Trade unions are the most effective organization for protecting workmen from exploitation by

employers, and for promoting economic interests of employees. In section 2 of Trade Union Act
(TUA) 1959 , trade union or union means any association or combination of workmen or
employers, being workmen whose place of work in West Malaysia, Sabah or Sarawak as the case
may be, or employees employing workmen in West Malaysia, Sabah or Sarawak, as the case may be
a) within any particular establishment, trade, occupation or industry or within any similar
trades, occupations or industries , and
b) whether temporary or permanent, and
c) having among its objects one or more of the following objects :-
i. the regulation of relations between workmen and employers for the purpose of
promoting good industrial relations between workmen and employers, improving
the working conditions of workmen or enhancing their economic and social status,
or increasing productivity
ii. the regulation of relations between workmen and workmen, or between employers
and employers
iii. the representation of either workmen or employers in trade disputes
iv. the conducting of, or dealing with, trade disputes and matters related thereto
v. the promotion or organisation or financing of strikes or lock-outs is any trade or
industry or the provision of pay or other benefits for its members during a strike or
lock-out
The trade union may help the employees and give the big impact to their work environment. Every
workers in Malaysia have the right to form and join trade union which is governed under section 5 of
Industrial Relations Act (IRA). When the private sectors employees face the problems with their
employer at their workplace, they may make a report to the their union or if there is no union that
represent them , they can form trade union to represent them. However , there are a few steps that
need to be follow by the workers to form a trade union. The first step to form a trade union is the
workers must apply to the Director-General of Trade Unions for registration within one month of
establishing the union which is stated under section 7 Trade Union Act(TUA) . Under section 8 Of
TUA, the period of one month be insufficient, they may request for an extension of up to six months
can be made to the Director-General. The application must include the name of the union and its
address, names, ages, addresses and occupations of the unions officers as stated under section 10
of TUA. Section 12 of TUA is about registration. The Director-General may, upon receiving any
application under section 10, and subject to this section, register the trade union in the prescribed
manner. The Director-General, on registering a trade union under section 12 shall issue to the trade
union a certificate of registration in the prescribed form and that certificate, unless proved to have
been cancelled or withdrawn, shall be conclusive evidence for all purposes that the trade union has
been duly registered under this Act . It is stated under section 12 of TUA. When the union get the
certificate from the DGIR , so now they have been considered as a legal union.
After the registration has been done and already been considered as a registered union , the union
must get the recognition from the employer. When an employer recognises a trade union, it means
that the employer concedes that the union is the legitimate representative of his workers and has
right to speak on their behalf. If the union cannot get the recognition from the employer ,
automatically that union cannot represent their members.
What they must do is fills out a Claim for Recognition Form and present it to the employer. A copy of
the form will also be forwarded to the Director-General of Industrial Relations. In that form , it
requires the union to state its name and address and specify the workers for whom the union is
requesting recognition. A copy of the unions constitution must also be included. After that. The
employer receiving such a claim must reply within 21 days.