THE latest amendment to Industrial Relations Act 1967 in Parliament is great achievement for workers and the country as whole after great struggle against the authoritarian neo-liberal policies of previous Barisan Nasional Government, which in cohort with self-serving employers suppressed workers’ rights to freedom of association and conspired to muzzled trade union movement.
Even though the latest amendments have shortcomings in terms of holistic proposals, the fact that the Human Resources Ministry decided to transform the vertical decision making to a horizontal process that empowers, workers, unions and courts augurs well for the future of work.
The master-servant relationship, which was the vertical core of industrial relations behaviour of the past have been loosened.
Tripartite relationships, which were mere formality in the past, have been given a new life.
In this new age of digital economy, the power of horizontal relationship or networking has become critical to reduce poverty and inequality.
Towards this end, the current mode of thinking of MEF and MTUC, which is more to do with self-preservation is the antithesis to the future of work.
It is puzzling that both of them are together in opposing the amendments to the Industrial Relations Act, which is rooted in the old mode of thinking based on elite control and initiative.
Their effort to torpedo this amendment in the senate, betrays future development of the country in terms labour empowerment.
The new amendment – in taking away ministerial powers to decide cases in industrial court and workers can be represented by anyone besides lawyers – and the amendments that establishment of trade unions will no longer be confined to trade, industry or occupation, meets the futuristic context of a digital economy.
The current asymmetric context of industrial relations has been removed and industrial courts have been empowered.
There are three factors of significant in this latest amendment.
Firstly, in the current reality of digitalisation, artificial intelligence and the gig economy, workers could become fragmented due to concentration of monopolistic power of large capitalists, who could use and control this intelligence and create bargaining powers that are lopsided or bring about specialised technologies that serves profits rather than human development.
It is in this context that horizontal power of workers is needed without any need to go about an elite system of trade unionism.
There is need of more unions in this country to bargain in equal terms with employers. The requires unions of agility and flexibility rooted in horizontal relationships.
Second, the existence of more unions would help in integrating society that is mired by ethnic and religious issues.
Currently, the ethno-religious politicians tend to divide Malaysians through ethnic rhetoric for political purposes, when in fact a strong multi-ethnic worker trade union movement that cares more about socio-economic progress would help neutralised this.
A strong multi-ethnic workers’ movement would challenge the ideology of ethno-religious leaders who tend to weakened the people bargaining power by playing the race or religion card.
Third, workers in the age of digital economy should play a role as responsible consumers, rejecting any products that have effect on the environment.
In the future of work, we need trade unions that are safety and environmentally conscious, and able to integrate their struggle with the preservation of the environment.
There is need for labour-environmental movement that would challenge the existing neo-liberal ideology that places profit over human dignity and development and pollutes the environment that contributes to climate change.
Therefore, a new horizontal approach in industrial relations in dealing with complex workers issues, is made possible with this amendment.
A new chapter in industrial relations has emerged in a broader struggle of workers’ rights.
* Ronald Benjamin is secretary of the Association for Community and Dialogue.
* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.
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