5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

THE STUDY OF THE RELATIONSHIPS BETWEEN WORKERS AND THEIR EMPLOYERSALSO KNOWN AS EMPLOYEE OR LABOUR RELATIONS5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

THE RELATIONSHIP BETWEEN EMPLOYERS AND TRADE UNIONSEMPLOYMENT LAWDISCIPLINARY PROCEDURES AND TERMINATION OF THE EMPLOYEMENT CONTRACT5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

LAWS AND RULES WHICH IMPACT ON THE WORK ENVIRONMENT

TERMS AND CONDITIONS OF WORK

RIGHTS AND OBLIGATIONS OF EMPLOYERS AND EMPLOYEES

PROCESSES BY WHICH THE RULES AND TERMS ARE MADE, FOR EXAMPLE THE DECISION MAKING PROCESS 5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Workers to know their rights under the labor lawTrade union leaders know how to play their role effectively so that workers will be protected from exploitation by a greedy employerManagers who deal directly with the workforce must constantly try to upgrade their understanding of IRshas direct link between profitability and good IRsLawyersOfficers & executives in HR-IR department need in-depth knowledge so that can carry out their job responsibilities when called upon to do so.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

ALL IR SYSTEMS ARE MADE UP OF THREE PARTIES (TRIPARTITE)Tripartite components:The employerThe employeesThe government5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Acts as:Legislator through parliamentAdministrator through MOHRParticipant (the largest employer in the country)5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

KEY VARIABLE IN IR IS THE DECISION MAKING IN AREAS THAT RELATES TO WORK LIFETHE RULES AND REGULATIONS ON COMPENSATION,WORKERS RIGHTS, DISCIPLINE AND MANY OTHERS RELATED TO EMPLOYEES CONCERN AND WELFARE ARE MADE IN ANY THREE WAYS UNILATERALLY, BILATERALLY OR TRIPARTITE5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

IN MALAYSIA THE MACHINERY FOR THE TRIPARTITE DISCUSSION IS THE NATIONAL LABOUR ADVISORY COUNCIL(NLAC)CHAIRED BY THE MOHR (MINISTRY OF HUMAN RESOURCE) in which it will appoints the government representatives

Other members of the council are appointed after consultation with the relevant bodies such as workers organizations, MTUC (Malaysian Trade Union Congress), and CUEPECS (Congress of Unions of Employees in Public and Civil Service and the MEF (Malaysian Employers Federation)5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Roles:To protect the welfare of workers (their safety, health & rights)To promote good employer-employee relationships (a stable & peaceful IR system)To equip the unemployed with basic industrial skills & to improve the skill level of the workforceTo assist in maximizing the countrys manpower resources5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Employment Act, 1955Trade Unions Act, 1959Industrial Relations Act, 1967Factories and Machinery Act, 1967Occupational Safety and Health Act, 1994Workmens Compensation Act, 1952.Employees Provident Fund Act, 19915/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Lay down provisions to protect workers from exploitation and to provide minimum benefits for all workers covered by the act, i.e, those who earn not more than RM1500 per month, those who carry out manual labour or who supervise such workers, or are employed to drive or maintain vehicles for the transport of passengers or goods and those engage as domestic servant. The benefits provided include termination and maternity benefits the right to a weekly rest day, annual leave and sick leave.Benefits Termination benefitsMaternity benefitsOvertime benefitsSick leaveAnnual leave payPublic holiday pay5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Objectives:Govern the relationship between the employer or groups of employers and employees or trade unionRegulates the manner of the methods which the employer and employees adopts in their relationship covering issues like the recognition of TU, collective bargaining, conciliation, trade disputes, strikes, lockouts and etceteraThe prevention and settlement or any differences or disputes arising from their relationshipGenerally to deal with trade disputes and matters arising there from

5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Establishes guidelines and lays down the responsibilities of the various parties in industry in relation to safety and health5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Seeks to control the activities of trade unions so that they can develop in an orderly and peaceful manner.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Definition: Trade union or union means any association or combination of workmen and employers, being workmen whose place of work in West Malaysia, Sabah, Sarawak, as the case may be, or employers employing workmen in west Malaysia , Sabah, 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, andc. 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 conditions of workmenor enhancing their economic and social status, or increasing productivity 5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

ii. the regulation of relation between workmen andworkmen, employers and employersiii. the representation of either workmen or employers in trade disputesiv. the conducting of or dealing with trade disputesand matters related thereto; orv. the promotion or organization or financing of strikes or lock outs in any trade or industry or the provision of pay or benefits for its members during astrike or a lock out.

