Trade Union Recognition in Malaysia: Legal Issues
In Malaysia, the Federal Constitution protects the workers enjoyment as to freedom of association, in particular, the right to form and join the trade union. However, due to security purposes, various restrictions have been imposed on trade union activities. The recognition process is currently show...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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UUM Press
2018
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| Online Access: | https://repo.uum.edu.my/id/eprint/29471/1/UUMJLS%2009%202018%2023-37.pdf |
| _version_ | 1825805993315926016 |
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| author | Abd Razak, Siti Suraya Nik Mahmod, Nik Ahmad Kamal |
| author_facet | Abd Razak, Siti Suraya Nik Mahmod, Nik Ahmad Kamal |
| author_sort | Abd Razak, Siti Suraya |
| collection | UUM |
| description | In Malaysia, the Federal Constitution protects the workers enjoyment as to freedom of association, in particular, the right to form and join the trade union. However, due to security purposes, various restrictions have been imposed on trade union activities. The recognition process is currently showing a decline in the number of recognitions awards due to the government's policy. This paper examines the legal issues and challenges confronting the trade union in the recognition process in Malaysia. This study adopted the qualitative approach to analyse the statutory procedures and cases relating to the issue. Interviews were conducted with the Department of Industrial Relations, Malaysia and the Department of Trade Union Affairs, Malaysia to obtain their opinion on the recognition process. It is suggested that the Malaysian government should abolish the employer's recognition; provide a statutory definition on the managerial, executive, confidential and security positions; establish an independent administrative trade union board and ratify the Convention Concerning Freedom of Association and Protection of the Right to Organise Convention No. 87. |
| first_indexed | 2024-07-04T06:41:30Z |
| format | Article |
| id | uum-29471 |
| institution | Universiti Utara Malaysia |
| language | English |
| last_indexed | 2024-07-04T06:41:30Z |
| publishDate | 2018 |
| publisher | UUM Press |
| record_format | eprints |
| spelling | uum-294712023-05-29T09:10:59Z https://repo.uum.edu.my/id/eprint/29471/ Trade Union Recognition in Malaysia: Legal Issues Abd Razak, Siti Suraya Nik Mahmod, Nik Ahmad Kamal K Law (General) In Malaysia, the Federal Constitution protects the workers enjoyment as to freedom of association, in particular, the right to form and join the trade union. However, due to security purposes, various restrictions have been imposed on trade union activities. The recognition process is currently showing a decline in the number of recognitions awards due to the government's policy. This paper examines the legal issues and challenges confronting the trade union in the recognition process in Malaysia. This study adopted the qualitative approach to analyse the statutory procedures and cases relating to the issue. Interviews were conducted with the Department of Industrial Relations, Malaysia and the Department of Trade Union Affairs, Malaysia to obtain their opinion on the recognition process. It is suggested that the Malaysian government should abolish the employer's recognition; provide a statutory definition on the managerial, executive, confidential and security positions; establish an independent administrative trade union board and ratify the Convention Concerning Freedom of Association and Protection of the Right to Organise Convention No. 87. UUM Press 2018 Article PeerReviewed application/pdf en cc4_by https://repo.uum.edu.my/id/eprint/29471/1/UUMJLS%2009%202018%2023-37.pdf Abd Razak, Siti Suraya and Nik Mahmod, Nik Ahmad Kamal (2018) Trade Union Recognition in Malaysia: Legal Issues. UUM Journal of Legal Studies (UUMJLS), 9. pp. 23-37. ISSN 2229-984X https://e-journal.uum.edu.my/index.php/uumjls/article/view/uumjls.9.2018.9103 |
| spellingShingle | K Law (General) Abd Razak, Siti Suraya Nik Mahmod, Nik Ahmad Kamal Trade Union Recognition in Malaysia: Legal Issues |
| title | Trade Union Recognition in Malaysia: Legal Issues |
| title_full | Trade Union Recognition in Malaysia: Legal Issues |
| title_fullStr | Trade Union Recognition in Malaysia: Legal Issues |
| title_full_unstemmed | Trade Union Recognition in Malaysia: Legal Issues |
| title_short | Trade Union Recognition in Malaysia: Legal Issues |
| title_sort | trade union recognition in malaysia legal issues |
| topic | K Law (General) |
| url | https://repo.uum.edu.my/id/eprint/29471/1/UUMJLS%2009%202018%2023-37.pdf |
| work_keys_str_mv | AT abdrazaksitisuraya tradeunionrecognitioninmalaysialegalissues AT nikmahmodnikahmadkamal tradeunionrecognitioninmalaysialegalissues |