scholarly journals Ratification of International Labour Convention and the Reformation of Trade Union Recognition Process in Malaysia

2021 ◽  
Vol 29 (1) ◽  
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Structured Interviews ◽  
Recognition Process ◽  
Collective Agreements ◽  
The Reformation ◽  
The Impact

The decline in the density of trade unions and the decreasing number of collective agreements had resulted in a deplorable situation in Malaysia. It is difficult to resolve the problems because the trade unions’ recognition process is often complex and legislatively restrictive. Nonetheless, the ratification of the International Labour Convention and ILO Convention No.87 could be a stepping stone in the reformation of the recognition process’s legal framework. Therefore, the present paper analysed the role of the ILO convention in reforming the trade union recognition process in Malaysia. Additionally, a qualitative method was employed to examine the role of the convention and its mechanism in the reformation of trade union recognition. Next, pure legalistic analysis and semi-structured interviews were conducted with the industrial relations key player to obtain their perspectives on the effect of ratification on industrial relations. Based on the generated outcomes, there were mixed views on the ratification of the stated convention. Additionally, this paper analysed the impact of the ratification of the convention by the member states of the ILO and how these countries benefitted from the ratification. Finally, this paper concluded that despite the challenges, the ratification of the convention improved the trade union recognition process in Malaysia. Therefore, the Malaysian government should immediately ratify ILO Convention No.87.

scholarly journals AN ANALYSIS OF THE GOOD FAITH BARGAINING PRACTICE IN THE TRADE UNION RECOGNITION PROCESS: REFORM OF THE MALAYSIAN TRADE UNION LEGAL FRAMEWORK

2019 ◽  
Vol 27 (2) ◽  
pp. 501-524
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Good Faith ◽  
Structured Interviews ◽  
Recognition Process ◽  
Primary Focus

The trade union recognition process is a pre-requisite to the collective bargaining action of a trade union. The recognition is important to ascertain the competency of a trade union and the acceptance by the workers to represent them in the collective bargaining action with the employer. However, the ambiguities in the existing legislations on the trade union recognition process in Malaysia and the anti-union practices of the employer are currently depriving the workers of their rights to negotiate for better working conditions. The primary focus of the present work is to identify the weaknesses of the recognition legal framework and the anti-union practices of employers in the recognition process of trade unions. Secondly, is to critically analyse the good faith bargaining practice in other countries and its significance to the recognition process in Malaysia. To explore the anti-union tactics perpetrated by employers, semi-structured interviews have been conducted to analyse the trade unions’ experience in their recognition claims. This research employed a qualitative approach as the instrument to study the good faith bargaining practices in the Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practices in Australia and New Zealand have improved the odds for trade unions to represent the workers in negotiating collective agreements. The study finally concludes that in order to reform the recognition process of trade unions in Malaysia, the good faith bargaining practice should be implemented in the nation’s industrial relations law framework.

scholarly journals Learning to live with the law? The legislative attack on British trade unions since 1979

1970 ◽  
Vol 14 (1) ◽  
Author(s):  
Linda Dickens
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Legal Intervention ◽  
British Trade ◽  
Industrial Action ◽  
The Law ◽  
Labour Legislation

This article takes as its focus the labour legislation of the Conservative governments in Britain under Mrs. Thatcher since 1979. It locates the legislation in its broader context and examines three main prongs of what is seen as a legislative attack on the trade unions: the move away from collective industrial relations; the restricted terrain for lawful industrial action; and legal intervention in internal union affairs. The immediate impact, use of and response to this legislation is discussed and a broader question raised concerning whether, as well as having to adjust to the new legal framework, British trade unions are reappraising their attitude to the role of law in industrial relations more generally.

