The labour movement's biggest challenge now is to reclaim the freedom to organise itself and enter work contracts on its own terms, said a human rights activist.

Lawyer-politician R Sivarasa said labour should try to emulate how capital works in a free market, especially the free movement of capital.

"It's time you (trade unions) reclaim your basic right or freedom to choose the way you want to organise at the workplace," he told participants at a three-day seminar on labour issues and globalisation in Subang Jaya.

"Use the popular catchphrases but dictate your own content. Show a willingness to cooperate and make sure it is on your own terms."

He said labour should do as the capital does by befriending the political movement and joining a partnership with company stakeholders.

"It is not enough to discuss only the technicalities of labour issues such as laws and rules in light of globalisation.

"The current worrying trend still sees labour fighting shackled with one arm tied behind its back."

Matching the terms

He believes that the only way for labour to benefit from future changes, especially the impending wave of globalisation, is to reclaim the basic freedoms.

Sivarasa, a lawyer who have represented workers in court cases, said a renewed struggle for basic freedoms was necessary given the fact that employers are claiming the freedom to do business as they see fit to make profits.

"The freedom enjoyed by employers must be matched by the terms of the labour movement. For example, labour should engage with the political structure just as capital does."

"This is because the laws are restrictive, the state is no better and the courts may be of little help, not to mention costly and time-consuming.

He said this leaves the ball in the court of the labour movement.

"Nothing will change until and unless you decide which way to go from here," he said.

Lack of discourse

Malaysian Trades Union Congress (MTUC) secretary-general G Rajasekaran agreed with Sivarasa's description of the labour movement's struggles as "shackled".

"It would appear that employers are also colluding with the government in employing delay tactics, especially in initiating legal action.

"When there is a dispute, unions are told not to strike or picket although that is provided by law," he said.

"Instead, they want unions to take legal action against errant employers because the government refuses to dirty its hands.

"We are advised to pursue for wrongful dismissal, for example, but this lasts anywhere between three and six years, even with simple facts."

Trade unions are generally worried that globalisation will sweep everything into a mad rush for capital and profit, leaving the underprivileged working class lagging behind in its wake.

There are also major concerns over the total lack of discourse on the social dimensions of globalisation, which involves cross-border movement of labour and related issues.

The three-day seminar jointly organised by the MTUC and Norwegian Confederation of Trade Unions is participated by representatives from various government agencies, academia, trade union leaders, lawyers and special interest groups.