KUALA LUMPUR, 8 July 2025:
Malaysia has less than eight weeks to respond to corrections required by the International Labour Organization (ILO) towards the lack of worker protection and collective bargaining rights of unions.
At the 113th International Labour Conference (ILC) in Geneva, Malaysia was among 25 countries singled out for review by the Committee on the Application of Standards (CAS) for alleged violations of the ILO Convention No. 98.
The CAS set Sept 1 as deadline for the nations to report on their progress in addressing gaps found in their treatment of labour organisations. The committee sought “effective and time-bound measures” to fix issues pertaining to the Right to Organise and Collective Bargaining.
J Solomon, chairman of the Joint Special Committee of the Malaysian Trade Unions Congress (MTUC), urged relevant authorities in Putrajaya to respond promptly to the deadline, given the gravity of the situation.
“The ILO’s ‘naming and shaming’ system holds governments accountable for violating international labour standards,” Solomon said in a press statement, adding that this should be a “wake-up call for MOHR [Ministry of Human Resources] to correct actions which had violated workers’ rights, and ensure Malaysian workers enjoy dignity and fair livelihood.”
Aside from infringements to the ILO-determined Right to Organise and Collective Bargaining, the MOHR had engaged in various anti-union activities that had drawn international scrutiny, Solomon said.
Consistent with that, the CAS, in its own findings, observed with concern the “gaps (that) remained in the protection against anti-union discrimination” in the country.
The committee cited “lengthy recognition procedures” for unions in Malaysia, saying there was a “need to promote the full development and utilisation of collective bargaining.”
The MTUC said its journey to the 113th ILC was marred by the MOHR’s deliberate attempts to undermine its legitimacy and obstruct the participation of worker representatives at the meeting. It said the ministry refused to submit the names of MTUC-affiliated delegates to the ILO by falsely citing internal disputes within the MTUC.
Despite the MOHR’s actions, the MTUC, leveraging its affiliation with the International Trade Union Confederation (ITUC), managed to send 14 representatives to the ILC, ensuring that Malaysia’s critical C98 case was heard and not delayed another three years.
The CAS’ findings against Malaysia came after the government was given an opportunity to explain its conduct at the 113th ILC in both writing and orally.
In detailing the changes it wished to see in Malaysia, the CAS asked for the removal of remaining legal and practical obstacles to collective bargaining. It also sought access to justice for victims of labour mistreatment and protection against anti-union discrimination through the use of dissuasive sanctions.
That aside, the committee recommended that recognition procedures for collective bargaining be expedited, with safeguards against interference. It also asked for a collective bargaining machinery for public servants not engaged in state administration.
Lastly, the CAS requested that the government accept an ILO technical advisory mission to Malaysia to verify the changes made, ahead of the next ILC session.
As the Sept 1 deadline approaches, all eyes will be on Putrajaya to see how swiftly and effectively it responds to the ILO’s calls.