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Rule 1 : Name
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1.1
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The Federation shall be known as Persekutuan Majikan-Majikan
Malaysia or the Malaysian Employers Federation or by its acronym
"MEF".
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1.2
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MEF Emblem
The emblem of the Federation shall consist of the letters
MEF in white on a blue background as illustrated below:
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Rule 2 : Vision
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2.1
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To be the premier employers’ representative at national,
regional and international levels and to be the leader in the
development of human resources and the promotion of good
employment practices and harmonious industrial relations with a
view to achieving national objectives.
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Rule 3 : Mission
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3.1
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To promote the development of excellence in human resource
management to enable employers meet current and future business
challenges.
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To promote productivity through inter alia harmonious
employer/employee relationship.
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To promote and represent the interests of employers at
national, regional and international fora.
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To promote and represent the business interests of employers
at national, regional and international fora.
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Rule 4 : Objects
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4.1
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The Federation achieves its vision and mission through the
following core activities and objects:-
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representation of members at conciliation and mediation
proceedings and at proceedings before the Labour and Industrial
Courts.
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provision of advisory/consultancy services, at all levels.
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provision of professional training and related activities
through the establishment of an MEF Academy.
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research and development of best practices in all relevant
fields.
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advocacy and representation of employers’ interests and
business needs at national, regional and international fora.
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4.2
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The objects of the Federation shall be:-
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(a)
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to secure the complete organisation in the Federation of all
Employers.
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(b)
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to promote, protect and defend the interests of Employers.
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(c)
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to promote harmonious relations between Employers and
employees.
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(d)
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to encourage the payment of equitable rates of remuneration
and the observance by Employers of fair conditions of
employment.
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(e)
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to promote the development and implementation of sound legal
framework for the prevention and settlement of employer-employee
and/or individual dispute through inter alia:-
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(i)
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proactive direct involvement in developing legal framework
to meet the present and future human resource needs of the
nation; and
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(ii)
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collecting, collating and researching data on
employer/member experiences on the implementation of existing
labour laws and practices and legislative development and
keeping members informed thereof.
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(f)
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to advise Members on labour matters and to assist them in
the settlement of labour disputes and on matters connected with
collective bargaining and to represent them at Labour and
Industrial Court proceedings.
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(g)
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to facilitate, promote and to provide a forum for regular
consultation between Members on matters of common interest.
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(h)
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to promote among Members the adoption of sound principles
and best practices of Human Resource management and industrial
relations.
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(i)
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to encourage Employers with similar interests to form
Employer Organisations.
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(j)
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to be the organisation most representative of Employers in
Malaysia on all matters coming within the scope of the
International Labour Organisation.
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(k)
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to compile and circulate such statistical and other data as
may be necessary or desirable for the study of remuneration and
conditions of employment and other matters affecting Human
Resource management.
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(l)
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upon the request of any Member, to make available to the
Member with or without payment of any fees in accordance with a
scale fixed from time to time by the Council, the services of
the Federation or any person employed or engaged by the
Federation for advice, guidance or assistance on any industrial
or other dispute or any matter affecting directly or indirectly
such a Member.
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(m)
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to co-operate with any organisation of Employers, national,
regional or international, whose objects are similar to those of
the Federation.
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(n)
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to ensure the provision of such training facilities as will
develop the skills of Employers at all levels in the effective
management of human resources.
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(o)
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to print and publish newspapers, periodicals and pamphlets
or through electronic media for the spreading of information
with respect to matters having relation to the objects of the
Federation.
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(p)
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to establish and maintain a consulting library and
electronic data base for the use of Members.
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(q)
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to borrow or raise, or secure the payment of money in such
manner as the Federation shall think fit upon such terms or
conditions as shall be deemed expedient.
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(r)
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to invest funds or monies of the Federation not immediately
required in such securities and in such manner as may from time
to time be determined by it.
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(s)
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to raise funds by means of subscriptions or levies on
Members and/or from other activities to promote the Vision,
Mission, core activities and objects of the Federation in such
amounts and in such manner as may be decided by the Council from
time to time and to accept, undertake or execute any trust, or
gift which may be deemed to be in accordance with or which may
further or benefit the objects of the Federation.
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(t)
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to purchase, take on lease or license or hire or otherwise
acquire immovable property of any kind and to construct,
maintain or alter any building in furtherance of the objects of
the Federation.
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(u)
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generally, to do all such other lawful acts as are
incidental and conducive to the attainment of any or all of the
above objects.
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Rule 5 : Interpretation
Clause
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5.1
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In these Constitutional Rules, unless the context requires
otherwise:-
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(a)
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“the Federation” shall mean the Persekutuan Majikan-Majikan
Malaysia, the Malaysian Employers Federation and by its acronym
“MEF”.
(w.e.f. 9 January 2017)
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(b)
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“the Council” shall mean the Management Council of the
Federation.
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(c)
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“Employer” shall mean any business or other organisation
registered under the laws of Malaysia including but not limited
to a sole proprietorship, partnership, company, corporation,
club or association in Malaysia employing one or more persons.
