An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework

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 bargainin...

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Main Authors: Abd Razak, Siti Suraya Abd Razak, Nik Mahmod, Nik Ahmad Kamal
Format: Article
Language:English
English
Published: IIUM Press, International Islamic University Malaysia 2019
Subjects:
Online Access:http://irep.iium.edu.my/79510/
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http://irep.iium.edu.my/79510/1/79510_AN%20ANALYSIS%20OF%20THE%20GOOD%20FAITH%20_article.pdf
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spelling iium-795102020-03-10T07:21:48Z http://irep.iium.edu.my/79510/ An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework Abd Razak, Siti Suraya Abd Razak Nik Mahmod, Nik Ahmad Kamal K Law (General) K623 Civil Law 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 practicesinthe Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practicesinAustralia and New Zealand have improved the oddsfortrade 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’sindustrial relations law framework. IIUM Press, International Islamic University Malaysia 2019 Article PeerReviewed application/pdf en http://irep.iium.edu.my/79510/1/79510_AN%20ANALYSIS%20OF%20THE%20GOOD%20FAITH%20_article.pdf application/pdf en http://irep.iium.edu.my/79510/2/79510_AN%20ANALYSIS%20OF%20THE%20GOOD%20FAITH%20_wos.pdf Abd Razak, Siti Suraya Abd Razak and Nik Mahmod, Nik Ahmad Kamal (2019) An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework. IIUM Law Journal, 27 (2). 501 -524. ISSN 0128-2530 E-ISSN 2289-7852 https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/455/255
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic K Law (General)
K623 Civil Law
spellingShingle K Law (General)
K623 Civil Law
Abd Razak, Siti Suraya Abd Razak
Nik Mahmod, Nik Ahmad Kamal
An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework
description 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 practicesinthe Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practicesinAustralia and New Zealand have improved the oddsfortrade 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’sindustrial relations law framework.
format Article
author Abd Razak, Siti Suraya Abd Razak
Nik Mahmod, Nik Ahmad Kamal
author_facet Abd Razak, Siti Suraya Abd Razak
Nik Mahmod, Nik Ahmad Kamal
author_sort Abd Razak, Siti Suraya Abd Razak
title An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework
title_short An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework
title_full An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework
title_fullStr An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework
title_full_unstemmed An analysis of the good faith bargaining practice in the trade union recognition process: reform of the Malaysian trade union legal framework
title_sort analysis of the good faith bargaining practice in the trade union recognition process: reform of the malaysian trade union legal framework
publisher IIUM Press, International Islamic University Malaysia
publishDate 2019
url http://irep.iium.edu.my/79510/
http://irep.iium.edu.my/79510/
http://irep.iium.edu.my/79510/1/79510_AN%20ANALYSIS%20OF%20THE%20GOOD%20FAITH%20_article.pdf
http://irep.iium.edu.my/79510/2/79510_AN%20ANALYSIS%20OF%20THE%20GOOD%20FAITH%20_wos.pdf
first_indexed 2023-09-18T21:51:32Z
last_indexed 2023-09-18T21:51:32Z
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