The Ambiguous Role of Trade Unions in Startup Formation

2018 ◽  
pp. 308-325
Author(s):  
Sylvia Rohlfer
Keyword(s):  
United States ◽  
Trade Union ◽  
Resource Availability ◽  
Trade Unions ◽  
Occupational Choice ◽  
Industrial Relations ◽  
The United States ◽  
Firm Formation ◽  
The Individual

In this chapter the authors analyze the role of trade unions for firm formation from the perspective of the individual entrepreneur. The industrial relations and entrepreneurship literature reviewed shows that trade unions matter in firm formation decisions in three ways: with regard to the occupational choice problem, the management of potential employees and the resource availability for the startup. Taking the Spanish economy as an example the findings from an empirical study demonstrate the perceived actual and potential role of unions for firm formation. The findings are compared with trade union activity in Germany and the United States in order to draw recommendations for trade union strategists.

scholarly journals An Investigation into the Role of Employer and Management Representatives during Collective Conciliation: Empirical Evidence from Nigeria

2017 ◽  
Vol 9 (4) ◽  
pp. 176
Author(s):  
Adejoke Yemisi Ige
Keyword(s):  
Empirical Evidence ◽  
Trade Union ◽  
Trade Unions ◽  
International Labour Organisation ◽  
Workplace Justice ◽  
Mind Set ◽  
Fear And Anxiety ◽  
The Mind ◽  
The Impact

The International Labour Organisation describes ADR as a set of processes that comprise of negotiation, conciliation, mediation and arbitration. This description includes a set of approaches to settling disputes, which in practice vary significantly in terms of their nature and use from one institutional context to another. ADR has been analysed by some scholars as a means of bringing workplace justice to more people at lower cost and with greater speed than conventional government channels. Within the context of ADR, conciliation is seen as one of the most common and important forms of dispute resolution. Although there is a rising interest in the extent of and outcomes of conciliation, its nature in some contexts remains underexplored. This study presents empirical evidence collated among employer, management and trade union representatives as well as other stakeholders that have a role to play in collective conciliation in Nigeria. The study is qualitative due to its suitability for generating data and gathering rich and robust information. A total of twenty-three interviews were conducted between May 2015 and March 2016. The findings of this study reveal the impact of the independence and objectivity of ADR institutions while carrying out their responsibilities. It establishes that management and trade union interactions during conciliation are characterised by lack of trust, lack of confidence, fear and anxiety. It demonstrates how the attitude of management during negotiation can be attributed to their perception of the behaviour and demeanour of trade unions and conciliators. Lastly, the study affirms the link between the mind-set and approaches of the actors and highlights its connection to the actions and behaviour of trade union and management representatives during their interactions as evident within the Nigerian context.

Annual hours, workplace partnership and mutual gains: exploring the links

2016 ◽  
Vol 38 (2) ◽  
pp. 248-266 ◽  
Author(s):  
Lorraine Ryan ◽  
Joseph Wallace
Keyword(s):  
Collective Bargaining ◽  
Case Studies ◽  
Trade Union ◽  
Trade Unions ◽  
Design Methodology ◽  
Structured Interviews ◽  
Content Type ◽  
Secondary Material ◽  
The Creation

Purpose – The purpose of this paper is to explore the capacity of annual hours (AH) to deliver gains to both workers and management and assesses the role of workplace partnership in three Irish companies that have adopted AH. Design/methodology/approach – Three case studies are compared and contrasted. The case studies were compiled through semi-structured interviews with management and trade union representatives, a survey of 205 workers and secondary material. Findings – The authors find that workplace partnership is not a prerequisite for achieving mutual gains where AH are concerned. The research draws attention to the importance of a mechanism for the creation of gains, in these cases, AH and that such gains can arise from different processes. Mutual gains output is not confined to workplace partnership but can arise from collective bargaining. Originality/value – The paper highlights the importance of comparing case studies so that the role of factors often seen as causal to mutual gains in exemplar cases can be critically evaluated. It also utilises directly workers’ opinions on AH and workplace partnership where typically, representative views of management and trade unions dominate the literature on these issues.

