STAR PUBLICATIONS (M) BERHAD
NATIONAL UNION OF JOURNALISTS MALAYSIA AGREEMENT OF 2001
(continued)
CLAUSE 40 - EMPLOYEES’ GRIEVANCES
(i) An employee who is aggrieved by any action of the Company may complain orally or in writing to his immediate superior stating the nature of his grievance and seeking redress.
(ii) If after the employee has complained under sub-clause (i) of this Clause and the employee’s immediate superior fails within 4 days either to act upon such complaint or to provide a remedy to the satisfaction of the employee, the employee may appeal to his Head of department, or in the event that he complained under sub-clause (i) of this Clause to his Head of department; he may request his Head of department to reconsider his complaint, and in either case he may, where his appeal or request is oral, be accompanied by a member of the Union Committee or by a member of the Union, being an employee, nominated by the Union.
(iii) If after the employee has appealed or requested reconsideration under sub-clause (ii) of this Clause, the employee’s Head of department fails within 4 days either to act upon such appeal or request or to provide a remedy to the satisfaction of the employee, the employee may appeal to any officer of the Company appointed by the Managing Director to consider grievances and he may, where his appeal is oral, be accompanied by a member of the Union Committee or by a member of the Union, being an employee, nominated by the Union.
(iv) If after the employee has appealed under sub-clause (iii) of this Clause, the officer of the Company fails within 4 days either to act upon such appeal or to provide a remedy to the satisfaction of the employee, the employee may invoke the assistance of the Union and the Union may then represent the employee’s complaint to the Company under Clause 41.
(v) At any proceedings in which the Union represents the employee’s complaint under sub-clause (iv) of this Clause, the Company or the Union may require the employee to be present in person.
(vi) Any grievance of an employee shall not be considered after one month has elapsed from the date:
(a) on which it arose, should no action have been taken by the employee to complain under sub-clause (i) of this Clause; or
(b) on which the employee complained under sub-clause (i) of this Clause should no action have been taken by the Union to proceed under sub-clause (iv) of this Clause.
(vii) The parties hereto agree that an employee’s grievance should be settled at the lowest level appropriate to that grievance in the interest of industrial efficiency and industrial peace.
(viii) Without prejudice to the provisions of this Clause, the Company agrees to allow an employee who is aggrieved by any action of the Company (including any action by another employee), the discretion in choosing the person to whom he may complain.
CLAUSE 41 - JOINT CONSULTATIVE COMMITTEE
(i) There shall be a Joint Consultative Committee composed, at any meeting thereof, of not more than five (5) representatives of the Company appointed for that meeting by the Company and not more than five (5) representatives of the Union appointed for that meeting by the Union.
(ii) The functions of the Joint Consultative Committee shall be:
(a) to consider matters of common concern to the parties hereto, including the operation of this Agreement, the terms and conditions of employment of employees, complaints by employees against the Company and complaints by the parties hereto against each other and to consider suggestions by the parties hereto and by employees; and
(b) to attempt to reach agreement between the parties on the said matter.
(iii) Either party may request a meeting of the Joint Consultative Committee by giving to the other not less than seven (7) clear days notice thereof in writing or such shorter notice as may be agreed between the parties and a meeting shall be held accordingly.
(iv) No matter shall be discussed at a meeting of the Joint Consultative Committee unless the party wishing to raise the matter has given to the other not less than two (2) clear days notice in writing thereof or such shorter notice as may be agreed between the parties.
(v) Any agreement reached on a matter between the parties hereto shall not be invalid merely by reason that such agreement was reached outside the operation of this Clause.
CLAUSE 42 - SETTLEMENT OF DISPUTE AND REFEREE
(i) Any dispute including a trade dispute as defined in the Industrial Relations Act, 1967 or other law for the time being in force between the Company and the Union or persons bound by this Agreement while it is in force, whether or not arising out of the operation hereof, shall be discussed by the parties hereto under Clause 41 hereof, at a meeting of the Joint Consultative Committee with a view to reaching a settlement of such dispute before either party takes any other action whatsoever.
(ii) In the event of the parties being unable to reach a settlement of any dispute under sub-clause (i) of this Clause, the dispute shall be referred to the Director General for Industrial Relations or other public officer appointed to conciliate in industrial disputes, for the purpose of effecting a settlement of the dispute by conciliation before either party takes any action whatsoever other than a resumption of discussions under sub-clause (i) of this Clause.
(iii) In the event of the parties being unable to reach a settlement of any dispute under sub-clauses (i) and (ii) of this Clause arising out of the operation hereof, the dispute shall, if the parties agree, be referred to a referee chosen by the parties or, if the parties are unable to agree on a choice, by the Director General for Industrial Relations.
