A CRITICAL ANALYSIS OF THE RIGHT TO FREEDOM OF ASSOCIATION IN THE BANKING SECTOR IN MALAWI

Abstract

In an era of increased labour rights awareness everywhere in the world including Malawi, there have been a lot of industrial actions because of the inherent conflict that exists between employee and employer. This paper critically examines the right to freedom of association in the banking sector. Industrial actions have been reported from various sectors in Malawi, but rarely has there been an industrial action reported from the banking sector. The study uses freedom of association indicators to find out whether employees in the banking sector are free to enjoy the right to form and join trade unions of their choice, collective bargaining and industrial action. Upon critically examining these indicators, through questionnaires administered to employees in four randomly selected banks, and structured interviews with key informants, targeting bank managers and officials in the Ministry of Labour, trade unions and the Reserve Bank of Malawi, the study found that employees in the banks do not enjoy the right to freedom of association. Findings further showed that there are hindrances for the employees to enjoy freedom of association especially to industrial action for bargaining of wages or conditions of service. Employees associations that exist in the banks are of no use and have no teeth. The employer‟s management style is influenced by the unitary perspective. The study recommends that the banking industry should adopt a pluralistic view and allow employees to enjoy the right to freedom of association as guaranteed to them. In addition, the state should intervene to ensure this is done, as well as sensitize both employer and employee on the right to freedom of association. The study ends with some recommendations for further research to ensure that the right to freedom of association is enjoyed by employees and protected in all sectors in Malawi.