The Industrial Relations (Amendment) Regulations 2025 [P.U.(A) 153/2025] (“IRAR 2025”) came into force on 15 May 2025, introducing significant revisions to the Industrial Relations Regulations 2009 (“IRR 2009”). These latest changes aim to streamline union recognition procedures, enhance the resolution of workplace disputes, and clarify processes related to secret ballots and dismissal representations.
Key Amendments to the Industrial Relations Regulations 2009
The IRR 2009, as amended by the IRAR 2025, introduces significant procedural and substantive changes. The following are among the key changes made:
- Regulation 4 of IRR 2009: Mandatory recognition of trade unions within the scope of their constitution
- Regulation 8(1) of IRR 2009: Clarification of regulatory cross-reference for accuracy and consistency
- Regulation 13D(1A) and 13D(1B) of IRR 2009: Automatic exclusion of trade unions that fail to participate in secret ballot proceedings
- Regulation 13GA of IRR 2009: Shortened the timeframe to justify absence from the final conciliation meeting from 60 days to 30 days
- Forms FG, FH, FI, H under Schedule to IRR 2009: Amendments to prescribed forms (FG, FH, FI, H) to reflect updated procedures and legal references
- Amended Form H under Schedule to IRR 2009: Shortened the timeframe to justify absence from final conciliation meeting from 60 days to 30 days
Mandatory Recognition of Trade Unions
Regulation 4 of the Industrial Relations Regulations 2009 has been replaced to impose a duty on employers and trade unions of employers to voluntarily recognize a trade union of workmen once they are satisfied that the union’s scope of representation is in line with its constitution.
Following this, the employer or trade union of employers must notify the Director General of Industrial Relations (“DGIR”) by submitting Form AA within 14 days from the date of recognition.
This amendment effectively limits the employer’s ability to refuse recognition, which is now only permitted if the scope of representation falls outside the trade union’s registered constitution. It reflects a policy shift towards mandatory recognition in constitutionally compliant cases.
Clarification to Regulation 8(1)
IRAR 2025 amends Regulation 8(1) of the Industrial Relations Regulations 2009 by replacing the phrase “memberikan arahan di bawah perenggan 6(b)” with “telah bertindak di bawah peraturan 6”.
This amendment clarifies the regulatory cross-reference to ensure consistency with the structure and wording of IRR 2009. This amendment improves accuracy in procedural interpretation.
Automatic Exclusion of Non-Participating Trade Unions
Regulation 13D of the Industrial Relations Regulations 2009 has been amended to include new sub-regulations 13D(1A) and 13D(1B).
Under sub-regulation 13D(1A), a trade union that either:-
(a) fails to attend a secret ballot meeting on two separate occasions; or
(b) declares that it does not wish to participate in the determination of sole bargaining rights,
will be deemed uninterested and excluded from the process.
Sub-regulation 13D(1B) provides that where only one trade union remains following such an exclusion, the DGIR may grant that last standing union the sole bargaining rights by issuing Form FI, without the need for a secret ballot.
This provision streamlines the determination process and prevents procedural delays caused by non-participating unions.
Tie-breaking Mechanism in Secret Ballots
A new Regulation 13GA has been introduced to govern situations where a secret ballot results in a tie between two or more trade unions.
Under Regulation 13GA(1), the union with the highest number of votes in the initial ballot will be granted sole bargaining rights. In the event of a tie under Regulation 13GA(2), the DGIR must conduct one or more additional secret ballots until one union obtains the highest number of votes.
Regulation 13GA(3) further provides that:
- The DGIR shall determine the date, time, and venue of the new ballot and issue Form FF accordingly;
- The employer must prominently display the ballot notice (Form FG) at the workplace for seven consecutive days prior to the ballot;
- Only workmen listed in the prescribed forms (Form FE or FF) are eligible to vote.
The introduction of Regulation 13GA formalises a transparent and repeatable process for resolving tied outcomes in secret ballot proceedings. While Regulation 13GA introduces a structured tie-breaking mechanism for secret ballots, employers should be prepared for the possibility of multiple voting rounds, which may extend the overall timeline for determining sole bargaining rights.
Forms and Terminology in the Schedule
The Schedule to the Industrial Relations Regulations 2009 has been amended to update the following prescribed forms:
- Form FG has been revised to refer to “Subperaturan 13F(1)” in place of “19(1)”;
- Form FH now records the total number of “votes cast” (undi yang dibuang) instead of “ballot papers issued”, to reflect that only actual votes submitted are considered in determining the outcome;
- Form FI has been updated to reference both Subregulation 13D(1B) and Regulation 13I as the legal basis for issuing sole bargaining rights;
- Form H has been amended to reduce the timeframe for an employee to provide a reasonable excuse for non-attendance at the final conciliation meeting from 60 days to 30 days.
These form amendments ensure consistency with the updated procedural framework under IRAR 2025 and support administrative clarity in industrial relations processes.
Absence from Final Conciliation Meeting
Where a workman files a representation under Section 20 of the Industrial Relations Act 1967 for dismissal without just cause or excuse, the DGIR will schedule conciliation meetings.
Previously, if the workman failed to attend the final meeting, the workman had 60 days to provide a reasonable excuse. This timeframe has now been reduced to 30 days under the amended Form H.
Where no explanation is provided within the stipulated period, the DGIR may treat the representation as withdrawn. This change encourages timely resolution and discourages protracted delays in unfair dismissal proceedings.
Implications of Amendments in IRAR 2025
The amendments introduced through IRAR 2025 are expected to have several practical and legal implications for both employers and trade unions:
Positive Implications
- The amendments provide clearer procedures and legal references, particularly in the recognition of trade unions and the handling of tied secret ballots. This promotes transparency and consistency in industrial relations practices.
- Shortened timelines for conciliation and justification of absences are likely to encourage more timely dispute resolution, reducing prolonged uncertainty in dismissal cases.
- The move towards mandatory recognition, where the union’s scope aligns with its constitution, limits arbitrary employer refusals and strengthens collective bargaining rights for employees.
- Automatic exclusion of non-participating unions and clearer forms support more efficient handling of secret ballot processes, especially in multi-union settings.
Challenging Implications
- Employers must now act more swiftly and carefully to meet tightened deadlines and procedural obligations, such as submitting recognition notifications within 14 days and prominently displaying ballot notices.
- While the tie-breaking mechanism in secret ballots is procedurally sound, it may result in multiple ballots, increasing administrative workload and potentially prolonging the bargaining rights determination process.
- The shortened 30-day timeframe to justify absence from final conciliation meetings may disadvantage employees who face genuine but delayed challenges in responding, potentially leading to premature withdrawal of claims.
These implications underscore the need for all parties, particularly employers, to be proactive in understanding and implementing the amended regulatory requirements. Legal advice and timely internal reviews will be essential to ensuring smooth compliance.
Conclusion
The amendments introduced under the Industrial Relations (Amendment) Regulations 2025 mark a continued shift toward enhancing procedural certainty, reducing unnecessary delays, and improving access to trade union representation under Malaysian industrial relations law.
Employers should carefully review these changes and take appropriate measures to ensure internal processes align with the amended regulations, particularly regarding trade union recognition procedures, secret ballot participation, and timelines for employee representation matters.
Please contact us should you require assistance with reviewing your current policies or navigating compliance with the amended Industrial Relations Regulations 2009.
By Naveen Joshua and Elissanur Suraya
Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.