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ROHAYA MOHD HUSSEIN

implications.tifimplications 002.tif5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

To improve their economic situation, increased wages and benefits, job securityTo ensure their rights are protected, and to obtain protection against unfair treatmentFor social reasons, cooperation with fellow workersTo influence the decision making and policy making by their employersPressure from present union members or because union membership is in force or peer pressure5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

To promote the industrial, social and intellectual interests of its membersTo obtain and maintain for its member just and proper rates of remuneration, security of employment and reasonable hours and conditions of workTo promote the material, social and educational welfare of the members, andTo promote legislation affecting the interests of the members in particular or trade unionists in general5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

The following classes of persons cannot join or be members of a union:Person below 16 years of ageAny student of an educational institution established by law, unless he is a bona fide employed and is over 18 yearsUnion members under 18 are restricted in union activities, they are not entitled to vote on matters involving strikes, imposition of a levy, dissolution of the union amendment of the rules of the trade union. Union members under 21 are not eligible to be elected as officers of the union.

5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Those, Not working in a particular trade, occupation or industry covered by the unionAny public officer example police, armed forces, prison services, those engaged in confidential or security capacity ( due to the interests of the countrys security and safety) or those holding any post in the managerial and professional group unless they are exempted by the Chief Secretary to the Government.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Required to apply for registration within a period of 1 month of the date on which it was established.If not can apply to the registrar for anextension maximum of 6 months.The application must fulfill the requirements:- must be in a prescribed form- must be accompanied by the prescribed fee- must be signed by at least 7 members of the union- must be accompanied by a printed copy of the rules of the union signed by the members making the application - must specify: titles, names, ages, addresses and occupations of the officers of the unionnames, addresses and occupations of the applicantsname of the trade union and the address of its head office

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ROHAYA MOHD HUSSEIN

If the trade union is to be used for unlawful purposesIf the objects of the trade union is unlawfulThe trade union has not compiled with the provisions of the Ordinance and of the regulationsIf the rules of the trade union conflict with any of the provisions of the ordinanceIf the name of the trade union is undesirable or identical to that of any other existing trade union(NB: any person who is dissatisfied with the refusal of the Registrar to register a trade union may appeal to the Minister within 30 days from the date of the refusal.)5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Public sector employees unionsCUEPACSNATIONAL UNION OF THE TEACHING PROFESSION(PUBLIC SECTOR UNIONS DO NOT ENGAGE THEMSELVES IN COLLECTIVE BARGAINING UNLIKE ITS COUNTERPART THE PRIVATE SECTOR UNIONS)5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Private sector employees unionIN HOUSE MEMBERS AREE ALL EMPLOYED BY THE SAME EMPLOYER

NATIONALCOVER ALL WORKERS IN THE SAME INDUSTRY, TRADE OR OCCUPATION

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Better management union relations because no interference from outsidersIn-house union has more understanding of companys needs and workplace problems rather than a full time union official of a nation wide occupational unionThey feel in-house union leaders are more likely to adopt a cooperative rather than a confrontational approach to negotiations with management5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

In-house unions will keep out more effective national unionsMany unions in the same trade occupations or industry are divided into tiny organization and may promote unhealthy rivalry, jealousies, and weakening of the trade union movementEmployers may use sabotage tactics to promote rival unions to justify non-recognition of existing unions for negotiationSusceptibility to manipulation and control by employersThey have less practice at collective bargaining and therefore may not be able to improve terms for their members

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ROHAYA MOHD HUSSEIN

Generally weak because membership is limited and confined to workers in one particular companyThe leadership of this union must be chosen from the smaller number of employees/members which may give rise to the possibility of the employer trying to exploit those leadersFinancial strength will not be enoughFear of victimization among union leaders Will not be able to provide scholarships and other social benefits due to financial limitations

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ROHAYA MOHD HUSSEIN

Also called Employers AssociationA union comprise of employersMain objectives are to promote and protect the interests of their members, to negotiate and deal with trade unions of employees and to represent their members in any trade dispute between an individual member and the employees union 5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Also have the rights to unions which are known as associationEmployers associations are necessary:- challenge legislation affecting employers- act as a group to counter demands by trade unions- inform and advise members on new legislations passed- promote interest and welfare of fellow members- represent members in trade disputes5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

