The recognition process of trade union in Malaysia : the need for legal reform

Abstract

The trade union recognition process is a pre-requisite to the collective bargaining action of a trade union. The recognition process is important to ascertain the competency of the trade union and the acceptance of the trade union members to represent them in the collective bargaining action with the employer. However, the ambiguities of the existing legislations and the trade union recognition process in Malaysia are currently depriving the workers of their rights to negotiate for better working conditions. Hence, the objectives of this study are; to explore the current legal framework and policies of the government on the trade union recognition process in Malaysia and to identify the weaknesses in the system; to examine the relevant laws governing the trade unions internationally and the best practices of recognition process from other countries to be adopted by the Malaysian government in order to ease the recognition process and to recommend a reform to the recognition process in Malaysia. The present study analysed the laws and practices concerning the trade union recognition process in Malaysia. The study is conducted using a qualitative method. The qualitative method applies the traditional legal approach by analysing and critically evaluating the available literature and views of the industrial practitioners on the legal framework of the trade union recognition process. The findings in this research identifies the weaknesses and lacunas in the provisions governing the trade union recognition process under the Industrial Relations Act 1967 and the Industrial Relations Regulations 2009 of Malaysia. These weaknesses and lacunas can be overcome through a series of reformation made to the recognition procedures under the Industrial Relations Act 1967 and the Industrial Relations Regulations 2009. Therefore, the reform of the trade union recognition process is necessary to benefit the trade unions, particularly for the trade unions to experience a better trade union recognition mechanism and indirectly to ease the path to collective bargaining action.