Incomes Policy and Industrial Relations: Britain, Sweden and Australia

1980 ◽  
Vol 22 (4) ◽  
pp. 453-475 ◽  
Author(s):  
Michael Wright ◽  
Nixon Apple
Keyword(s):  
Labour Market ◽  
Trade Union ◽  
Trade Unions ◽  
Process Model ◽  
Industrial Relations ◽  
Potential Conflict ◽  
Government Relations ◽  
Incomes Policy ◽  
The Government ◽  
The Impact

Increasingly, economic debate in Australia and other Western, developed economies is directed to the interdependence and potential conflict between the out come of labour market negotiations and government economic policy. Industrial relations becomes identified as a cause of economic problems and governments have been attracted to policies that seek to alter the outcome of labour market negotia tions, using what are often termed "incomes policies". However, because of the nature of industrial relations, incomes policies which might be established to express government demands also have an influence over the balance of powers and relations within the economy. This dynamic process presents problems for practitioners and academics assessing the full effect of incomes policies. The corporatist model developed by Leo Pantich is one useful model of the changes that can occur in trade union, employer and government relations under incomes policy conditions. Draw ing on the flexibility of such a process model, this article details the development of incomes policies in Britain and Sweden, examining the changing relationships and powers that have occurred when the parties (and especially the trade unions) have responded to the demands such policies make on industrial relations. The differences in trade union reactions to industrial relations adjustment provide lessons and experiences for any economy where the government seeks to direct labour market negotiations. In terms of the impact on trade unions particularly and industrial relations in general, the British and Swedish lessons offer valuable insights for Australia. Examining the dynamic incomes policy effects in Australia, we conclude that only if industrial relations practitioners and trade unionists are aware of the dynamic pressures of intervention and respond in a structured manner can they avoid the traps identified by British experience and benefit from the opportunities offered by Swedish initiatives.

scholarly journals Trade Unions: Relevant Out of Irrelevant? A Study on Generation’s Perception in Malaysia

2018 ◽  
Vol 8 (3) ◽  
pp. 38
Author(s):  
Che Supian Mohamad Nor ◽  
Ramesh Kumar Moona Haji Mohamed ◽  
Charles Ramendran SPR ◽  
Prem Kumar Nadarajan ◽  
Vimala Kadiresan
Keyword(s):  
Generation X ◽  
Trade Union ◽  
Generation Y ◽  
Generational Differences ◽  
Trade Unions ◽  
Industrial Relations ◽  
Future Generation ◽  
Structured Interviews ◽  
Face To Face ◽  
Trade Unionism

Generational differences on workforce in Malaysia have stirred the value of trade unionism. The transition from generation-X to generation-Y has created diverse perceptions on the relevance of being a member of a trade union. In the near future, generation-Y will be the bastion of the Malaysian workforce. They will be a fundamental actor in reshaping the industrial relations ecosystem in Malaysia. In this respect, this study focused on unionized and non-unionized generation-X and Y employee’s perception on the importance of trade unionism in the Malaysian context. Using a qualitative study, face-to-face semi-structured interviews with targeted respondents were conducted. The findings showed that the trade union do bring contributions to employees and protect employees from unfair actions but the density of trade unions declined due to unclear information known about trade unionism among generation Y. Based on the research findings, practical implications are discussed.

scholarly journals Assessing the impact of private equity on industrial relations in Europe

2010 ◽  
Vol 63 (9) ◽  
pp. 1343-1370 ◽  
Author(s):  
Nick Bacon ◽  
Mike Wright ◽  
Louise Scholes ◽  
Miguel Meuleman
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Private Equity ◽  
Industrial Relations ◽  
Equity Investment ◽  
Policy Issues ◽  
Equity Ownership ◽  
The Impact ◽  
National Systems ◽  
Future Plans