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(d)
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“Member” shall mean any Employer or Employers’ Organisation
duly admitted to membership of the Federation under these
Constitutional Rules.
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(e)
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“Employers Organisation” shall mean any organisation of
employers registered under any legislation in Malaysia.
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(f)
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“Subsidiary” and “Holding” shall have the same meaning as in
the Companies Act 1965.
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(g)
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“Industrial Relations Services” shall mean the following:-
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1)
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advice or opinion from the Secretariat on human resource
practices and the application of labour legislation.
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2)
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representation at conciliation proceedings and proceeding
before the Industrial Court and the Labour Court and advice and
assistance in the settlement of trade disputes and matters
connected therewith.
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3)
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advice generally on trade disputes including union
recognition and claims preparatory to collective bargaining.
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(h)
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“the Chief Executive” shall mean the person or persons,
howsoever designated, to be appointed in that capacity under
Rule 22.2 and shall include any person or
persons acting in that capacity.
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(i)
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“Nominee” shall mean the person whose name has been
registered with the Federation under
Rule 8 as the representative of any Member.
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(j)
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“Employer Group” shall mean any one of the sections into
which Ordinary Members have been or may be grouped under the
provisions of
Rule 9.
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(k)
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“Register” shall mean the Register of Members as provided
for by
Rule 10.
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(l)
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“in writing” shall mean written, printed, typed,
lithographed, visibly expressed or retrieved in all or any of
these modes of representing or reproducing words in the English
language including but not limited to the electronic media.
(w.e.f. 9 January 2017)
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(m)
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words importing the singular number shall include the plural
and vice versa.
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(n)
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words importing the masculine gender shall include the
feminine gender and vice versa.
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(o)
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“the Academy” shall mean the “MEF Academy Sdn Bhd”.
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<Back to Contents>
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Rule 6 : Registered Office
and Place of Meeting
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6.1
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The Registered Office of the Federation shall be at
3A06-3A07, Block A, Pusat Dagangan Phileo Damansara II, No.15,
Jalan 16/11, Off Jalan Damansara, 46350 Petaling Jaya, Selangor
Darul Ehsan, Malaysia or at such other place as may be
determined by the Council from time to time.
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6.2
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The place of meeting of the Federation shall be at the
Registered Office or at such other place as may be determined by
the Council from time to time.
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Rule 7 : Membership
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7.1
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Members of the Federation are as follows:-
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(a)
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Ordinary Members
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Any individual Employer shall be eligible for admission as
an Ordinary Member.
Provided that a holding company
with two or more subsidiaries with a centralised human resource
and industrial relations function may opt for group membership
in respect of all such subsidiaries and holding company and for
the purpose of membership the whole group will be treated as one
Ordinary Member.
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(b)
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Association Members
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Any duly registered Employer’s Organisation shall be
eligible for admission as an Association Member.
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(i)
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Founder Association Members – FM-1
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Members in this category are registered Founder Employers
Organisations who require the full range of services provided by
the Federation. The members of the Association Member in this
category are eligible for the full range of services provided by
the Federation and the benefits, privileges and obligations of
Ordinary Members.
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(ii)
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Founder Association Members – FM-2
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Members in this category are registered founder Employers
Organisations in Peninsular Malaysia and registered, founder
central Employers Organisations in Sabah and Sarawak.
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(iii)
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Association Members – AM-1
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Membership in this category shall be open to all registered
Employers’ Organisations who with effect from the date of coming
into force of these Constitutional Rules, seek membership as
Association Member and who require the full range of services
provided by the Federation. Individual employers who are members
of the Association Member in this category shall be eligible for
the full range of services provided by the Federation and the
benefits, privileges and obligations of Ordinary Members.
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(iv)
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Association Members – AM-2
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Membership in this category shall be open to all registered
Employers’ Organisations in Malaysia who with effect from the
date of coming into force of these Constitutional Rules, seek
membership as Association Member in this new category.
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(v)
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Association Members – AM-3
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Membership in this category shall be open to any registered
Employers’ Organisations who require the full range of services
provided by the Federation but the individual member of the
Employers’ Organisations in this category shall not be eligible
for the services provided by the Federation by virtue of their
membership with the Association Member concerned.
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(vi)
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Association Members – AM-4
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Membership in this category shall be open to all registered
organisations representing employers in the plantation industry
and to all registered organisations representing the small and
medium-sized industries who require the full range of services
provided by the Federation but the individual member in this
category shall not be eligible for the services provided by the
Federation by virtue of their membership with the Association
member concerned.
(Added – 12 February 2008)
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7.2
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Any Employer or Employers Organisation desirous of becoming
a Member shall submit an application in the prescribed
Application Form. Every such application shall be forwarded to
the Chief Executive who shall at the earliest convenient
opportunity submit it to the Council or the Membership Committee
for approval. The Council may, at its discretion, reject any
application without assigning any reason therefore.
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7.3
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Every applicant whose application has been approved as
aforesaid shall upon payment of the prescribed subscription be
admitted as a Member of the Federation and shall be entitled to
all the rights of membership and shall be subject to all the
obligations of membership.
