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28 November, 2024Twenty leaders from IndustriALL's Malaysian affiliates gathered in Petaling Jaya for a unity meeting, where they discussed the recent amendments to the Trade Union Act and Industrial Relations Act, which took effect on 15 September.
Union leaders welcomed the amendments that are aligned with the ILO Convention 87 on Freedom of Association and Protection of the Right to Organise. These amendments removed the restrictions that trade unions can only organize within particular trade, occupation, and industry.
Workers can now freely choose their trade unions as long as the union’s constitution stipulates the scope of industry. More than one trade union can be formed in one establishment to encourage democratic competition.
There is a consensus among Malaysian affiliates that trade union constitutions should be amended to enlarge the scope of industries. Removal of the sectoral restriction and lowering the threshold to be accorded recognition provides a great opportunity for trade unions to organize the unorganized workers.
However, many weaknesses in the claim for recognition procedure remain unchanged. Lack of law sanctions on employers' interference in organizing, lack of access to the workplace when employers campaign against unions, and no protection for migrant workers who are often threatened with retaliation if they vote for unions.
IndustriALL executive committee member and Malaysia council secretary Gopal Kishnam Nadesan said :
“Strict enforcement of the sanctions is key to stopping union busting. The Industrial Relations Act must be further amended to ensure unions have equal access to the workplace and provide briefings to workers, a good example is the UK's 'code of practice: access and unfair practices during recognition and derecognition ballots'. We also urge the government to protect migrant workers who testify against employers under the witness protection act.”
IndustriALL regional secretary Ramon Certeza said:
“Labour law reform is a continuous process. It's the core responsibility of trade unions to create an enabling policy environment for organizing and legitimate exercising of workers' rights. The regional office will support Malaysian unions to conduct gap analysis and to advocate for freedom of association enshrined in the Convention 87.”