Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Malaysia (Ratification: 1961)

Article 1 of the Convention. Adequate protection against anti-union discrimination of public servants not engaged in the administration of the State. In its previous comments, the Committee observed that section 52(1) of the Industrial Relations Act (IRA) excludes public servants from the application of Parts II to VI of the IRA, including from the provisions on the protection against anti-union discrimination. It noted however that section 52(3) of the IRA establishes the possibility to extend the application of Part VI (unfair dismissal) to such statutory services as prescribed by Ministerial Order, after consultation with the relevant statutory authorities.

The Committee notes that according to the written information provided by the Government prior to the 2025 discussions in the Committee on the Application of Standards of the International Labour Conference (the Conference Committee), consultations had confirmed that all statutory bodies already have internal mechanisms under their enabling Acts to address dismissal matters, many of which reflect the protections in Part VI of the IRA. The Government also indicated that dedicated bodies under these Acts are empowered to hear and determine industrial disputes and operate in parallel to the Industrial Court. The Committee notes that the Government also indicated that the Attorney General’s Chambers advised against extending the application of Part VI of the IRA to other statutory bodies to avoid potential juridical overlaps. The Committee notes that the Government recognizes the need for legislative alignment to ensure clarity and consistency across public sector frameworks and indicated that the issue remained under active review. The Committee requests the Government to provide information on any steps taken to ensure clarity and consistency across public sector frameworks regarding protection against anti-union discrimination of public servants not engaged in the administration of the State.In the meantime, it also requests the Government to provide information on the applicable legislation governing the different statutory bodies, as well as its application in practice.