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Rule 8 : Nominees
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8.1
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The Nominee of an Ordinary Member shall be its Chief
Executive or any other person nominated in the prescribed
Nomination Form and approved by the Council.
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8.2
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An Ordinary Member may be represented at the Federation’s
General Meetings only by its Nominee or its duly authorised
representative.
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8.3
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The Nominee of the Association Member elected to the Council
shall be a person holding office as Partner, Director, General
Manager, President, Vice President or such other office of
similar status approved by the Council.
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8.4
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An Association Member may be represented at the Federation’s
General Meetings only by its Nominee or its duly authorised
representative.
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Rule 9 : Employer Groups
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9.1
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Every Ordinary Member of the Federation shall be grouped or
classified for administrative purposes as belonging to one or
more Trade/Industry Groups as may be constituted from time to
time by decision of the Council.
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9.2
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The representative of each Trade/Industry Group elected to
the Industrial Relations Panel as hereinafter referred to in
these Constitutional Rules shall also be the Chairman of such
Trade/Industry Group and he may as and when he considers
necessary, or shall on the directions of the Industrial
Relations Panel, convene a meeting of his Trade/Industry Group
for the purpose of discussing and recommending any matter
relating to the interests of such Trade/Industry Group.
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9.3
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For the purpose of Trade/Industry Group meetings an Ordinary
Member may be represented by an executive engaged in Human
Resource management and industrial relations.
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Rule 10 : The Register
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10.1
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The Chief Executive shall keep at the Registered Office a
book to be called “The Register of Members of the Malaysian
Employers Federation”. The Register shall contain the following
particulars –
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(a)
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the name, address and business of each Member;
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(b)
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category of membership;
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(c)
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the date the Employer or Employers’ Organisation was
inscribed in the Register as a Member and the date on which the
Employer or Employers’ Organisation ceased to be a Member;
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(d)
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the name of the trade/industry group, if any, to which such
Member was assigned;
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(e)
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the name and address of the Ordinary Member’s Nominee
registered under the provision of
Rule 8;
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(f)
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such other particulars as may be required by the Council
from time to time.
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Rule 11 : Official Year
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11.1
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The Official Year of the Federation shall be from 1st
January to 31st December.
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Rule 12 : Entrance Fee
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12.1
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An application for membership shall be accompanied by an
Entrance Fee of RM500.00.
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Rule 13 : Subscription
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13.1
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Ordinary Members shall pay an annual subscription at the
following rates:-
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the first 100 employees at RM10.00 per employee
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the second 100 employees at RM8.00 per employee
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the third 100 employees at RM6.00 per employee
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thereafter, at RM1.00 per employee
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subject to a Minimum of RM1,000.00 and a Maximum of
RM6,000.00.
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Provided that Ordinary Members in Group Membership shall pay
an annual subscription in respect of the total number of
employees in the whole group.
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13.2
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Association Members shall pay an annual subscription as
follows:-
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(a)
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Founder Association Member – FM-1
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A member in this category shall pay the aggregate of 80% of
the scale prescribed in
Rule 13.1 in respect of each of its own direct
members.
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(b)
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Founder Association Member – FM-2
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Founder Association Member in this category shall pay an
annual subscription of RM3,000.00.
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(c)
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Association Members – AM-1
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A member in this category shall pay the aggregate of 80% of
the scale prescribed in
Rule 13.1 in respect of each of its own direct
members.
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(d)
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Association Members – AM-2
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Association Members in this category shall pay an annual
subscription of RM3,000.00.
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(e)
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Association Members – AM-3
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Association Members in this category shall pay an annual
subscription of RM1,000.00.
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(f)
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Association Members – AM-4
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Association Members in this category shall pay an annual
subscription of RM 3,000.00 in accordance with the Bye-Laws.
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13.3
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Subscription shall be paid annually in advance and shall
become due and payable on 1st January each year.
However, in the case of a new member, the Entrance Fee due and
the first year’s subscription shall become due and payable on
the day on which the new member is notified of the approval of
his application for membership. On the first anniversary of
membership, the annual subscription due and payable shall be
pro-rated to 1st January of the succeeding year.
Thereafter, subscription shall fall due and payable on 1st
January of each year.
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Rule 14 : Obligation of
Members
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14.1
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Members shall be bound, under penalty of expulsion from the
Federation, to abide by the Constitutional Rules of the
Federation and the decisions of the Council.
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14.2
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Members shall furnish the Federation with such information
as it may reasonably request.
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14.3
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Members shall report to the Federation particulars of any
matter in respect of which an industrial dispute has arisen and
of every strike and of any agreement or settlement reached.
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14.4
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Members shall submit to the Federation a copy of any
Collective Agreement signed by them with any trade union.
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Rule 15 : Resignation of
Members
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15.1
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Any Member wishing to resign from the Federation shall give
three months’ notice in writing to the Chief Executive of his
intention so to do but such notice shall not relieve the Member
of his liability for any arrears of subscription and other dues
outstanding at the expiration of such notice.
