Workers in the public sector, long denied access to a collective bargaining mechanism, may consider reclaiming their right under Convention 98 of the International Labour Ordinance (ILO).
Public Services International (PSI) secretary Anne Khoo Swee Sim said that although the government had ratified the ILO convention in 1948, "it has not fully complied" with the provisions.
PSI is a federation of over 500 unions worldwide. Many of the Malaysian public sector unions are affiliated to the Congress of Unions of Employees in Public and Civil Services (Cuepacs), the umbrella body for about 140 such unions.
Khoo, who is secretary-general of the 12,000-strong Malaysian Nurses Union, said this was among the unions affected by the "no negotiation" system.
She said that public sector employees should be made aware of such rights, which "have been taken away from us".
"We want to create awareness. We are seeking, not demanding (this right). We want to have a say and be able to negotiate for what we want," she told malaysiakini .
Public services unions worldwide are facing new challenges with continued privatisation of the government services.
In Malaysia, some 950,000 civil servants mainly in essential services like education, medicine and transportation are not protected by labour laws. The Employment Act 1951 applies only to private sector employees.
Despite having the right to form unions, public sector workers have no opportunity for negotiation pertaining to their welfare or salaries through a collective agreement (CA).
'Increase awareness'
Former Cuepacs secretary-general AH Ponniah said unions must initiate efforts towards campaigning for CAs "if they do not want to be left behind".
"It is about increasing awareness. They must be some change, some reform. These unions have been in a slumber for some time. I wonder if they are aware of their rights anymore. We need to get the thinking process going," he said.
"There is no point in agreeing with what the prime minister says all the time. Union leaders have become so comfortable about this that they have begun to think alike. Their members must now wake up and demand their rights."
In 1979, the government established the Workers Consultative Council (WCC), a tripatrite body linking Cuepacs, the government and employers, to "discuss and negotiate" terms and conditions of civil-service employment.
Since then, public sector unions have foregone their right to collective bargaining. The role of the unions has thus far been relegated to "submitting petitions", leaving it up to the government to consider their proposals.
Unions from this sector were once the most vocal proponents of workers' rights. In 1961, for instance, the Railwaymen's Union of Malaya organised a strike to demand monthly wages, while in 1967, the National Teachers' Union staged a walkout from classes over a similar issue.
However, in 1969, trade union laws were amended to prevent workers in essential services from calling strikes.
However, Cuepacs deputy president Abdul Noordin Abdul Hamid said the WCC's role has been "satisfactory" in dealing with the welfare of members.
He said the council's co-ordinating committee meets once a month and that the WCC convenes yearly to decide on issues related to the workers.
"The council is our highest platform and so far, we have been satisfied with the way it is handled," he told malaysiakini .
"The Prime Minister's (Dr Mahathir Mohamad) way is very clear - he is open-minded and prefers discussion. To him, aggressiveness is not the way to settle problems."
