The Right to Collective Bargaining in Malaysia in the Context of ILO Standards

Abstract

Collective bargaining is the best mechanism to attain a cordial relationship between employers and employees. It is also an effective forum to agree on terms and conditions of employment. In order to achieve such purposes, industrial relations systems in a country must provide legal mechanism to enable parties to bargain collectively with a view to concluding a collective agreement. The ILO has adopted a convention providing a framework for member states to enact laws that would facilitate such a mechanism. In this respect, Malaysia has enacted the Industrial Relations Act 1967, which provides among others a mechanism for collective bargaining. In this article we argue on the extent of the right of Malaysian workers to collective bargaining in the context of the ILO standards. Here we argue that despite the legal mechanism available that facilitates collective bargaining between the two parties, Malaysian workers and their trade unions face some difficulties in bargaining with their employers.