On the occasion of UN’s recent Human Rights Day, the Malaysian Trade Unions Congress (MTUC) calls for a greater recognition and respect of workers’ rights in Malaysia. This year, the theme determined by the UN was non-discrimination.

MTUC specifically calls for the end of all forms of discrimination against workers in Malaysia.

Unions are essential for the promotion and protection of rights of workers, especially in the struggle for justice against the employer. Workers standing together as a union are less likely to be taken advantage of and/or exploited by their employers.

The right to unionise is specifically provided for in Article 23(4) and specifically provides that ‘(4) Everyone has the right to form and to join trade unions for the protection of his interests.’

One of the reason for the current state of affairs is the Malaysian government which has been more pro-business and hence has not actively encouraged and promoted unions in Malaysia. As an example, we have section 26(1A) of the Trade Unions Act 1959, which states, ‘No person shall join, or be a member of, or be accepted or retained as a member by, any trade union if he is not employed or engaged in any establishment, trade, occupation or industry in respect of which the trade union is registered…’.

Workers join unions so that they can be protected by their unions when their rights are violated by their employers. The above provision automatically deprives the worker of the assistance and benefits of being a union member when the worker’s most fundamental right has been violated, that is the worker’s right to employment with that particular employer.

This provision also impedes unions from continuing to fight for the wrongfully dismissed worker. It is provision that certainly does not promote unions, or the need to form and join unions. MTUC reiterates its call for the immediate repeal of section 26(1A) of the Trade Unions Act 1959.

Malaysia must stop discriminating against workers in favour of employers, and should actively promote unions at every workplace. This should be a key objective of the Malaysian government to ensure that human rights of all workers are protected.

MTUC also calls for an end of discrimination of workers based on whether they are public servants or workers in private companies. For workers in the public sector, the Malaysian government has a lot of benefits including free healthcare.

As an example, public servants and their dependents enjoy free heart treatment at the National Heart Institute (Institut Jantung Negara – IJN), whilst other workers will have to pay astronomical sums, which many a time is beyond the worker’s means.

Malaysia should ensure that all workers and in fact all persons in Malaysia, are entitled to free universal healthcare and other essential benefits. MTUC also calls for the end of all forms of discrimination against all workers in Malaysia be they local or migrant, documented or undocumented.

MTUC calls for an end of discrimination of workers currently being practiced based on whether they are workers in public sectors or private sectors. MTUC calls for equal rights for all workers, and the repeal of Item 2 of Schedule 2 of the Employment Act 1955, that currently denies basic worker rights for some classes of workers including domestic workers.

MTUC calls for an end of the pro-business pro employer policies and stance of the Malaysian government and for the Malaysian government to adopt a pro-worker, pro-union position that will necessarily benefit the majority of workers in Malaysia and their dependents, and balance out the effects of past discrimination against workers.

The writer is president, Malaysian Trades Union Congress.