TRADE UNION TRAINING ON DECENT WORK COUNTRY PROGRAMMES (DWCPS) AND ROLE OF TRADE UNIONS NOVEMBER 2012 JAKARTA,INDONESIA DECENT WORK IN MALAYSIA

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1 TRADE UNION TRAINING ON DECENT WORK COUNTRY PROGRAMMES (DWCPS) AND ROLE OF TRADE UNIONS NOVEMBER 2012 JAKARTA,INDONESIA DECENT WORK IN MALAYSIA (MALAYSIAN TRADES UNION CONGRESS) FROM ROSLENA MOKHTAR & AZLAN TAJUDDIN

2 Why is Decent Work Important? Every person on earth should be able to have a job that enables them to live a good life in which their basic needs are met. Employment is a crucial factor for achieving this. This is why all governments should be urged to work more on job creation. Not just any jobs, of course, but decent jobs for every body.it is often argued that countries cannot afford to have fair wages and better conditions, however the short-term costs will quickly be outstripped by the long-term benefits. That is why Decent Work is the best way to fight global poverty. To most people around the world, lack of decent work means poverty. What is Decent Work? Decent work, as a concept and an agenda, was introduced and initially promoted by the International Labour Organisation (ILO) in Decent work has been defined by the ILO and endorsed by the international community as being productive work to women and men in conditions of freedom, equity, security and human dignity. Decent work involves opportunities for work that is productive and delivers a fair income; provides security in the workplace and social protection for workers and their families; offers better prospects for personal development and encourages social integration; gives people the freedom to express their concerns, to organize and to participate in decisions that affect their lives; and guarantee equal opportunities and equal treatment for all. Decent work agenda was further develop on social justice for a fair globalization :- Promoting employment by creating a sustainable institutional and economic environment. Developing and enhancing measures of social protection social security and labour protection- which are sustainable and adapted to national circumstances. Promoting social dialogue and tripartite discussions Respecting, promoting and realizing fundamental principles and right at work

3 Major problems facing workers in Malaysia Pre/post implementation of Performance Based Wage System (PLWS) Influx of foreign workers Amendments of Labour Legislations Employment Act 1955 and Industrial Relations Act 1967 Job Security and Income Security Restrictions in the Trade Unions Act 1969 Minimum wage Outsourcing and contractor for labour Situation regarding the ratification and implementation of ILO s International Labour Standards; In 1998, Government ratified the ILO Declarations on Fundamental Principles and Rights at Work: But their action seems to be in direct contradiction. Awareness of Decent Work Country Programme are you aware of such a document or a discussion in your country? Were you or your union involved? Does it reflect workers/ union concerns or needs? To realise the Decent Work Agenda in Malaysia, The Government of Malaysia is focusing on six priority areas aimed at creating employment opportunities and ensuring workers rights, maintaining harmonious industrial relations, resolving industrial disputes fairly and equitably, developing a competitive workforce, implementing dynamic occupational safety and health programmes,

4 providing the necessary social safety network Tripartite discussions and dialogues were held between the stakeholders, trade unions and the Ministry of Human Resources. However, the situation in Malaysia is not truly reflected in tandem with the major problems faced by workers. Does every woman and man in our country have the opportunity to obtain work that enables them and their families to live a decent life? The answer is a definite NO. Government would argue that everyone who wants to work, jobs are available unfortunately most such jobs cannot be defined as decent work. Are trade unions in our country free to perform heir work without outside interference and without restriction on organizing, bargaining and trade disputes The Trade Union Act severely restricts unions organizing activities. Government s policies severely restrict collective bargaining and contrary to the provisions of the Industrial Relations Act it is almost impossible for trade unions to institute strike action in furtherance of unfair dismissals, discriminatory practices and Collective Bargaining Do trade unions and employers organizations engage in social dialogue in our country and are they involved in tripartite discussion with the government and other a authorities on matters relevant to them? Yes, trade unions and employers organization to participate in tripartite consultation but Government often ignores trade unions view point. In the name of globalization employers demands and views dominate the industrial relations practices. What are the main priorities of DWCP in your Country? The Government of Malaysia had introduced the 8 pointer Millennium Development Goals 2010: Eradicate extreme poverty and hunger Achieve universal primary education Promote gender equality and empower women

5 Reduce child mortality Improve maternal health Combat HIV/AIDS, malaria and other diseases Ensure environmental sustainability Develop a global partnership for development Recommendations Minimum wage Employers to obtain prior permission of the Director General of Labour before terminating employees on grounds of redundancy and or restructuring Empower the director General of Labour to inquire into complaints of abuse of contract system and outsourcing to convert regular and permanent jobs to I irregular and precarious work thus denying decent work; and Widen the scope to cover all employees including domestic workers; Ministry of Human Resources (MOHR) should have a more prominent role to check on employers who employ foreign workers and carry out statutory inspection on a regular basis in determining requirements and needs Improve working conditions for all foreign workers including domestic helpers To ensure that the UN declaration on labour rights and workers rights under Article 8 of Malaysian Constitution are guaranteed. Uphold the rights to organize and Collective Bargaining and the Trade Union Act 1959 should be amended to remove all legal restrictions and obstacles so that millions of workers in the country will be able to freely join a trade union and collectively bargain for better wages and working conditions.