The International Confederation of Trade Unions (ICFTU), a coalition of national trade union centres, has condemned a number of Malaysia's laws which restrict trade union rights and impede the overall growth of trade unionism.

In a less-than-glowing report on the Annual Survey of Violations of Trade Union Rights (2002), the ICFTU pointed out that the Trades Union Act and the Industrial Relations Act, including subsequent amendments, placed "extensive restrictions on freedom of association".

"General unions are prohibited and mergers between unions in different professional sectors are practically impossible.

"The government does not allow "organising" in the electronics industry. Only in-house unions are allowed," stated the five-page country report which forms part of the annual survey released last week.

The ICFTU also listed other laws such as the Internal Security Act, the Printing Presses and Publication Act, and the Sedition Act as examples of restrictive laws against trade union rights.

"(These Acts) can be invoked to restrict the exercise of trade union rights. The Malaysian Penal Code requires police permission for public gatherings of more than five people," stated the ICFTU, which has 225 affiliated organisations in 148 countries and territories on all five continents, with a membership of 157 million.

It noted that the Malaysian Trades Union Congress (MTUC) has been unsuccessful in exerting pressure on the government to ratify the International Labour Organisation, and pointed out the trade unions director-general's absolute power to refuse to register a trade union without assigning any reason.

Cumbersome procedures

"He (director-general of trade unions) can take as long as he likes to examine a registration request. He must also give his approval before a trade union is permitted to join an international organisation," the statement said. Union assets are also not to be used for political purposes.

Listing out the restrictions against holding a legal strike, the report stated that such prohibitions make it practically impossible for workers to uphold their rights, including long delays and cumbersome authorisation procedures.

For example, trade unions are not allowed to go on strike for disputes relating to union registration or illegal sackings, and if they want to strike, they have to notify the Human Resources Ministry which will attempt conciliation. Failing this, it will refer the dispute to the industrial court.

The report also blamed employers for taking advantage of legal limitations to prevent workers from becoming unionised, including interpreting managerial and executive categories to encompass middle to lower level supervisory staff.

It also noted the backhand tactics where the trend now was to place all information technology workers in the "confidential" category, effectively preventing them from joining the same trade union as the rest of the employees.

Defies recognition

The report stated that some employers had defied the government's recognition of trade unions and have even refused to comply with industrial courts to reinstate illegally dismissed workers.

"So far, the government has failed to apply any sanctions against these employers. In some cases where companies have changed their name or ceased to exist during the court case.

"The MTUC has criticised the delays in processing claims filed with the industrial courts. Even if a worker has been fired for carrying out trade union activities and is later reinstated following a court decision, it can take three and four years during which time the worker has no income."

The report also described how intimidation and obstruction by police at "legally conducted peaceful pickets" had become commonplace.

The report listed down violations of trade union rights which had occurred throughout last year, among them, those suspended for trade union activities, arrests of labour activists and wrongful dismissals.

Union-busting moves were also recorded, especially among big multinationals, where tactics like intimidation and reclassification of employment category were used.

However, one success story it recorded was the significant decision from a 14-year legal battle between the National Union of Journalists and the management of Chinese daily Sin Chew Jit Poh where the Federal Court judges unanimously favoured the union.

The court endorsed the union's argument that the 1987 collective agreement signed by the previous owner was binding on the new management.