The MTUC is a federation of trade unions and registered under the Societies Act, 1955. It is the oldest National Centre representing the Malaysian workers. The Unions affiliated to MTUC represent all major industries and sector with approximately 500,000 members.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

a. To do everything to promote the interest of its affiliated organizations, to improve the economic and social conditions of workers and render them assistance.

b. To ensure that policies are developed and action taken to ensure full employment, to work towards the establishment of a minimum wage a legal maximum working week of 44 hours and to establish training centers and extension of training facilities for workers. c. Provision for legislated Social Security measures to provide protection against sickness, unemployment, old age, injury, invalidity and retiring benefits and promotion of high standards of health, hygiene and welfare in all places of employment and seek adequate compensation for workers disabled by accidents and diseases.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Federation of trade unions of government workersServes as the spokesman for the public service workersObjectives:- to promote the interests and improve the workings of its affiliate trade unions- to protect the interests of the affiliate trade unions and their members- to endeavor to improve the conditions of employment of the members of the affiliate trade unions and- to promote legislation affecting the interest of the member unions in particular or trade unionists in general5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

A registered society consisting of individual companies and the employers association.Objectives:- secure the organizations of all employers- coordinate and present the opinions of the employers on labor matters - promote, protect and defend the interests of employers in general- inform and advise members on the implementation of labor laws- advise members on the settlements of trade disputes5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

To carry out research needed by its members especially for collective bargaining purposesConduct training such as seminars and lectures relating to labor legislation and industrial relations services for membersProvide industrial relations services to members such as:- represent members at the industrial court- advise members during collective bargaining process5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Definition:The right to establish and join unionsRecognition is a starting point for collective bargainingRecognition means the employers recognizes the trade union to be legitimate representative of his workers and has the right to speak on their behalf.

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ROHAYA MOHD HUSSEIN

Procedure for recognition;- before collective bargaining can be carried out , union serves a claim for recognition on the employer which must be in prescribed form and in writing- within 21 days after claim has been served the employer is required to do the following:- accept recognition- refuse recognition- apply to DGIR to determine membership5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Should the employer refuses to grant recognition, the union can report to the DGIR.- The DGIR may carry out a membership check to see if the union represents more than 50% of the companys employees.- if the employer rejects the advice of the DGIR to grant recognition, the DGIR will report the matter to the minister who will make the final decision5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Recognition provides the following advantages:The union can represent individual members who have a grievance or complaintThe union can negotiate for better terms and conditions on behalf of all workers in the workplace who are eligible to members of the union, whether or not they are members of the union.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

General recognition

Limited recognition5/10/10ROHAYA MOHD HUSSEIN*

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3 years from the date when the claim was granted

Rejected cannot make another for a period of 6 months5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

An agreement in writing, concluded between an employer or employer union on the one hand, and a workmens union on the other, relating to the terms and conditions of employment, or concerning relations between the two parties.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

To provide machinery or method by which workers can peacefully improve their terms and conditions of employment5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Either union/employer invites the other to begin bargaining (in writing) . Invitation is accompanied by a set of proposals, demands for a collective agreementEmployer must reply within 14 daysIf employer agrees to begin the bargaining sessions must start within 30 daysA series of negotiation meetings are heldOnce agreement is reached, the collective agreement is signed and sent to industrial court for approvalIf employer refuses to begin negotiations after agreeing to do so or if there is a deadlock, the DGIR can be called upon to conciliateIf there is still refusal to begin a trade dispute is said to exist. The Minister is empowered to invoke the machinery for compulsory arbitration by referring the dispute to the Industrial court for settlement 5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

EmploymentPlacementPromotionTerminationSuspensionDemotionDismissalReinstatementTransferLay off5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Must be in writing and signed by the parties to the agreement or by an unauthorized personsMust set out terms of the agreement and where appropriateName the partiesSpecify effective period which must not be less than 3 years from the date of the commencement of the agreementPrescribe the procedure for its modification and terminationPrescribe the procedure for the adjustment of any question that may arise as to the implementation/interpretation of the agreementSent to court within 1 month of signingThe minimum period of a collective agreement is 3 yearsReview the terms of a collective agreement with this period (3 years) by mutual consent

