Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination of public servants not engaged in the administration of the State. The Committee observes that section 52 of the Industrial Relations Act (IRA) excludes any Government service or any service of any statutory authority or any workman employed by Government or by any statutory authority from the application of Parts II to VI of the IRA, including on protection against acts of anti-union discrimination. The Committee observes, however, that as a result of the current labour law review, section 52(3) was added to the IRA which stipulates that the application of Part VI (representations for unfair dismissal) shall be extended to any service of or any worker employed by a statutory authority, in which the Minister, after consultation with such authority, prescribes such application by an order in the Gazette. While taking due note of this amendment and of the potential extension of the scope of unfair dismissal claims to certain public servants, the Committee understands that the general exclusion of workers employed by the Government or any statutory authority from the protection against acts of anti-union discrimination under the IRA remains in place and the possibility for these workers to challenge unfair dismissals, including for anti-union reasons, is dependent on the Minister’s prior determination of the statutory authorities concerned. In line with the above, the Committee requests the Government to indicate the statutory services to which the Minister extended the application of Part VI of the IRA and to provide information on its application in practice relating to public servants not engaged in the administration of the State. In view of the exclusion contained in section 52 of the IRA, the Committee further requests the Government to indicate the applicable legislative provisions which provide protection against acts of anti-union discrimination of public servants not engaged in the administration of the State, in compliance with the Convention.