The Way Employee Union Are Organized in Malaysia

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In the eye of history, Malaysian industrial relations undergo some valuable changes with the expanding European capitalism through Industrial Revolution from the early sixteenth century. Various parts of what is now Malaysia came under British rule some time during the nineteenth century. Then, the emergence of Malaysian industrial relations is also associated with immigrant laborers and British colonialism. Basically, industrial relations is known as relationship between employee, labour or employment. Industrial relations is not related to the relationships between one industry to another at all. And industrial relations in the public sector yet is referring to the relationship between the government and the public sector’s employees. The employer referred to in the public sector is the government which the employee will be under the power of them. As far as Malaysian industrial relations is concerned, the term public sector refers to the public services and to statutory authorities. Therefore, the term “public sector” refer to the federal and state government services, and to the federal and state statutory and local authorities. This government has been divided into few levels which is federal government (Ministry of Human Resource), federal statutory authorities (MARA), state statutory authorities ( Jabatan Agama Islam Johor) and also the local authorities (Majlis Daerah Segamat Selatan). We can see the differences between the public sector and those in private sector. The public sector has their own uniqueness which can be seen in few perpectives regarding to the principles underlying the systems, the parties involved, the way employees’ unions are organised, the way employees are grouped and also the machineries cater for industrial relations in the public sector.

First of all, the public sector seems to be unique because of the principles underlying in industrial relations. The principles underlying in both public and private sectors are different at all. In Sec 52 of IRA stated that Parts 2, 3, 4 and 6 shall not apply to any public sectors since these parts are only been applied to the private sector. The principles involved are the trade unionism, recognition, collective bargaining and dispute settlements respectively. The trade union basically is an association or combination whether for employers and the employees too. The trade union is playing roles for protect the rights of workers by doing the collective bargaining to the employers. Before that, that particular trade union have to be recognized first to ensure that the collective bargaining may be successfully been achieved. The IRA requires that the union be recognized by the employer as the proper representative of those employees; in other words: the Act makes union recognition a necessary prerequisite to collective bargaining. Besides, regarding the collective bargaining, it is the principal means of improving the terms and conditions of employment of employees and thereby promoting their economic welfare. In contrast, all of these things are not applied to those public sector. And the largest employer in the public sector is represented by the federal government. Even the public sector has no collective bargaining and so on those the employer, employees and their trade unions also the government will sit together. This is based on the tripartite system which has been applied to this country. This tripartite system are made up of three parties which are the employer, employee and the government. There will be discussions made between them to resolve any disputes that arise among them This means the decision does not made by unilaterally; by the management on behalf of the employer without any interference by workers and the other parties. Next, the most unique characteristic that can be seen in Malaysian industrial relation system is the party involvement in the system. As we can see, Malaysia has allocated two areas in the...
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