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15.2
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Any Member resigning from the Federation shall on the
expiration of such notice
ipso facto cease to be a member in benefit and shall
have no further interest in the funds and/or property of the
Federation and shall not be entitled to a refund of any
subscription paid or any other payment made by such Member,
whether such subscription or payment thereof relates to a period
of time prior or subsequent to the date of cessation of
membership.
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Rule 16 : Expulsion of
Members
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16.1
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Any matter involving the conduct of any Member which may
warrant his expulsion from the Federation shall be considered by
the Council at a meeting specially convened for that purpose.
Not less than seven days’ prior notice in writing of such
meeting shall be given to the Member concerned by the Chief
Executive. The notice shall set out the matter upon which the
Council’s decision or advice is desired and the Member in
question shall be entitled to be present and to be heard at the
meeting for that purpose (but not thereafter) before any
decision or recommendation of the Council is recorded.
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16.2
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Any Member who has in the opinion of the majority of the
members of the Council present and voting at such meeting acted
in any way contrary to the interests of the Federation or whose
conduct has in such majority opinion of the Council convened as
aforesaid rendered such Member unfit to be a Member may be
expelled from the Federation, and the name of such Member shall
be removed from the Register and such Member shall cease to be a
Member and shall forfeit all interest in the funds and property
of the Federation and thereafter shall be ineligible for
membership without the consent of the Council by majority.
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16.3
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A member so expelled shall not be entitled to any refund of
subscription paid or other payment made by such Member whether
such subscription or other payment or any part thereof relates
to a period of time prior or subsequent to the date of
expulsion.
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16.4
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A Member expelled under the provisions of Rule
16.1 above may appeal against the expulsion to the next
Annual General Meeting and the decision of that General Meeting
shall be final.
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<Back to Contents>
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Rule 17 : Composition of
Council
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17.1
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The Council shall be composed of members as follows:-
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(a)
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12 Council Members elected from amongst the Ordinary Members
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(b)
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1 Council Member from each Founder Association Member – FM-1
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(c)
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1 Council Member from each Founder Association Member – FM-2
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(d)
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1 Council Member from Association Member – AM-1 in
accordance with the Bye-Laws
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(e)
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1 Council Member from Association Member – AM-2 in
accordance with the Bye-Laws
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(f)
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1 Council Member from Association Member – AM-4 in
accordance with the Bye-Laws
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(g)
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Council members invited under Rule 17.2
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(h)
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the Immediate Past President under
Rule 18.6
Deleted (w.e.f. 9 January 2017)
Added (w.e.f. 10 December 2021)
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17.2 |
In addition, the Council may on a proposal by the President and duly seconded, by consensus invite not more than five persons of good standing who the Council considers will contribute to its deliberation and further promote and enhance the Vision, Mission and Objects of the Federation.
The provisions of these Constitutional Rules shall apply mutatis mutandis to the persons so appointed by the Council.
(w.e.f. 18 September 2018)
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17.3
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The Council shall hold office for a period of 2 years from
the close of business of the AGM at which elections are held
until the close of business of the next following AGM at which
elections are held.
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17.4
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All members of the Council shall hold office 'ad
personam'.
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<Back to Contents>
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Rule 18 : Personnel of
Council
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18.1
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The Council shall elect from amongst its members at its
first meeting to be held immediately after the Annual General
Meeting at which elections are held:-
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a President
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four Vice Presidents
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an Honorary Secretary
Deleted (w.e.f. 9 January 2017)
Added (w.e.f. 10 December 2021)
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an Honorary Treasurer
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hereinafter referred to as the Principal Office Bearers who
shall hold office until the conclusion of the next following Annual General Meeting at which elections are held.
Provided that the Council may at any time appoint such Honorary Secretary and where such Honorary Secretary is
so appointed, then any other staff assigned duties as Secretary of the General Meeting and or Council shall act
on his instructions in respect of all functions and duties assigned to the Honorary Secretary under these
Constitutional Rules or assigned by the Council, and the Council may at any time rescind such appointment.
Deleted (w.e.f. 9 January 2017)
Added (w.e.f. 10 December 2021)
Provided further that in the event of the President ceasing to hold that office or be a member of the Council,
the Council shall elect one of the four Vice Presidents as President and one of its members as Vice President
and in the event of any Vice President or the Honorary Treasurer ceasing to hold any such office or be a member
of the Council, the Council shall elect in his place one of its members to hold such office.
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18.2
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A Council member shall not be elected and/or nominated to the position of a
particular principal office bearer position for more than three (3) terms
whether such period is continuous or in separate shorter period irrespective
of which organisation the council member represents.
Deleted (w.e.f. 21 May 2010)
Added (w.e.f. 10 December 2021)
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18.2a
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Article 18.2 shall apply retrospectively to any Council Member who is or has
been the principal office bearer of a particular principal office.
Added (w.e.f. 10 December 2021)
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18.3
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The Principal Office Bearers shall be responsible for
ensuring the administration of the office and staff of the
Federation in accordance with the decisions of the Council.
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18.4
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Deleted (w.e.f. 10 December 2021)
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18.5
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The President
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The President shall preside at all General Meetings and
Council Meetings. He shall be responsible for leading the
Council in the formulation of policies and in the pursuit of
realising the Vision, Mission and Objects of the Federation.
