12 See Paul Weiler, “Reconcilable Differences: New Directions in Canadian Labour Law,” Carswell Toronto, 1980, 25; John Pencavel, “The legal framework for collective bargaining in developing economies” (1996) to 10. 53 Menteri Sumber Manusia v. Association of Bank Officers, Peninsular Malaysia (1999) 2 M.L.J. 337 indicates that workers employed in management positions negotiate unions exclusively of their type. However, the case also indicates that the notion of “executive capacity”1 is well defined, contrary to the ILO`s position. In this case, the promotion of bank receptionists and cashiers to the position of “internal civil servant” removed them from the realm of membership in the National Union of Banking Employees and brought them into the herd of a union of executive civil servants. 11 Cf. the ILO Declaration on Fundamental Principles and Rights at Work of 1998. See also Agreement No. 154 on the Promotion of Collective Bargaining; the Convention was adopted in 1981. This Convention shall not be alongside Convention No. 98.
The aim of its adoption was to encourage Member States to redouble their efforts to achieve the objectives that belonged to the old instruments of freedom of association. Collective bargaining is the best way to achieve a cordial relationship between employers and workers. It is also an effective forum for agreeing on working and employment conditions. To achieve these objectives, labour relations systems in a country must provide a legal mechanism for the parties to negotiate collective agreements with a view to concluding a collective agreement. The ILO has adopted a Convention that provides a framework for member States to adopt laws that would facilitate such a mechanism. In this context, Malaysia has passed the Industrial Relations Act 1967, which provides, inter alia, for a collective bargaining mechanism. In this article, we discuss the extent of Malaysian workers` right to bargain collectively in the context of ILO standards. In this regard, we argue that, despite the available legal mechanism, which facilitates collective bargaining between the two parties, Malaysian workers and their unions find it difficult to negotiate with their employers. 66 See the detailed observations of the Committee of Experts on the Application of Conventions and Recommendations in the documents relating to Malaysia available from ILOLEX.
However, the ILO Committee seems to have some prerogatives (such as dismissal or transfer) rather than others (e.g.B. to track the assignment of certain tasks). According to the report, “while a collective agreement would not normally deal with isolated cases of transfer, dismissal and reinstatement, it should be possible, for example, to include general criteria and procedures on these issues, as is often found in many countries in collective agreements. The Committee urges the Government to amend the legislation in order to bring article 13, paragraph 3, into conformity with the Convention. 31 See Ozaki, M., “Labour relations in the public service: Method of determining employment conditions,” (1987) 126 International Labour Review 286. In particular, keep in mind Ozaki`s definition of the civil service, a term that he says “refers to all levels of public administration (provinces and national institutions) and includes public education, the postal service and public health services, but excludes national railways and all other public enterprises or bodies.” Note that the definition of “public service”, as given in a given country, is essential for determining the extent of exclusion of civil servants from collective bargaining in that country. . .