scholarly journals DASAR PERBURUHAN DAN IMPAKNYA TERHADAP PERGERAKAN KESATUAN SEKERJA DI MALAYSIA: SATU KAJIAN AWAL

Author(s):  
Mahadirin Ahmad ◽  
Kee.Y.Sabariah Kee Mohd Yussof ◽  
Noor Syakirah Zakaria

Perkembangan pergerakan buruh dan senario hubungan industri di Malaysia telah bermula sejak tahun 1920-an lagi yang turut dipengaruhi oleh dasar pentadbiran British di Tanah Melayu. Sejak detik itu, kesatuan sekerja terus berkembang di Tanah Melayu dan mengalami proses perubahan kesan tindakan kawalan dan pelbagai sekatan termasuklah pengenalan Undang-undang Darurat pada Tahun 1948.Dasar kawalan dan sekatan tersebut terus diamalkan sehingga negara mencapai kemerdekaan pada tahun 1957. Berdasarkan tinjauan terhadap sorotan literatur, terdapat berbagai perubahan tertentu mengenai dasar perburuhan mengikut kepimpinan tertinggi negara iaitu Perdana Menteri yang turut mempengaruhi sistem hubungan industri di Malaysia. Sejak kemerdekaan dicapai, pemimpin atau Perdana Menteri Pertama di Malaysia iaitu Tunku Abdul Rahman telah mencorakkan sistem hubungan industri yang berubah dari sistem voluntary kepada corak compulsory arbitration melalui penguatkuasaan Akta Perhubungan Perusahaan, 1967. Manakala perubahan telah berlaku pada zaman pemerintahan Perdana Menteri kedua, iaitu Tun Abdul Razak yang telah memperkenalkan sistem akomodatif antara kesatuan sekerja dan majikan. Perubahan seterusnya berlaku pada tahun 1976 apabila Tun Hussien Onn telah menggubal dasar perburuhan yang lebih ketat ke atas pergerakan kesatuan sekerja. Perubahan terus berlaku melalui kepimpinan baru pada tahun 1981 di bawah pentadbiran Tun Dr. Mahathir Muhammad yang telah memperkenalkan pelbagai dasar bagi menyokong proses perindustrian negara. Antaranya ialah Dasar Pandang ke Timur yang telah menggalakkan kewujudan kesatuan sekerja dalaman. Selain itu, penggunaan Akta Keselamatan Dalam Negeri (ISA) turut diperluaskan bagi mengawal pemimpin kesatuan yang cenderung bersifat konfliktual. Perubahan seterusnya berlaku pada era pentadbiran Tun Abdullah yang memperkenalkan corak pentadbiran Islamik melalui amalan Islam Hadari sejak tahun 2003. Peringkat seterusnya adalah di bawah pentadbiran Datuk Seri Mohd. Najib Tun Abdul Razak yang memperkenalkan program transformasi negara dan konsep 1 Malaysia sejak tahun 2009. Peringkat terkahir ialah pada era Malaysia Baharu di bawah Pentadbiran Tun Dr. Mahathir Mohammad setelah kemenangan Pakatan Harapan dalam Pilihanraya Umum ke-14 pada tahun 2018. Berdasarkan senario tersebut, kertas kerja ini menjelaskan perubahan dasar kerajaan serta tahap penerimaan pergerakan kesatuan sekerja sepanjang era pemerintahan keenam-enam Perdana Menteri Malaysia. Akhirnya, analisis perubahan tersebut dibincangkan berkaitan implikasinya terhadap kelangsungan kesatuan sekerja yang turut mempengaruhi corak hubungan industri di Malaysia.   The development of the labour movement and the industry relations scenario in Malaysia began in the 1920s, which were influenced by the British administration policies in Malaya. Since then, the trade unions continued to grow in Malaya and experienced a process of change because of the control measures and various restrictions including the Emergency Law in 1948. The policies and controls were practiced until the country gained independence in 1957. Based on the literature review, there are certain changes in the labour policy based on the country’s highest leadership, the Prime Minister, which also affects the industrial relations system in Malaysia. Since independence, the leader or the first Prime Minister of Malaysia, Tunku Abdul Rahman had shaped the industrial relations system from a voluntary system to a compulsory arbitration through the enactment of the Industrial Relations Act, 1967. Meanwhile, changes have taken place during the reign of the second Prime Minister, Tun Abdul Razak, who introduced the accommodation system between the trade union and the employers. The next change occurred in 1976 when Tun Hussein Onn drafted a more stringent labour policy on the trade union movement. Change continued through the new leadership in 1981 under the administration of Tun Dr. Mahathir Muhammad who introduced various policies to support the country's industrial process. Among them is the Look East policy that promotes the existence of internal trade unions. In addition, the use of the Internal Security Act (ISA) has also been extended to control union leaders who tend to be conflicted. The next change occurred in the era of Tun Abdullah’s administration, which introduced the Islamic administration pattern through Islam Hadari practices since 2003. The next stage is under the administration of Datuk Seri Mohd Najib Tun Razak, who had introduced national transformation and the 1 Malaysia concept. The final stage is in the New Malaysia era under the leadership of Tun Dr Mahathir Mohammad after Pakatan Harapan’s 2018 victory in the 14th general election. Based on these scenarios, this paper aims to explain the changes in the government policies, and the level of acceptance of the trade unions during the reign of all the six Prime Ministers. Finally, the analysis of these changes will be discussed in terms of their implications on the sustainability of trade unions that influences the pattern of industrial relations in Malaysia.        