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18.6
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Immediate Past President
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A person who retires from office as President shall ipso facto continue to serve
on the Council albeit as Immediate Past President until he is succeeded in office
by the next Immediate Past President. The Immediate Past President serves on the
Council in an ex-officio capacity.
Deleted (w.e.f. 9 January 2017)
Added (w.e.f. 10 December 2021)
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18.7
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The Vice Presidents
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The Vice Presidents shall act in rotation for the President
during his absence. All duties, powers and responsibilities of
the President in his absence shall devolve upon the Vice
President appointed to act for the President during his absence.
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18.8
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The Honorary Secretary
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The Honorary Secretary where one is appointed, shall be responsible
for the timely preparation of minutes or causing minutes to be timely
prepared of General Meetings and of the Council, the timely
circulation of such minutes issuing notices of their meetings,
recording of attendances at meetings and for ensuring that decisions
taken at these meetings or by the Council are expeditiously
implemented and or acted upon by all parties concerned in the
context of such decisions. The Council may also assign additional
responsibilities and duties to the Honorary Secretary.
Deleted (w.e.f. 9 January 2017)
Added (w.e.f. 10 December 2021)
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18.9
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The Honorary Treasurer
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The Honorary Treasurer shall be responsible for ensuring
that a true and accurate account of all monies received and
expended by the Federation is kept and that an Annual Balance
Sheet, a Statement of Receipts and Payments and an Income and
Expenditure Account are prepared for submission to the Annual
General Meeting. The Honorary Treasurer shall be the Chairman of
the Finance Committee.
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<Back to Contents>
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Rule 19 : Council Meetings
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19.1
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The Council shall meet as often as it shall deem necessary
but not less often than four times in each year. Meetings of the
Council shall be convened as directed by the President or, in
his absence, the Vice President, provided that a meeting shall
be convened on the written requisition of five or more members
of the Council, which requisition shall specify the matter or
matters to be considered by the Council at such meeting. Not
less than seven days’ notice in writing shall normally be given
of meetings of the Council unless the President or, in his
absence, the Vice President considers the situation one of
urgency.
Notice of meeting shall be delivered
personally or sent by mail or electronic media to each Council
member at the address as shown by the records of the Federation.
If mailed, such notice shall be deemed to be delivered when
deposited in the mail in a sealed envelope so addressed, with
postage thereon prepaid. If notice is given by electronic media,
the notice of a meeting shall be deemed to be delivered when the
notice is tagged sent by the software.
(w.e.f. 9 January 2017)
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19.2
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The quorum for a meeting of the Council shall be ten or one
half of the total number of Council members whichever is lesser.
Voting at Council meetings shall be by a show of hands and each
member shall have one vote. The Chairman of the meeting shall
have an original as well as a casting vote. No decision of the
Council shall be valid unless passed by a majority of those
present and voting.
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19.3
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A resolution in writing initiated by the President or in his
absence by a Vice President, duly signed by a majority of the
Council Members shall be as valid and effectual as if it had
been passed at a meeting of the Council duly convened and held
provided all members of the Council are aware of and or have
been made aware of such a resolution. Where not less than five
members of the Council objected to the resolution or have
requested for a meeting of the Council to discuss the
resolution, then a meeting of the Council shall be called to
discuss whether the said resolution should be passed or not.
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<Back to Contents>
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Rule 20 : Powers of the
Council
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20.1
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The Council shall have absolute power to regulate, manage
and control all the affairs of the Federation (including power
to authorise expenditure and to make bye laws) and to carry out
its objects, subject only to these Constitutional Rules for the
time being in force, and may exercise all such powers and do all
such acts and things as may be exercised or done by the
Federation and are not hereby or by statute law expressly
directed or required to be exercised or done by an Annual
General Meeting of the Federation.
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20.2
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The Council shall have discretionary powers to issue a
written caution to any Member for any of the reasons contained
in
Rule 16.2 instead of expelling such Member.
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20.3
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Between the General Meetings, the Council shall have the
power to interpret the Constitutional Rules of the Federation
and determine any point on which the Constitutional Rules are
silent. The decision of the Council shall be binding on all
Members of the Federation unless and until countermanded by a
duly constituted General Meeting of the Federation.
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<Back to Contents>
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Rule 20a : MEF Academy -
The Power to make Bye-Laws
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20a.1
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The Council shall have the power to make such Bye-Laws as it
may deem necessary, consistent with these Constitutional Rules
for the effective governance of the Academy and the due
realisation of the Federation’s Constitutional objects and in
particular its Vision and Mission as enumerated therein.
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<Back to Contents>
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Rule 21 : Annual General
Meeting
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21.1
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The Annual General Meeting of the Members of the Federation
shall be convened by the Council once a year as soon as
practicable after the close of the Official Year of the
Federation and in any event not later than 30th
September for the purpose of the following matters:-
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(i)
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to confirm the Minutes of the previous Annual General
Meeting, and Special General Meeting, if any;
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(ii)
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to consider the Report of the Council in respect of the
previous year;
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(iii)
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to consider and if agreed, approve the Annual Balance Sheet,
the Statement of Receipts and Payments and the Income and
Expenditure Account for the preceding financial year duly
audited by the Auditors;
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(iv)
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to consider amendments to these Constitutional Rules, if
any;
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(v)
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to elect from amongst the Nominees biennially members of the
Council in accordance with Rule 17.1.