(iv) In the event of the parties being unable to reach a settlement of any dispute under sub-clauses (i), (ii) and (iii) of this Clause, the dispute shall be reported to the Minister of Human Resources by the parties hereto under Section 18 (1) of the Industrial Relations Act, 1967.
(v) Neither party to this Agreement shall resort to industrial action such as strike and lockout in connection with any dispute arising out of the operation hereof, unless in accordance with the Law in force.
CLAUSE 43 - FULL SETTLEMENT
(i) This Agreement shall be a full settlement of the claims made by the Union, and of the matters within the scope hereof and while this Agreement is in force, neither party shall make any claim on the other on any matter within the scope of the claims made by the Union or seek to change this Agreement in any manner whatsoever:
(a) During the period of this Agreement, neither the Company nor the Union shall seek to vary any of its terms nor shall any demands or claims be made on new terms and conditions of employment save by mutual agreement, by operation of law or as provided herein and provided that such variation shall take effect and be binding on the parties only after being given cognizance by the Industrial Court;
(b) Any variation to the terms of this Agreement shall be jointly deposited by both parties with the Industrial Court for its cognizance within one month from the date of agreement of the said variation. After the Court has given cognizance, such variation shall be binding on the parties from such date and for such period as may be specified in the variation agreement provided that such period shall not commence earlier than the effective date of this Agreement.
(ii) In the event that the Company, by any Act of Parliament, Enactment, Regulation or otherwise, is compelled after the date of the execution hereof:
(a) to provide for or pay to any class of employees any benefit of a nature within the scope hereof or under a social security scheme, which benefit the Company is not so compelled on the date of execution hereof to provide or pay; or
(b) to increase any benefit of a nature within the scope hereof or under a social security scheme, which benefit the Company is so compelled on the date of the execution hereof to provide or pay;
either party may claim on the other to revise such part hereof as may be related to such benefit.
CLAUSE 44 - VIDEO DISPLAY TERMINAL
(i) Employees using Video Display Terminals to perform and/or edit journalists’ materials, whether linked to computers or not, are required to go for eye examinations by an ophthalmologist at regular intervals of twelve (12) months or at such intervals as and when problems develop. The cost of such eye examinations shall be borne by the Company.
(ii) In the event that, after the eye examination, an employee is recommended to wear spectacles for the first time, the Company shall pay the cost of such spectacles, subject to a maximum of RM200.00. If an employee is already bespectacled and is recommended to change his lenses, the Company shall pay the cost of such lenses, subject to a maximum of RM120.00.
Spectacles/lenses (whichever is applicable) shall be obtained from a qualified/registered Optician appointed by the Company.
CLAUSE 45 - OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
An Occupational Safety and Health Committee shall be established comprising 3 representatives from the Branch Union and 3 representatives from the Company.
CLAUSE 46 - PROTECTIVE WEAR
Journalists and photographers, inclusive of cadets, who are required to undergo hazardous duties shall be provided with, at the Company’s expense, reasonable Personal Protective Equipment, as deemed fit by the Company, in line with the hazards of the said duties and shall use these at all times when engaged in such work.
These protective wear shall be replaced due to fair wear and tear.
CLAUSE 47 - CODE OF CONDUCT FOR INDUSTRIAL HARMONY & CODE OF PRACTICE ON THE PREVENTION & ERADICATION OF SEXUAL HARASSMENT IN THE WORKPLACE
The Company and the Union shall adhere to the Code of Conduct for Industrial Harmony and the Code of Practice on the Prevention and Eradication of Sexual Harassment in the work place.
CLAUSE 48 - TRANSITIONAL PROVISIONS
(i) “Salaries” refer to the monthly salaries in force immediately before 1st February 2004, or in the case of employees appointed after the said date, on the date of their appointment and excludes allowances of any nature, overtime or other payments.
(ii) The conversion in salaries for all employees shall be on a point-to-point basis from the previous salary scales to the new salary scales as at 1st February 2004.
(iii) An employee, whose basic monthly salary as at 31 January 2001, is paid on a personal-to-holder basis, shall, with effect from 1 February 2004, have his salary increased by:
(a) RM335 per month, if he is employed as Journalist Superscale.
(b) RM310 per month, if he is employed as Photographer Superscale.
(c) RM310 per month, if he is employed as Editorial Artist Superscale.
and thereafter be on a personal-to-holder basis.
(iv) With reference to Clause 15(ii)(c), Clause 25 (iv), Clause 36, Clause 44(ii), it is agreed that the provisions of these clauses would be effective from the date of signing of the Agreement.
(v) It is agreed that employees who ceased employment with the Company (other than those who were retired and medically boarded out) on or before the date of the signing of this Collective Agreement shall not be entitled to any benefits including salary as contained in this Agreement.
