Effect given to the recommendations of the committee and the Governing Body - Report No 368, June 2013

Effect given to the recommendations of the Committee and the Governing Body

1. 43. The Committee last examined this case, which concerns the Malaysian labour legislation and its application which, for many years, have resulted in serious violations of the right to organize and bargain collectively, including: discretionary and excessive powers granted to authorities as regards trade union registration and scope of membership; denial of workers’ rights to establish and join organizations of their own choosing, including federations and confederations; refusal to recognize independent trade unions; interference of authorities in internal union activities, including free elections of trade union representatives; establishment of employer-dominated unions; and arbitrary denial of collective bargaining, at its March 2012 meeting [see 363rd Report, paras 171–177].
2. 44. On that occasion, as concerns the legislative issues raised by the Committee, noting that the Government had referred to engagement sessions with social partners to further improve the Industrial Relations Act (IRA) and the Trade Union Act (TUA), the Committee trusted that social dialogue had already begun with a view to addressing the Committee’s long-standing recommendations, and requested the Government to keep it informed of any progress in this regard. As regards the situation of 8,000 workers in 23 manufacturing companies whose representational and collective bargaining rights were allegedly denied, noting that the Government indicated that it was not in a position to provide the information requested as there was no record on this matter, the Committee once again requested the complainant to indicate if these workers were currently represented by one or more trade unions and, if so, if they were able to exercise their rights to collective bargaining and conclude collective agreements. The Committee trusted that this situation would be addressed without delay so as to ensure that these 8,000 workers were duly represented by the union of their choice and could exercise their right to collective bargaining.
3. 45. In its communication dated 6 December 2012, the Government reiterates that it is in the process of amending the IRA and the TUA, still engaging the social partners for their comments and inputs. The Government however underlines that the proposed amendments do not intend to revamp the main process of recognition and collective bargaining as the amendments to these provisions had been dealt with in 2008. As regards sections 9(5) and 9(6) of the IRA, the Government once again reiterates that the existing legal redress by way of judicial review to the High Court and a further right of appeal to the Federal Court are sufficient and it intends to maintain the current provisions.
4. 46. The Committee takes due note of this information. Noting with concern the Government’s indication that it does not intend to revise the main process of recognition and collective bargaining, the Committee expects that the Government will nevertheless address rapidly its long-standing recommendations, summarized in its previous examination of the case, in full consultation with the social parties concerned. The Committee cannot but recall that it has commented upon the extremely serious matters arising out of the fundamental deficiencies in the legislation on many occasions over a period spanning 19 years.
5. 47. As regards the situation of 8,000 workers in 23 manufacturing companies whose representational and collective bargaining rights were allegedly denied, the Committee observes with regret that the complainant has not provided the information requested and recalls the importance of receiving full information to enable the Committee to carry out a full and objective consideration of the matters before it in full knowledge of the facts. In these circumstances, it will not pursue the examination of those matters.