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(vi)
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to announce the Council Members from Founder Association
Members in FM-1 and FM-2.
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(vii)
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to announce the Council Members from Association Members in
AM-1 and AM-2.
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(viii)
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to appoint Auditors.
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(ix)
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to consider any other matters of which not less than 14
days’ notice has been given in writing to the Federation
provided that the Meeting may consider any matter in respect of
which such notice has not been given if not less than two-thirds
of the Members present agree to such matter being discussed.
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21.2
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Not less than 21 days notice shall be given of the Annual
General Meeting. Notice of the Annual General Meeting and the
relevant documents as stated in Rule 21.1 (i) to
(v) above shall be delivered personally or sent by mail or
electronic media to each member as the address as shown by the
records of the Federation. If mailed, such notice and the
relevant documents shall be deemed to be delivered when
deposited in the mail in a sealed envelope so addressed, with
postage thereon prepaid. If notice is given by electronic media,
the notice and the relevant documents shall be deemed to be
delivered when the notice with the relevant documents is tagged
sent by the software.
(w.e.f. 9 January 2017)
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21.3
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The quorum for an Annual General Meeting shall be 20
Nominees. Voting at the Meeting shall be by a show of hands.
Each Member shall have one vote. The Chairman of the Meeting
shall have an original as well as casting vote. No decision of
the Meeting shall be valid unless passed by a majority of those
present and voting.
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21.4
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Voting by Ordinary Members for the purpose of election to
the Council shall be by secret ballot if a motion in that behalf
is duly proposed, seconded and approved by a simple majority of
Ordinary Members present and voting.
The provision of
Rule 21.3 (above) shall apply in all other
respects mutatis mutandis.
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21.5
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An Extraordinary General Meeting of the Members may be
convened at any time by the Council to determine the views of
the Members on any matter affecting the interests of the
Federation or shall be convened by the Council upon the
requisition in writing of at least 20 Nominees. The provisions
of
Rule 21.2 shall apply pari passu to
an Extraordinary General Meeting.
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21.6
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(i)
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If half an hour after the time appointed for an Annual
General Meeting a quorum is not present, the meeting may be
postponed to a date not exceeding 30 days to be decided by the
Council and to the same time and place, if a quorum is not
present half an hour after the time appointed for the postponed
meeting, those present shall have power to proceed with the
business of the day, but they shall not have power to amend the
Constitutional Rules or to make decision affecting the whole
membership.
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(ii)
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The provisions of Rule 21.6(i) above
shall apply also to an Extraordinary General Meeting, but with
the proviso that if no quorum is present after half an hour from
the time appointed for an Extraordinary General Meeting
requisitioned by the Nominees, the meeting shall be cancelled
and no Extraordinary General Meeting shall be requisitioned for
the same purpose until after a lapse of at least 6 months from
the date thereof.
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21.7
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Not less than 21 days notice shall be given of the
Extraordinary General Meeting and the provisions of
Rule 21.2 shall apply
pari passu to an Extraordinary General Meeting.
(w.e.f. 9 January 2017)
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<Back to Contents>
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Rule 22 : Staff
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22.1
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The Council shall have power to appoint any person as the
Chief Executive of the Federation, who may be designated by any
suitable title approved by the Council for such period at such
salary and on such conditions as may from time to time be
determined by the Council and he shall act under the general
directions of the President or, in his absence, a Vice President
and shall be responsible only to the Council for the execution
of the decisions, policies and objects of the Federation and,
save as herein provided, he shall not be obliged to carry out
any wishes or instructions of Members or Nominees.
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22.2
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The Chief Executive
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The Chief Executive shall be ex-officio Secretary of the
General Meeting and Council but shall not be entitled to vote.
It shall be the responsibility of the Chief Executive to keep a
record of membership, record of attendance at meetings, send out
notices of meetings of Council and General Meetings and record
and prepare minutes of such meetings and to perform such other
duties as directed by the President and/or the Council. He shall
be responsible for the day to day supervision of the office and
staff of the Federation.
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22.3
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The Council shall have power to appoint such other staff as
may be necessary upon such terms and conditions as to salary and
otherwise as the Council may see fit.
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22.4
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The Chief Executive and staff are paid employees of the
Federation and the appointment of such paid employees may be
terminated by the Council subject to the terms and conditions of
their appointment.
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<Back to Contents>
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Rule 23 : Committees
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23.1
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Constitutional Committees
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The Council shall appoint at its first meeting to be held
immediately after each Annual General Meeting at which elections
are held the following Constitutional Committees. Each
Constitutional Committee shall consist of not more than 5
Council members:-
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Audit Committee
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An Audit Committee which shall ensure the adequacy and
integrity of the Federation’s internal control and risks
management systems including the compliance with all applicable
law and regulations.
