TPPA Booklets: Part 3 - Changes Required to Accede to the TPPA: Labor Obligations

1 April 2016

Negotiated Outcome

 
  1. Commitments to protect and promote internationally recognized labour principles and rights, which includes the International Labour Organization’s (ILO’s) 1998 Declaration on Fundamental Principles and Rights at Work.
  2. Commitments to ensure that national laws and policies provide protection of the fundamental principles and rights at work, which includes:
    • the right to freedom of association and collective bargaining; and
    • the elimination of child labour, forced labour or compulsory labour, and of discrimination in respect of employment and occupation.
  3. Ensures that national laws provide acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety.
  4. Include a non-derogation clause that prevent TPP parties from relaxing their rule or law or deviate from domestic labour laws in order to encourage trade and investment.
  5. Enforceable dispute settlement procedures, in case of non-compliance, to help ensure all labour obligations are respected.
 

Summary for Labour Obligations

 
  • This is the first FTA with labour obligations for Malaysia. The obligations of TPPA reiterate and adopt the principles of the 1998 International Labour Organization (ILO) Declaration into the member’s national laws.
  • Malaysia shall enact the legal and institutional reforms as required in the Labour Consistency Plan prior to the date of entry into force of the TPP Agreement.
  • The reform exercise is expected to see at least nine current legislations related to labour and employment being amended.

Additional Info

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