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Fighting anti-union legislations in South East Asia

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28 January, 2025Trade unionists from South East Asia gathered virtually on 22 January to exchange updates on labour law reform and commit to opposing anti-union legislation threatening workers' rights. 50 unionists from IndustriALL affiliates in Cambodia, Indonesia, Japan, Korea, Malaysia, Mongolia, Philippines and Thailand shared updates.

IndustriALL Indonesian affiliates have fought the Omnibus Law since its announcement in October 2019. Through legal challenges, the constitutional court deemed it conditionally unconstitutional, upheld 21 of 71 union petitions and ordered the government to enact a new law within two years.

IndustriALL Asia Pacific exco co-chair and the chief of international department of FSPMI Prihanani Boenadi said:

“The international solidarity actions through expert presentation at constitutional courts had been very helpful as judges took the statements seriously. We will continue to advocate for union-friendly labour laws before the government introduces the new law within two years.”

 
The outsourced workers provision in Omnibus Law which permits indefinite contract periods has been reversed, but the similar labour-only contracting feature has remained unchanged in the Philippine Labour Code.
 
After then President Rodrigo Duterte vetoed the Security of Tenure Bill in 2019, four new bills were introduced in the Philippine Congress to prohibit contractualization, allowing tripartite councils to decide outsourcing and regulate job contractors with at least PHP10 million (US$178,571) in capital.

Paul Gajes, legislative officer of the Trade Union Congress of the Philippines (TUCP) and deputy speaker Raymond Democrito C. Mendoza said they will push for the Security of Tenure Bill by using ILO and ITUC reports on worker rights violations, leveraging international trade agreements and building coalitions with national and global unions.

In Thailand, the Confederation of Industrial Labour of Thailand (CILT) has been campaigning for ratification of ILO Convention 87 and 98 for three decades. The confederation initiated an ILO 8798 Convention driving network consisting of 26 unions and worker organizations in 2023. The network engaged European Union trade representatives and IndustriALL Europe several times, demanding the inclusion of ratification of the two ILO conventions in the EU-Thailand free trade agreement negotiations.

In contrast, the enforcement of Malaysia’s Trade Union (Amendment) Act in September 2024 means trade unions can organize workers from multi-sectors and are allowed to form a second union to compete with each other democratically. IndustriALL Malaysia council and the labour law reform coalition welcome the greater freedom of association and commit to the unfinished journey of law reform as many provisions of the labour laws are still deemed anti-unions. 

ITUC Asia Pacific senior director of organizing and projects, Patuan Samosir, said:

“While significant progress has been made in some areas, workers continue to face challenges related to legal protections, working conditions and union rights. Strengthening labour laws, promoting worker rights and empowering trade unions will be key to improving the lives of workers in the region.”

 
IndustriALL assistant general secretary Kemal Özkan said: 

“We are living in a time of class struggle. The global attack on trade unions and workers' rights leads to more exploitation. We must mobilize workers to support the struggles against anti-union reforms in the four countries, let’s give support to each other, including our brothers and sisters who are struggling in Cambodia, Myanmar and Korea.”