Trade unions can heave a sigh of relief now that regulations under the newly amended Industrial Relations Act 1967 are in place.

Industrial Relations Department (IRD) director-general Md Yunus bin Razzaly gave an assurance that all workforce-related problems would be addressed accordingly.

Regulations which were gazetted on Oct 8 allow for an 'undi sulit' (secret ballot) to be held to enable workers to vote in favour of or against the unions.

IRD officers will be present to observe the whole process that would be held within the premises of the companies.

Md Yunus said that issues relating to "union recognition or voices of the majority" would not arise when a collective agreement between the employee, workers and union has been made.

He added that under the new regulations, the IRD could close any cases of unlawful dismissal if the complainant does not attend the hearing fixed by IRD.

"Many workers file cases of wrongful dismissal but do not turn up when they are summoned for the proceedings.

"Last time, the IRD could not close (cases), causing massive backlog in cases. With this new regulation, we can close the case if it remains unheard," he said.

mtuc cawp water tariff pc 171006 g rajasekaran He added that a copy of the regulation has been given to all IRD staff but the unions and employees would have to wait for the government's print office to distribute.

Earlier, MTUC secretary general G Rajasekaran told Malaysiakini that employers' claims submitted after 2008 could not be processed by the IRD due to the absence of regulations.

He said that the topmost priority for the IRD now is to ensure that it immediately processes and approve the claims.

He lamented that no discussions could be held between unions and employees for the past 20 months to review workers' wages, bonuses and annual leave.

"Union recognition is crucial. Workers in more than 98 companies are affected by this," he said.

Under the Industrial Relations Act 1967, recognition of the union is prerequisite to enable negotiations on the terms and conditions of employment between the employer and union.

MTUC has 260 affiliated unions with 90 recognition claims currently pending.

Rajasekaran said that the unions have yet to get a copy of the regulations and expressed disappointment that IRD did not consult them when the final draft of the regulations were inked.

"The final draft was not shown to us although we were consulted almost two years ago during the first drafting.

"We also do not know what changes were made after it has gone though the attorney-general's (AG) office. This is unfair," he said.

Md Yunus refuted this allegation, saying that he had arranged for a meeting with the unions and employers prior to submitting the draft to the AG.

"I chaired the meeting," he said.