Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Malaysia (Ratification: 1961)

1. Further to its previous comments, the Committee notes with interest the Government's indication in its report that it is actively considering repealing section 15 of the Industrial Relations Act, which limits the scope of collective agreements for so-called "pioneer enterprises" and others, and that a Cabinet paper was being prepared for the Government's consideration.

The Committee asks the Government to keep it informed on any further progress and to send a copy of the repealing legislation as soon as it is adopted.

2. The Committee notes the information supplied by the Government, in answer to its previous comments, on the scope of section 13(3) of the Industrial Relations Act. The Government again states that the matters excluded by that provision from collective bargaining (i.e. promotion, transfer, employment, termination, dismissal and reinstatement) have been subject to negotiation, conciliation and arbitration, as well as judicial decisions and that they amounted to 54.2 per cent of all disputes dealt with by the Department of Industrial Relations during the past five years. The Government also stresses that these matters, considered as internal management prerogatives, are subject to legal limitations.

The Committee understands, from the information available, that the matters referred to above are indeed commonly bargained and it therefore would ask the Government to take the necessary steps to lift the above-mentioned limitations in order to bring its legislation into line with the Convention and with wide national practice.

3. The Committee further notes, in relation to its comments on certain restrictions on the right to bargain collectively for employees in the public administration other than those engaged in the administration of the State (section 52 of the Industrial Relations Act) that the National Joint Councils, as set up in 1992, provide equal representation to workers' organizations and government officials, and that they meet at least twice a year. Meetings have been convened to discuss implementation problems of the "New Remuneration System". At the levels of ministries and departments, workers' organizations are represented in the Department Joint Councils, which are expected to meet five times annually to discuss and solve problems on public sector wages and employment.

While noting this information the Committee again asks the Government to encourage and promote the full development and utilization of machinery for voluntary negotiation between public employers and public servants other than those engaged in the administration of the State - such as teachers - with a view to the regulation of the terms and conditions of employment of the said workers.