2010 ◽  
Vol 201 ◽  
pp. 104-124 ◽  
Author(s):  
Feng Chen

AbstractAlthough the Chinese government has claimed to be pursuing tripartism for labour relations, the non-judicial resolution of interest conflict in enterprises is largely a process of quadripartite interaction. In addition to the government and employers, the trade unions and workers are separate players: labour strikes in China are always launched by unorganized workers rather than by trade unions, whose task is to defuse the situation. Such a quadripartite process is dominated by the government, with the trade union playing a mediating role, not only between workers and the government but also between workers and employers. The process involves certain explicit and implicit rules, as well as distinct dynamics. This research examines the institutional and social basis of quadripartite interaction and how it led to the settlement of strikes. It demonstrates that although it can effectively defuse workers' collective action, a quadripartite process of conflict resolution reflects a low degree of institutionalization of industrial relations in China.


Subject French trade unions. Significance French trade unions have found themselves at the centre of a continuing and powerful social movement against the labour reform proposed by the government under President Francois Hollande and Prime Minister Manuel Valls. However, the strong opposition is not just driven by the content of the reform but also by the power struggle among trade unions which are now split into 'reformist' and 'non-reformist' camps. Impacts The division between trade unions is likely to lead to a radicalisation of the non-reformist unions with violent strikes continuing. The government will be held responsible for the lock-down, which will weaken Hollande's re-election bid further. The labour reform dispute could relegitimise non-reformist trade unions in the long term, complicating future reform attempts.


2015 ◽  
Vol 15 (2) ◽  
pp. 4 ◽  
Author(s):  
Michael Anderson ◽  
Thomas Brauns

<em>The Liberal National Party (‘LNP’) won 78 out of a possible 89 seats in Queensland’s 2012 state election. Facing a budget blowout, the new Government soon used its control of the state’s unicameral parliament to implement a contentious public sector reform agenda. The LNP’s amendments to Queensland’s employment laws struck at the very heart of many of the accepted ‘ground rules’ of industrial relations. Perhaps most signif-icantly, the Government used its parliamentary majority to remove job security commit-ments given to public servants, paving the way for the loss of thousands of jobs. This paper sets out the key industrial relations reforms adopted by the LNP. The authors dis-cuss the Government’s rationale for the changes, and the reaction from Queensland’s trade union movement. The article concludes with some general observations about the changes adopted during the LNP’s term of Government; a period which will undoubtedly be remembered as a controversial part of Queensland’s industrial relations history.</em>


1980 ◽  
Vol 22 (4) ◽  
pp. 453-475 ◽  
Author(s):  
Michael Wright ◽  
Nixon Apple

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.


2021 ◽  
Vol 12 (Number 2) ◽  
pp. 1-21
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod

The notion of social justice in Islam requires fairness in allocating and distributing goods to all members and groups in society. In the context of employment, an employer is required to treat all workers equally and pay their dues suitable with their skills and capabilities. A trade union is an important component under the tripartite system of industrial relations that is imperative in representing workers to demand or improve their working conditions. Although there is legal recognition accorded to trade unions in Malaysia, various state-imposed restrictions have curtailed trade union actions in representing workers for better and equal treatment at the workplace. This paper examined whether the current trade union legal framework in Malaysia is in concord with the Islamic principles of social justice. The objectives of this research are two-fold: first, to examine the principles of social justice in Islam and second, to integrate Islamic principles of social justice into the Malaysian trade union legal framework. In order to fulfil the objectives of this study, it employed the literature research method and referred to Islamic texts (the Quran and hadith). The study has revealed that the restrictive legal system of trade unions in Malaysia contradicts the concept of social justice as embodied in Islamic principles. Therefore, there should be amendments to the legal framework of trade unions in Malaysia to guarantee the exercise of full rights of trade unions in the state and ensure consistency with shariah.


