European Union

Statement

International Labour Conference

113^th session 

Geneva, 2-13 June 2025

________

Committee on Application of Standards

Malaysia

Right to Organise and Collective Bargaining Convention, 1949 (No.98)

________

Geneva, 10 June 2025

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International Labour Conference

113th session 

Geneva, 2-13 June 2025

Committee on Application of Standards

Malaysia

Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

Chair,

I have the honour to speak on behalf of the European Union and its Member States.

The candidate countries North Macedonia, Montenegro, Albania, Ukraine, Republic of Moldova and Bosnia and Herzegovina* and the EFTA country Norway, member of the European Economic Area, align themselves with this statement.

1. The EU and its Member States are committed to the respect, protection, and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

2. The EU and Malaysia signed in 2022 a Bilateral Partnership and Cooperation Agreement which further strengthens the bilateral cooperation and encompasses a wide range of areas, including human rights and sectoral cooperation on labour and employment. 

3. We welcome the Government’s recent legislative reform through amendments to the Industrial Relations Act, the Industrial Relations Regulations, the Trade Unions Act and the Trade Union Regulations.

4. We note the observations made by ITUC related to the remedies for anti-union discrimination and lengthy procedures. We recall that effective protection against acts of anti-union discrimination requires rapid and effective procedure and remedies through reinstatement and adequate compensation, as well as sufficiently dissuasive sanctions. We also recall that workers who are victims of anti-union discrimination should have the right to directly lodge a complaint before the courts.

5. Regarding the criteria and procedure for recognition of trade unions for the purposes of collective bargaining, we note the “satisfaction” expressed by the Committee of Experts regarding the entry into force of several legislative amendments. However, we recall that the recognition processes should provide safeguards to prevent acts of employer interferences and ask the Government to take the necessary measures to prevent or repress such acts. We also echo the Committee’s request to further review the legal framework for the recognition of trade unions with a view to simplifying and expediting the administrative and judicial procedures.

6. We join the Committee of Experts’ request to the Government to take measures – in consultation with the social partners – ensuring that, in situations where no union is declared the exclusive bargaining agent, all unions in the unit are able to negotiate, jointly or separately, at least on behalf of their own members.

7. In addition, we call on the Government to ensure that foreign workers do not face instances of discrimination, including in relation to trade unions’ membership.

8. We note the Committee’s observations that the elements considered during their analysis may not demonstrate the existence of complete bargaining machinery. Moreover, we share the Committee’s concerns about the very low coverage of collective bargaining, with a rate of 0.4% in 2018.

9. We call on the Government to take the necessary actions to remove any remaining legal and practical obstacles to collective bargaining addressed in the Committee’s comments, including on the scope of collective bargaining, compulsory arbitration, and restrictions applied to public servants not engaged in the administration of the State. We ask the Government to take concrete measures to promote the full development and utilisation of collective bargaining. 

10. We acknowledge the Government’s written submission in response to the observations made by the Committee of Experts.  

11. The EU and its Member States encourage the Government to avail itself of the technical assistance of the Office. We remain committed to constructive engagement with Malaysia and encourage the Government to further strengthen its cooperation with the ILO, social partners, and the international community.

Thank you, Chair.

 

*North Macedonia, Montenegro, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.