Effect given to the recommendations of the committee and the Governing Body - Report No 337, June 2005

Case No 2301 (Malaysia) - Complaint date: 22-SEP-03 - Closed

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

1. 87. This case concerns the Malaysian labour legislation and its application which, for many years, have resulted for workers in serious violations of the right to organize and bargain collectively: discretionary and excessive powers granted to authorities as regards trade unions’ registration and scope of membership; denial of workers’ right to establish and join organizations of their own choosing, including federations and confederations; refusal to recognize independent trade unions; interference of authorities in internal unions’ activities, including free elections of trade unions’ representatives; establishment of employer-dominated unions; arbitrary denial of collective bargaining. The Committee formulated extensive recommendations at its March 2004 meeting [see 333rd Report, para. 599] and last examined the follow-up to this case at its November 2004 meeting [see 335th Report, approved by the Governing Body at its 291st Session, paras. 130-132].
2. 88. In a communication dated 14 February 2005, the Government reiterates the same comments it had made in its communication dated 19 August 2004, which were examined by the Committee at its November 2004 meeting.
3. 89. The Committee notes with deep regret that the Government has not provided any new information in reply to its previous recommendations. In these circumstances, the Committee can only reiterate its previous conclusions which read as follows:
4. The Committee notes the Government’s reply, its stated intention (without any specifics, however) to amend “certain provisions” in the labour laws, and the data provided. The Committee recalls that the matters complained of in the present case are extremely serious ones, and that it has been called to comment upon them in no less than seven cases over a period of more than 15 years, without any progress whatsoever. The Committee strongly deplores, once again, the continued total lack of cooperation of the Government, which merely repeats previous statements and arguments, does not provide a substantive reply or fails to respond altogether. In these circumstances, the Committee must reiterate its initial recommendations according to which:
5. …
6. (b) The Committee urges once again the Government to introduce in the near future legislation to amend the Trade Unions Act, 1959 and the Industrial Relations Act, 1967, to bring them into full conformity with freedom of association principles, by ensuring:
7. – that all workers without distinction whatsoever, enjoy the right to establish and join organizations of their own choosing, both at primary and other levels, and for the establishment of federations and confederations;
8. – that no obstacles are placed, in law or in practice, to the recognitions and registration of workers’ organizations, in particular through the granting of discretionary powers to the responsible official;
9. – that workers’ organizations have the right to adopt freely their internal rules, including the right to elect their representatives in full freedom; and
10. – that workers and their organizations enjoy appropriate judicial redress avenues over the decisions of the minister or administrative authorities affecting them.
11. (c) The Committee requests the Government to amend its legislation so as to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to regulating terms and conditions of employment by means of collective agreements.
12. (d) The Committee requests the Government to take rapidly appropriate measures and give instructions to the competent administrative authority, so that the 8,000 workers denied representational and collective bargaining rights in 23 named companies may effectively enjoy these rights, in accordance with freedom of association principles.
13. (e) The Committee requests the complainant and the Government to keep it informed on the court challenges filed by some employers and affecting some 2,000 workers, so that it may make an informed decision in full knowledge of the facts.
14. (g) The Committee suggests once again that the Government avail itself of the ILO’s technical assistance, to help it bring its law and practice into full conformity with freedom of association principles.
15. 90. The Committee urges the Government to address rapidly the issues raised in its recommendations and to keep it informed of developments thereon.