A person who sits on the Audit
Committee shall not sit on the Finance Committee.
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Establishment Committee
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An Establishment Committee which shall be responsible for
all matters related to the appointments of the staff of the
Federation, their terms, conditions and tenure of service.
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Finance Committee
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A Finance Committee which shall be responsible for all
matters pertaining to the income and expenditure of the
Federation.
A person who sits on the Finance
Committee shall not sit on the Audit Committee.
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Membership Committee
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A Membership Committee which shall be responsible for all
matters pertaining to membership in the Federation.
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23.2
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Standing Committees
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The Council may appoint from within its membership such
Standing Committees as may be desirable to give effect to its
Vision, Mission, Objects and policies from time to time. Each
Standing Committee shall consist of not more than 5 members but
may co-opt such other persons from within the Federation’s
membership but not exceeding 4.
Viz. :-
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a Human Resource Best Practices Committee
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an International Relations Committee
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a Public Relations Committee
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a Training and Research Committee
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23.3
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Unless specifically authorised, all decisions of the
Committees shall be submitted to the Council for approval prior
to implementation.
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23.4
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Ad Hoc Committees
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Notwithstanding the provisions of Rule 23.1
above, the Council shall have the power to appoint one or more
Committees for any purpose or purposes general or special to be
specified in the resolution appointing each of such Committees
and every such Committee shall conform with any direction that
may from time to time be given by the Council. In all such
Committees a member of the Council shall be the Chairman.
Decisions and/or recommendations of the Committee so appointed
shall be submitted to the Council for prior approval before
implementation.
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23.5
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Industrial Relations Panel
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Subject to the provisions of Rule 23.2
above, there shall be an Industrial Relations Panel to consider
all industrial relations matters and such other matters as may
be referred to it by Council. The Industrial Relations Panel
shall be constituted by such number of representatives from
Trade/Industry Groups and Association Members as may be decided
by the Council. The Council may also nominate to the Panel such
additional persons who are engaged in the field of Human
Resource management and/or industrial relations as it deems fit.
Recommendations of the Industrial Relations Panel shall be
submitted to the Council for prior approval before
implementation.
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<Back to Contents>
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Rule 24 : Casual Vacancies
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24.1
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Any casual vacancy occurring on the Council by reason of the
death, retirement, absence from Malaysia or other disability of
any member thereof may be filled as follows:-
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(a)
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in the case of an Association Member, by a Nominee of the
Association Member concerned.
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(b)
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in the case of an Ordinary Member, by the Nominee who
obtained the next highest number of votes at the election to the
Council at the previous Annual General Meeting at which
elections are held. In the event no such person is available the
Council may appoint a member on the proposal of the President.
Any person or persons appointed to the Council in accordance
with these Constitutional Rules shall hold office until the next
Annual General Meeting of the Federation at which elections are
held.
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24.2
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Any member of the Council who shall without the consent of
the Council have been absent from three consecutive meetings of
the Council shall ipso facto relinquish office as a
member of the Council.
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24.3
|
It shall be competent for the Council, by resolution of a
majority of its members present, to declare vacant the office of
any member of the Council, or any Committee, if such member:-
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(i)
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becomes bankrupt or insolvent or makes an assignment for the
benefit of his creditors or compounds with his creditors; or
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(ii)
|
becomes lunatic or of unsound mind; or
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(iii)
|
in the opinion of a majority of the Council (after affording
such Member a reasonable opportunity of being heard in his
defence) has infringed any of these Constitutional Rules or
Bye-Laws of the Federation or order of the Council or is deemed
guilty of any conduct which the Council may consider to be
dishonourable, or inconsistent with his position as a member of
the Council or any Council or any Committee or calculated to
bring discredit on the Federation, or to be otherwise inimical
to its interests; or
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(iv)
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from any cause whatsoever ceases to be a Nominee or
Representative of a Member; or
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(v)
|
in writing resigns from the Council or any Committee
thereof; or
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(vi)
|
is the Nominee of an Employer or an Employer’s Organisation
that has served notice of intention to resign in accordance with
Rule 15.1.
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<Back to Contents>
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Rule 25 : Assets
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25.1
|
Funds
|
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All money or funds of the Federation as received shall be
paid into an account maintained at the branch of any licensed
financial institutions selected by the Council in the name of
the Federation. All disbursements on that account shall be
signed by any two of the following:-
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President
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A Vice President
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Honorary Treasurer
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Executive Director
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25.2
|
Property
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All immovable property of the Federation shall be vested in
the name of the Federation. All instruments relating to that
property shall be executed by the President, a Vice President
and the Hon. Treasurer for the time being of the Federation.
Their appointment shall be authenticated by a certificate of the
Registrar of Societies and sealed with the seal of the
Federation.
The immovable property of the Federation
shall not be sold, leased, charged, transferred or dealt with in
such manner so as to divest any interest in the property without
the prior consent and authority of the Council.