(vi) The Company shall pay an employee as arrears his monthly basic salary, extra shift, night allowance, staff correspondent’s allowance, racing correspondent’s allowance, payments for work on newspaper and magazine supplements, transport allowance and subsistence allowance as follows:
(a) Arrears of monthly basic salary, extra shift and night allowance - by 30 September 2005
(b) Arrears of subsistence allowance and travel rate - by 31 January 2006
(c) All other arrears - by 31 October 2005
CLAUSE 49 - INTERPRETATION / IMPLEMENTATION
Any dispute relating to the interpretation or implementation of this Agreement shall, unless settled by negotiation between the Company and the Union, be referred to the Industrial Court in accordance with the provisions of the Industrial Relations Act, 1967, for a decision.
IN WITNESS WHEREOF the parties hereunto set their hands the day and year first above written:
Signed for and on behalf of
STAR PUBLICATIONS
(MALAYSIA) BERHAD
DATUK STEVEN TAN
Group Managing Director/ CEO
S.M. RAJAH
Senior Manager
Human Resources & Administration
Signed for and on behalf of
NATIONAL UNION OF JOURNALISTS MALAYSIA
NORILA DAUD
President
HONG BOON HOW
General Secretary
Wong Li Za
Chairperson, NUJ-Star Branch
S.S. Yoga
Secretary, NUJ-Star Branch
AMPLIFICATION AND EXPLANATION OF THE STAR PUBLICATIONS (MALAYSIA) BERHAD - NATIONAL UNION OF JOURNALISTS MALAYSIA AGREEMENT OF 2001 (CONTAINED IN AN EXCHANGE OF LETTER BETWEEN THE COMPANY AND THE UNION)
REFERENCES to this letter are to Clauses and sub-clauses of the Agreement and the words used in this letter have the same meaning as in the Agreement. It is understood that if any conflict should arise between the terms of the Agreement and the terms of this letter, the terms of the Agreement shall prevail except that benefits mentioned in this letter as conferred on employees and on which the Agreement is silent shall be additional to the benefits provided for in the Agreement.
(i) It is agreed that when an employee who has concluded a normal period of duty and has left the Company’s premises, is requested or required to return to work, he shall be paid a call-back allowance for a full shift as per the rates specified in sub-clause 18 (iii) (a) - (g).
(ii) It is required that the provision of sub-clause 15 (ii) (a) will not be applicable if an employee in a lower grade is requested or required by the Company to carry out the normal duties of another employee in a higher grade.
(iii) With reference to Clause 21, it is agreed that staff correspondents shall be paid for work done on Public Holidays. The rates shall be as per sub-clauses 18 (iii)(a) - (g) and 18 (iv).
(iv) With reference to Clause 21, any employee, other than staff correspondent, who is transferred from Peninsular Malaysia to Sabah / Sarawak, shall be paid a Sabah / Sarawak allowance of RM650.00 per month.
(v) With reference to sub-clause 25 (iv), it is agreed that such leave may be extended to the official guardian of an employee provided that the employee produces documentary evidence of the guardianship acceptable to the Company within a reasonable period of time.
(vi) With reference to sub-clause 31(i)(c), it is agreed that the Company shall reimburse an employee reasonable hotel meal expenses incurred should he be required to take his meal(s) at the hotel under circumstances where no other choice is available while on Company’s business. This is subject to the production of hotel bills and the claims being verified and approved by the Company.
(vii) With reference to sub-clause 37 (i) (a), it is agreed between the Company and the Union that in the case of the Company suffering losses to a point when it becomes financially imprudent to meet its obligation, the Company shall review the quantum and mode of annual bonus to be paid after discussion with the Union. Discussion on this matter shall always be based on the Audited Statement of Accounts.
(viii) With reference to Clause 45, it is agreed herewith that:- (a) any additional member to the above committee shall be co-opted from time to time as deemed fit. (b) the Occupational Safety and Health Committee shall meet regularly and its duties shall include: monitoring all aspects of health and safety and new technology at work place, investigating industrial accidents or complaints from employees regarding health and safety, preparing the necessary reports and recommendations for the consideration of the Managing Director.
(ix) The following shall be extended as a matter of policy for eligible employees. The same shall be subject to review by the Company should the need arise.
(a) Handphone subsidy.
(b) Voice recorder subsidy.
(c) Book allowance.
(d) 75% outpatient medical treatment subsidy for spouse and children.
(e) Maternity subsidy charges.
(f) Passport subsidy.
(f) Additional monthly transport allowance for Metro Desk reporters, who are based in Klang Valley and use public transport to travel on the Company’s business..
Signed for and on behalf of Star Publications (M) Berhad S.M. RAJAH, Senior Manager Human Resources & Administration
Signed for and on behalf of National Union of Journalists Malaysia HONG BOON HOW, General Secretary