Author(s):  
Kenneth E. Parku ◽  
Yvonne Ayerki Lamptey

The practice of trade union pluralism at an enterprise level is seen as problematic for both the management of enterprises and the trade union movement. The problems arise from inter-union rivalries, competition and disputes over demarcations of privileges and rights. This article explores the practice of trade union pluralism at the enterprise level in Ghana with the aim of creating awareness of the effect of the practice on the general trade union movement. This qualitative study employed a cross-sectional design and used purposive and snowball sampling methods in selecting the participants. The data was analysed thematically. The findings from the study show that union pluralism is stimulating the decline in general union membership, the breakaway of local unions from the federations, and employers’ classification of workers based on their qualifications once they are employed by organisations, and their assignment to specific unions (automatic membership at enterprise level). It is suggested that employment laws encourage union breakaways, which weakens the unions especially at the enterprise level. It is recommended that the state, labour officials and policy-makers should enforce labour laws, especially regarding freedom of association, and consider revisiting or amending some labour laws to curb their abuse. The government and labour institutions need to work together to operationalise the implementation of legal provisions on freedom of association or consider amending the provisions to curb the existing abuse.


Author(s):  
Cécile Guillaume

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.


1997 ◽  
Vol 8 (1) ◽  
pp. 22-43 ◽  
Author(s):  
Seoghun Woo

This paper argues that the future direction for the development of Korean industrial relations will evolve through direct interaction between employers and trade unions (either conflictual or cooperative). The government is likely to play a less interventionist role in industrial relations, compared with the past, and to adopt the role of mediator between unions and employers. Characteristics of Korean industrial relations during the pre- 1987 period is firstly examined; four major factors are used to explain the industrial relations practice during this time. Changes after 1987 are also considered. Special consideration is given to interaction between the environment and the three major industrial relations participants, and the interactions between them. Both macro and micro aspects of industrial relations are examined. The special Presidential Address (26/04/1996), known as New Conception of Industrial Relations, is also analysed in terms of its implications for future industrial relations issues in Korea.


2014 ◽  
Vol 4 (2) ◽  
pp. 99-118
Author(s):  
Sergejs Stacenko ◽  
Biruta Sloka

AbstractThe article will show major dimensions in the experience of EU Member States that could be shared with the Eastern Partnership (EaP) countries. The framework of the study is the EU concept of trade unions in social dialogue and social partnership in the public sector. This study outlines the concept of social dialogue as a core element of industrial relations and will focus on industrial relations specifically in the public sector. The authors have elaborated the approach to industrial relations and social dialogue taking into account comparative approach to definitions provided by international institutions such as ILO and OECD, as well as institutions in the EU and Latvia. Latvia is also a case study for Eastern Partnership countries as these countries and their trade unions are in a transition period from socialist structures to structures that possess liberal economies. Trade unions in these countries are members of the International Trade Union Confederation. The major transformation that trade unions underwent from being part of the socialist system and becoming an independent institution since Latvia regained independence in 1991 has been studied. The paper discusses the current developments related to the position of Latvian Free Trade Union Federation in the system of decision-making process related to the public administration management. Finally, the prospective role of trade unions in the EU and in Latvia is analysed and possible revitalisation of trade union is discussed. This approach could be applied to the Eastern Partners of the EU.


2001 ◽  
Vol 6 (3) ◽  
pp. 227-257
Author(s):  
Denis Gregory

‘Partnership’ is a word that crops up with increasing frequency in government, trade union and management circles in the UK. For many it neatly embodies both the practice and sentiment of the so-called ‘third way’. In the workplace, a partnership approach to industrial relations has been offered as a neo-pluralist alternative to the unitarism of Human Resources Management. The Trades Union Congress (TUC) is an active proponent of partnership and the government has created a fund to support the development of partnership at the workplace. This article sketches some theoretical underpinning for the practice of partnership. To shed some light on the prospects for partnership it draws on recent UK experience and includes a case study of the development of a partnership between UNISON, the UK’s largest trade union, and Vertex Data Sciences, one of the fastest growing call centre operators in the UK.


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