be overturned by a Malaysian court. The government policy of segregating trade unions and promoting enterprise unions over national and industry unions has, stifled the trade unions movement. Only 3% of private sector workers are trade union members, and less than 2% are covered by collective agreements. While the number of trade unions has increased most of the unions are in-house unions with less than 100 members. Agreements Collective Agreements are governed under the Industrial Relations Act 1967. Trade union effectiveness in securing decent collective agreements and to protect workers are restricted because Unions must obtain recognition from the employer after it can prove by secret ballot that the majority of the eligible employees are its members. After that, the employer has 21 days in which to recognise the union. If the employer does not provide recognition within the stipulated period the matter will be taken to the Director General of Industrial Relations for arbitration. This is a very cumbersome process and disputes normally take years to resolve. Even if the union finally obtains the necessary recognition to represent the workers, the ability to negotiate for better benefits is further restricted as it is virtually impossible for a union to strike. A deadlock here is referred to the Director General of Industrial Relations for conciliation. Failure to obtain compromise results in the case being referred to the minister who shall refer it to the Industrial Court for arbitration at his discretion. All industrial actions, including picketing and strikes must stopped once the minister makes the reference. Unions may submit collective agreements on behalf of their members but the Industrial Relations Act (Part IV) forbids such agreements to deal with any matter pertaining to promotion, transfers, termination of service, dismissal and retrenchments. Decisions of the Industrial Court may be challenged further in the high court, the appeals court and the federal court. The law allows for duration of collective agreements to be at least three years, Strikes The Industrial Relations Act defines a "strike" in a sufficiently broad manner to include work-to-rule and go-slow actions. "Any act or omission by a body of workers, which is intended or which does result in any limitation, restriction, reduction, delatoriness in the performance of their duties connected to their employment" Illegal strikes have consequences such as fines or imprisonment. A legal strike requires that the union have a trade dispute. A secret ballot with