Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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. In its previous comments, the Committee observed that section 52(1) of the Industrial Relations Act (IRA) excludes public servants from the application of Parts II to VI of the IRA, including from the provisions on the protection against acts of anti-union discrimination. It noted however that section 52(3) of the IRA establishes the possibility to extend the application of Part VI (representations for unfair dismissal) to such statutory services as prescribed by Ministerial Order, after consultation with the relevant statutory authorities.

The Committee notes the reiterated indications of the Government that discussions with the statutory authorities (and the Attorney General’s Chambers) regarding the potential extension of Part VI of the IRA to statutory services are ongoing. It also notes the Government’s reference to section 21 of the Trade Unions Act, which the Committee notes does not contain any explicit provisions on the protection against acts of anti-union discrimination for public servants not engaged in the administration of the State. The Committee therefore once again recalls the need to adopt formal provisions clearly recognizing the protection of all public servants and public sector employees not engaged in the administration of the State (including those who are not trade union officers) against acts of anti-union discrimination and to provide for effective and sufficiently dissuasive sanctions against those responsible for such acts. The Committee expresses the firm hope that the Government will be soon, following its consultation with the corresponding authorities, in a position to indicate the statutory services to which the Minister will extend 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.