the LABOUR RELATIONS QUESTIONNAIRE
Instructions:
Please complete section 1: about the trade union and section 2: about labour relations in your country with specific information on Freedom of
Association, Collective Bargaining, and Tripartism. If you need additional space to answer the questions, simply click on ENTER in the space provided.
Upon completion, please send the Labour Relations Questionnaire to Mr. Arun Kumar [email: a.kumar@itcilo.org] with copy to Analourdes
th
Herrera [email: a.herrera@itcilo.org] by Wednesday, June 25 , 2008.
Section 1: About the Trade Union
Trade Union Representative RAJESWARI RAMAN
[Completed by]
Trade Union Centre MALAYSIAN TRADES UNION MALAYSIA
CONGRESS
Contact Information 5 JALAN KERONGSANG 9A, BANDAR PUTERI 603-80242953
KLANG. SELANGOR
rrelvina1@yahoo.com
Section 2: About Labour Relations [2.1 Freedom of Association, 2.2 Collective Bargaining, 2.3 Tripartism]
Section 2.1: Freedom of Association
Q1. Has your country ratified ILO Convention No. 87? Yes No x
Q2. Does the national labour law include provisions related to workers' rights to Yes x No
organize?
Q3. If yes, what are the requirements, under the national labour law, to organize and register a new trade?
Every application for registration of any association combination or society as a trade union shall be made to the Director General in the prescribed form,
and shall be signed by at least seven members of the union, any of whom may be officers thereof.
Q4. Is it compulsory to register a trade union? Yes x No
Q5. Does the national labour law provide for 'recognition' of a trade union at the Yes x No
company/industry level?
Q6. If yes, what are the conditions that a trade union must satisfy to be recognized as a 'collective bargaining agent?'
Majority membership -51 % or more must be union members
Q7. Does the national labour law provide for recognition of industrial Yes x No
federations?
Q8. What are the challenges that workers face in forming a new trade union?
Delay in giving recognition
Objection by the company.
Section 2.2: Collective Bargaining
Q1. Has your country ratified ILO Convention No. 98 and ILO Convention No. 154? Yes 98 No 154
Q2, Do unions have the right to negotiate and sign collective agreements with employers? If so, does the national labour law include provisions for
promoting the right to collective bargaining?
Yes under the Industrial Relation Act 1967 its provide the right to Collective Bargaining
Q3. In what kind of companies does collective bargaining take place? Are there any industry-wide collective agreements? Or, is collective bargaining
restricted to the plant/company level?
More on plant / company level collective agreements
Industry-wide collective agreement only for banking and plantation sectors
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Workers' Activities Programme of the ILO [ACTRAV-Turin]
Herrera / Kumar
Q4. Does collective bargaining cover all workers? Or only full-time employees?
Mostly full time workers and no for the members in at the managerial executive, confidential and security capacity.
Q5. In case of employers' refusal to negotiate with workers' unions, what remedies are available to unions?
Through Conciliations and arbitration(Industrial Relations court and Labour Court)
Q6. In case of industrial disputes, what is the legal process to settle the disputes between trade unions and companies? What is the average time taken
to settle disputes?
2 years or more
Q7. How can the dispute resolution machinery/process be improved?
Amendment of law
Do away to refer disputes to the ministry instead of refer it direct to the industrial court after failing in the conciliation process.
Speed up the process of conciliating and referral at industrial court.
More man power needed
Section 2.3: Tripartism
Q1. Has your country ratified ILO Convention No. 144 [on Tripartite Yes X No
Consultations]?
Q2. What are the different ways in which the government consults the workers/trade unions?
Meeting, representative of union at the ministry levels
Q3. Are there any tripartite committees in your country? If yes, on which Yes x No
issues/bases do these tripartite committees exist?
Yes at the National Labour Advisory committee
Q4. In your view, do these tripartite committees have influence to bring about changes in policies or in the implementation of decisions?
Not really effective, especially on the matter related labour law amendments
Q5. Other comments/ views?
Laws in paper is not enough if there is no enforcement.
Please send completed questionnaires to Arun Kumar [email: a.kumar@itcilo.org] with copy to Analourdes Herrera [email:
a.herrera@itcilo.org].
Thank you for completing the form.
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Workers' Activities Programme of the ILO [ACTRAV-Turin]
Herrera / Kumar