needed to get recognition. Furthermore, it cause union a lot of money and time loss due to union have to fight at court to get their right …. And even the employer agree to  give a choice to the union to make a secret ballot, this secret ballot happen after 3 years. Its not fair to the union because the member of the union has been quit and resign. So, the union cannot have majority to get a recognition. What I can conclude here is, the leader play a major role in protecting their member’s right and I suggest that the union can quit from fighting to get recognition because I think the employer will never give recognition to the union. 

The hotel union did not prefer to use secret ballot because it will take longer time before they send claim for recognition. They will not have enough trade union members to participate in the secret ballot because it takes too much time to get their rights by that time many employees already resigned.  The hotel union seek the assistance from IUF in Geneva to explain to headquarters in Paris because they believe the headquarters had signed an agreement of forming a union or to protect employees in Malaysia.  The hotel union told the IUF that the club med did not honoring employees right and that is why they want to form a hotel union.  Even though they have disputes in collective agreement, but it can be negotiated so that the hotel union can protect the employees right. 

In this matter, I think that the club med supposed to give the recognition because the union is the way to be on the behalf of the employees for their rights at the workplace.  The hotel union is being supported by the Ministry of Labour that they are the right union to represent the employees at their company and the club med should give the recognition to the hotel union because the hotel union did not perform any lawful activities, declaring pickets or lock outs of fail to comply with law during the recognition and that is why the club med did not have any other reason for not giving recognition to the hotel union.

of view, even though they have the right to refuse to give recognition, the employer should not be

challenging up to the court of appeal because the Minister of Labour, High Court itself prove that the union was right, they confirm and upheld the decision to a call recognition.  However, the employer still insist to give recognition which lead to time and money lost from the union itself.Because of the Med Club refusal, NUHBRW had to bring the case to the IUF and luckily, they 

agreed to not pursue the matter in federal court.  From what I see, the Club Med is intentionally did not want to give recognition to the NUHBRW while actually they should give the recognition to the union because they are the one who will protect their employee’s right.

 

Apart from that, maybe club med feel insecure and afraid if their employee could do anything bad to their company for example strike. As I learn from IR course, anything would come with procedure and it is not easy for us employee to strike any issue and it is must come with certain of condition. Hence, giving them a recognition is not such a big deal. As employee even as human being we have right to feel protected.

John Angelus, general secretary for the union said that they had been inform that they got majority but still they had to wait for twelve years in order to get the recognition.  From the interview, I think that the hotel as the employer refuse to give the cognition to the union even though the union has approval from the Ministry of Labour in Putrajaya.

Angelus said that they had been approved because they followed every rules and act. However, the employer still refuse to give them the recognition and this be the cause for the employer to challenge the union in the appeal court.

The High Court, Court of Appeal, and the Minister also upheld the decision that the union was right but still the employer refuse to give the recognition. The union told that they spent more time and more money lost in the process. 

Until they had been informed from the Paris office that they had been given the recognition. This process is quite long for them to get their rights. Angelus also said that they used the method of secret ballot which during the process they get no new hotel to work. The union is supposed to improve their working condition and protect the right of their members.

In my opinion, the employer of Club Med should not refuses to give recognition to the union as long as the activities and also term and condition do not contrary with the law. 

Other my opinion, every employees have a right to form union and represented what the issue that their not satisfied with the term and condition. So the employer cannot refuse to give recognition to the union without having any specific reasons. 

 

This problem occurs as management of Club Med Hotel delaying their recognition of the trade union and this issue has been in and out of court proceeding for more than 12 years. According to the interview on the video which titled ‘Club Med and trade union rights in Malaysia’, the representative of the IUF stated that they have follow the terms and regulation process in claiming the recognition of the trade union from the management of Club Med Hotel and it has been approved by Minister of Human Resource as the trade union gain majority votes 50% + 1 employee of the eligible workers in the organization belong to the union and should be recognize.

 

The unhappy management of Club Med Hotel then challenged the issue to The High Court knowing that the result would still sided to the trade union recognition and still they intended to bring this issue to The Court of Appeal and the result were the same, they done in just to prolong the duration for the trade union to gain recognition. This has caused the trade union to spend a dime in order to uphold their right to gain recognition and for me this is a strategy from the management to protest for the result of the vote as there are pro’s and con’s in gaining recognition of a trade union as it also involve the management.

 

The next issues is after 3 years of the recognition of the trade union, the employer agreed to do a secret ballot for collective agreement from trade union and it was unfavorable to them as many of the union employee in the organization start to resign and it give them disadvantage as majority of the union employee are not there to support the secret ballot vote.

 

To conclude the video analysis is that the trade union should not continue to pursue the right for the employee if there are no critical issue that being forwarded to them. Aside from that, trade union need to carefully approached the organization management so that both side should be able to gain benefit from the issues arise, only then the collective agreement made can successfully agreed from both side. 

 

About the issue for secret ballot, I believe that secret ballot have many advantages. However, as in few cases, when the case has been pending for a very long time without coming to the decision, it will be a discomfort to the employees as they are feeling demotivated and could not wait for the secret ballot to be held because the employees resigned. This will give effect as the decision must be comes from majority of the trade union members. As a result, the numbers will be reduced and might not reach the majority. 

First of all the video is an interview session with John Angelus, the General Secretary of National Union of Hotel, Bar and Restaurant Workers (NUHBRW). He stated his unhappy feelings towards their employer of the hotel which is the Club Med. This is because the employer being irrelevant to the union when he refused to give them a recognition and the case has been pending for 12 years. Ministry of Labour in Putrajaya confirmed that the union have a majority and requested the hotel to give the recognition. However, Club Med are dissatisfied with this decision and challenged the decision to the court of appeal. When this case brings up to the case of appeal, union need to spend more time and cost. Mr. John told that they had spent around 100,000 dollars in this case. With the help of IUF in Geneva, finally Club Med agreed to give the recognition. 

Besides that, Mr. John had mentioned that the hotel conduct the secret ballot two or three year after the claim is made. But by time, a lot of workers had already resigned and during that time, union don’t have enough members to participate in the ballot. From what I can see, I think that Club Med intentionally conduct the secret ballot at that time because the union don’t have enough members. Thus is give negative impact to the union. Besides that, from what I have learn, both employee and employer have the right to perform their own union. Club Med should not refuses to give recognition to the union as long as the activities and also term and condition do not contrary with the law. The employer should consider about their employee’s right. Employee work in the organization and they also contribute in achieving the organization’s objective and goals. So, the employer should create a good relationship with the employee so that the work environment is in perfect condition.