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<Back to Contents>
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Rule 25a : Reserve Fund
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(Deleted w.e.f. 21 May 2010)
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Rule 26 : Indemnity
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26.1
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If any prosecution, action or suit at law be commenced
against any member or members of the Council, the Chief
Executive or any staff or agent of the Federation, for anything
done by him or them in the proper or reasonable discharge of
their duty, such person or persons shall be defended and
indemnified by and at the cost of the Federation from all
damages, costs and expenses which may be incidental to or result
from such prosecution, action or suit at law and the Council is
hereby empowered to apply the property and funds of the
Federation for such purpose as may be directed by the Council
from time to time.
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26.2
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Insurance
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The Federation may purchase insurance policies in any such
sums as may be necessary to keep the Federation, members of the
Council, the Chief Executive or any staff or agent of the
Federation fully indemnified for all costs, damages and expenses
which may be incidental to or result from any of the matters in
Rule 26.1 above and any deductibles for claims
under such policy of insurance shall be paid from the
Federation’s expenses along with such premiums, as may be
decided by the Council from time to time. The Chief Executive
shall ensure that the Federation is at all times in full
compliance with the terms of such policy of insurance including
conditions precedent thereto.
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Rule 27 : Arrears
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27.1
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Any Member failing to pay a levy within two months after
notification thereof has been posted to him by the Chief
Executive, or being in arrears 3 months with subscription, shall
cease to be entitled to the rights and privileges of membership.
In default of payment of the amount of any levy and/or
subscription within one month of final demand under the hand of
the Chief Executive, such Member shall ipso facto cease
to be a Member of the Federation and shall thereupon cease to
have any interest in the funds and/or property of the
Federation.
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27.2
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Upon any application for re-admission by a Member whose
membership had ceased under the provision of the preceding
paragraph, the Council may require payment of the whole of the
arrears as a condition precedent to re-admission.
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Rule 28 : Application of
Funds
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28.1
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The funds of the Federation shall be applied by the Council
in payment of salaries, wages and allowances, contributions to
any provident fund scheme or other retirement benefits of the
employees of the Federation and of the usual office and other
expenses of the Federation and in furtherance of the objects of
the Federation. Any funds of the Federation not immediately
required for any of the aforesaid purposes may be invested by
the Council as aforesaid in and upon any of the investments for
the time being authorised by law.
Such application of
funds shall be in accordance with financial procedures approved
by the Council from time to time.
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28.2
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Any consent, instruction, direction, or notice given by the
Council or by any person or persons acting or purporting to act
as members or officers of the Council or by any Committee
thereof shall, notwithstanding it be afterwards discovered that
there was some defect in the appointment of any such member,
officer or person or that they or any of them were disqualified,
be as valid as if every such person had been duly appointed and
was qualified to be a member or officer of the Council or any
such Committee thereof.
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Rule 29 : Accounts
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29.1
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The accounts of the Federation shall be in the charge of the
Chief Executive subject to the overall directions of the
Honorary Treasurer. They shall be audited at least once a year
in respect of the period of the previous official year of the
Federation. Copies of the audited accounts together with any
Report submitted by the Auditors shall be sent to all Members
prior to the Annual General Meeting.
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Rule 30 : Inspection of the
Books
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30.1
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The Register, the books of accounts, the last Balance Sheet,
the Statement of Receipts and Payments and the Income and
Expenditure Account of the Federation shall be open to
inspection by any Member by appointment at the office of the
Federation at all reasonable times.
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Rule 31 : Alteration of
Rules
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31.1
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Any proposed alteration, addition or amendments to these
Constitutional Rules of the Federation shall be submitted to the
Council duly proposed and seconded in writing. The Chief
Executive shall thereupon circulate the same to members of the
Council which shall make its recommendations thereon and place
such proposals and recommendation before the next Annual General
Meeting or Extraordinary General Meeting of the Federation to
consider and if thought fit to adopt such proposals with or
without modification. The notice convening any such meeting
shall set forth the mover’s proposals, any reasons therefore
which he may have given and the recommendation of the Council in
connection thereto. Any proposal which is adopted by resolution
and passed by a majority of Nominees present and voting shall be
valid and binding upon all Members of the Federation. No
amendments shall be enforced without the prior approval of the
Registrar of Societies.
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Rule 32 : Notice to Members
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32.1
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All notices sent or required by these Constitutional Rules
to be sent to the Members shall be deemed to have been duly
served if sent by the Federation either personally or through
the post or through the electronic media, addressed to Members
at the address as shown in the Register. If mailed, such notice
and the relevant documents shall be deemed to be delivered when
deposited in the mail in a sealed envelope so addressed, with
postage thereon prepaid. If notice is given by electronic media,
the notice and the relevant documents shall be deemed to be
delivered when the notice with the relevant documents is tagged
sent by the software.
(w.e.f. 9 January 2017)
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Rule 33 : Dissolution
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33.1
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The Federation may be voluntarily dissolved if not less than
three-fourths of the Ordinary Members and three-fourths of the
Association Members support in writing a circular-resolution to
that effect. In the event of the Federation being dissolved as
herein provided, all debts and liabilities legally incurred on
its behalf shall be fully discharged and the remaining funds
shall be disposed of in such manner as may be decided by the
general membership.
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