RegisterLog In

Company HR Policy and Trade Union Collective Agreement

InternalAuditor-Rambo
Member
Tue, 23 Aug 2016 12:34:38 PM  (Last updated: Tue, 23 Aug 2016 11:34:03 PM)

Hi, 

A brief introduction about me, I am Rambo Pang, working as Internal Auditor and currently handle an assignment to audit a company HR Department.

I have come into a confusion that, the company has both their own Company HR Policy and they also registered for Trade Union which allow their company staff to become a Union member. 

What I discovered is that, both Company HR policy and CA function together in the company and a non-Union member can enjoy the benefit of a Union member, while a Union member enjoy the benefit of the Company HR policy.

My question:

1) are the company staffs, a registered union member allow to enjoy the benefit of the company HR policy, and same for non-Union member allow to enjoy the CA benefit?

2) The company allow to use both Company HR policy and CA (My judgment based on logical thinking, please correct me if I am wrong.), but the Union member must follow the CA, while the non-Union member must follow the Company HR policy but not CA , right?

3) Can the company apply the CA benefit terms into their company HR policy, but stated the sentences: "Please refer to the CA for the working shift hours and the overtime payment." - which applicable to all the company staffs. 

In addition of my questions to be answered, is there any guideline or laws to support the questions or the issues I am facing right now?

Awaiting reply. 

Regards,
Rambo Pang

InternalAuditor-Rambo
Member
Tue, 23 Aug 2016 02:00:16 PM
Originally posted by InternalAuditor-Rambo on Tue, 23 Aug 2016 11:34:03 PM

Hi, 

A brief introduction about me, I am Rambo Pang, working as Internal Auditor and currently handle an assignment to audit a company HR Department.

I have come into a confusion that, the company has both their own Company HR Policy and they also registered for Trade Union which allow their company staff to become a Union member. 

What I discovered is that, both Company HR policy and CA function together in the company and a non-Union member can enjoy the benefit of a Union member, while a Union member enjoy the benefit of the Company HR policy.

My question:

1) are the company staffs, a registered union member allow to enjoy the benefit of the company HR policy, and same for non-Union member allow to enjoy the CA benefit?

2) The company allow to use both Company HR policy and CA (My judgment based on logical thinking, please correct me if I am wrong.), but the Union member must follow the CA, while the non-Union member must follow the Company HR policy but not CA , right?

3) Can the company apply the CA benefit terms into their company HR policy, but stated the sentences: "Please refer to the CA for the working shift hours and the overtime payment." - which applicable to all the company staffs. 

In addition of my questions to be answered, is there any guideline or laws to support the questions or the issues I am facing right now?

Awaiting reply. 

Regards,
Rambo Pang

Sorry for the mistake, I want to rephrase my statement for this paragraph:

"What I discovered is that, both Company HR policy and CA function together in the company and a non-Union member can enjoy the benefit as listed in CA, while a Union member enjoy the benefit of the Company HR policy."
 

KL Siew
Administrator
Tue, 23 Aug 2016 05:45:15 PM

To me, there should be no problem if non members are allowed to enjoy the benefits as mentioned in the CA if the terms and conditions therein are more favourable to them. But I am not so sure whether there is anything in the CA restricting members to enjoy terms and conditions better the those in the CA. Refer to the CA again or should you still have doubts you should go and discuss the issues with local Industrial Relations Department officials.

InternalAuditor-Rambo
Member
Tue, 23 Aug 2016 11:34:03 PM

Hi KL Siew,

Thank you for your reply.

I have contacted the Industrial Relations Department for their guidance. 

This is the result I got after the discussion with them and one of the officer walked through the IRA 1967 with me:

1) Whenever the Company registered and formed the Trade Union and compounded the CA; The CA, by Default will overwrite any HR policy to be complied by the Union Member. 

2) What you had mentioned is correct. Non-union member can follow and enjoy the clause listed in the CA whenever the company allows. Yet, the Union member still cannot follow the company HR policy.

Hope this will help others in the future. 

  This topic is closed