Private equity firms are accused by trade unions of changing industrial relations in buyouts by demonstrating an unwillingness to recognize and work with trade unions, and by downgrading information and consultation. To explore these important policy issues, this article reports the first representative pan-European survey of managers’ perceptions of the impact of private equity on industrial relations. Managers report that private equity investment does not result in changes to union recognition, membership density or changes in management attitudes to trade union membership. Furthermore, managers in firms recognizing unions after private equity buyouts do not report reductions in the terms and conditions subject to joint regulation. Under private equity ownership more firms report consultative committees, managers regard these as more influential on their decisions, and indicate increased consultation over firm performance and future plans. Comparing industrial relations changes in different social models in Europe, the results suggest private equity firms adapt to national systems and traditional national industrial relations differences persist after buyout.

scholarly journals The Chinese Medical Doctor Association: A New Industrial Relations Actor in China’s Health Services?

2011 ◽  
Vol 66 (1) ◽  
pp. 74-97 ◽  
Author(s):  
Xuebing Cao
Keyword(s):  
Health Services ◽  
Trade Unions ◽  
Medical Profession ◽  
Industrial Relations ◽  
Medical Doctor ◽  
Structured Interviews ◽  
Work Related ◽  
The Government ◽  
Independent Union ◽  
The Impact

This research marks a new attempt to examine the development of new industrial relations actors in contemporary China. It appears that the CMDA has the potential to convert members’ common pursuit into action, albeit with different strengths and patterns compared with its Western counterparts. However, the process of mobilizing doctors is likely to be challenged by China’s unitary industrial relations system. For Chinese doctors, the question is how to convert constant work-related discontent and conflict into an institutional response, and how much freedom the CMDA can be given. Follow-up observation is needed to assess the impact of the CMDA’s continuous expansion in the industrial relations system in China’s health services. Findings suggest that currently the CMDA is neither an independent union organization, nor a new industrial relations actor within Chinese health services due to its structural weakness and political limitations. Unlike its Western counterparts, the CMDA does not have high levels of social and economic power to control licenses and access to the medical profession. However, the prospect remains that the CMDA may be more active within the industrial relations system if doctors’ social capital and group identity can be further strengthened. This paper examines possibilities and difficulties for the Chinese Medical Doctor Association (CMDA) to become a new industrial relations actor in China’s health services. It attempts to provide evidence on whether the CMDA functions in similar ways as its Western counterparts in mobilizing members. Aiming at filling the research gap in Chinese professional organizations’ involvement in the industrial relations process, this paper discusses the CMDA’s potential and the challenges of becoming a union organization. Data were collected through 39 semi-structured interviews with supplementation of documentary evidence from the government, doctors’ professional societies, hospitals and trade unions.

scholarly journals REKONSTRUKSI KONSEP KEBEBASAN HAK BERSERIKAT BAGI SERIKAT PEKERJA PADA HUBUNGAN INDUSTRIAL BERBASIS NILAI KEADILAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Gunarto Gunarto
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Social Research ◽  
Industrial Relations ◽  
Freedom Of Association ◽  
State Regulations ◽  
Business Partners ◽  
Social Facts ◽  
Industrial Dispute ◽  
The Impact

The concept of freedom of association for trade union rights provided for in Law No. 21 of  2000 on Trade Unions, aimed at providing protection of workers, and improve the welfare of workers. But social facts to still many industrial dispute, and there were so many layoffs. Legal research methods to use social research. So in this perspective, freedom of association for trade union rights are not viewed from the norms of  the country, but seen from the values of living in society, although freedom of association rights are influenced by state regulations. Construction of freedom of association for trade union rights as set out in Law No. 21 of 2000 on Trade Unions, still reflects the capitalistic character. The impact caused the number of industrial disputes and layoffs for workers, because employers view workers as a factor of production rather than as business partners. So the necessary reconstruction of freedom of association rights for workers with social justice based values to create a harmonious industrial relations. A reconstruction model using prismatic law, which took a good system of capitalistic model and the socialist model and the model adapted Pancasila industrial relations with the values of Indonesian.Keywords : Reconstruction, Freedom Right of Association, trade unions, justice

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