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ROHAYA MOHD HUSSEIN

If collective bargaining is successfully concluded the end result is collective agreement.If it is not the end result is Trade Dispute on those matters on which the bargaining failed to result in an agreement.A collective agreement which has been approved by the Industrial Court is deemed to be an award of the court and is binding:- the parties to the agreement, including employers, all members of the trade union, their successors, assignees or transferees- all workmen who are employed or subsequently employed in the undertaking to which the agreement relates

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ROHAYA MOHD HUSSEIN

All collective agreement must be sent to the court within 1 month of signingCourt checks through to ensure validityCourt ensures the agreement follows requirements of the IR Act section 14Court can require parties to a mend any parts of the agreement which do not comply with section 14Once agreement has cognizance it becomes binding5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Any dispute between an employer and workmen which is connected with the employment or the non-employment or the terms of the employment or the conditions of work of any such workmen. 5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Wrong dismissal of a non-unionized memberTrade disputesDifference of opinion as to the interpretation of a collective agreement or industrial awardNon-implementation of an agreement or award5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Picketing-workers may attend at or be near their workplace when they have a trade dispute for the purpose of peacefully giving information to the public and other workers and to persuade other workers not to work is a strike has already been declaredNormally the first attempt at industrial action by employees5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Must be peacefulPurpose must be to communicate or to persuade workers to abstain from workingMust be at or near workers place of work Must not obstruct exit or entrance Must not intimidate anyoneDo not require police permitThey neither can be dispersed by police officersProminent displays of banners and placardsOften held during lunchtime or after working hours

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ROHAYA MOHD HUSSEIN

Strikes any act or omission by a body of workers, which is intended or which does result in any limitation, restriction, reduction, delay in the performance of their duties connected to their employment.

5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

The cessation of work by a body of workmen acting in combination, or a concerted refusal or a refusal under a common understanding of a number of workmen to continue work or to accept employment and includes any act or omission by a body of workmen acting in combination or under a common understanding which is in tended to or does result in any limitation, restriction, reduction or cessation of or dilatoriness in the performance or execution of the whole or any part of the duties connected with their employment.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Consequences !!!!!!!

Fines imprisonment BOTH (FINED AND IMPRISONED) ISA

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ROHAYA MOHD HUSSEIN

Requires union have a trade disputes.A secret ballot with not less than two thirds of the workers involved is required.The director general has to be informedThe employer must be informed of the date of the strikeIf the minister should refer the case to the industrial court before the strike occurs then the strike must not be carried out.If it is a public sector union then the Minister refers the disputed matter to the industrial court only with the consent of the Agong or the state ruler if it is a state body in question.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

implications 004.tif5/10/10ROHAYA MOHD HUSSEIN*

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Lock-out- as the closing of the place of employment, the suspension of work, or the refusal by an employer to continue to employ any number of workers employed by him in furtherance of a trade dispute, done with a view of compelling those workers to accept terms or conditions of work or affecting employment5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Direct negotiation voluntarily entered intoConciliationArbitrationCommittee of investigationBoard of enquiry5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Ideal methodTwo parties involved (employer and the union) are willing to come together for discussion until satisfactory compromise is reachedDecisions are mutualNo involvement from an outsiderMature and harmonious way of settling any disputeEncouragedHowever if no understanding and decision is derived, DGIR may impose conciliation5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

A process of arriving at a settlement of a trade dispute with the help of third neutral partyCarried out by officers of the department of IRCan be voluntarily, requesting by either of the disputing parties or the DGIR may intervene in the public interests, requiring the parties to attend a conciliation meeting known as compulsory conciliationIR officer will meet the parties either separately or jointly, after a brief meeting of which they will help the parties to arrive at a compromise acceptable to both parties5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

VERY RAREBut occasionally usedSimilar to conciliationNeutral third party is called in by the parties of dispute to help them find a settlementBut mediator is not from the governmentBut a person considered to be un-bias and impartial and is sufficiently respected and trusted by both partiesCan be a politician or local leader5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

An impartial third party is given the authority to settle the dispute by examining the information given by both sides and making a judgementIn Malaysia, the Industrial Court has the power to arbitrate labour disputes5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

To carry out the function of arbitration a peaceful and unbiased means of settling disputes between employers and employees5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Courts role is to arbitrate such disputes ie make settlement which is final and cannot be appealedDisputes are either referred to court by the Minister of HR or brought directly to it by the parties of concernedThe court hears representation from both partiesThe court makes decisions which are in the interests of the company concerned, the industry concerned or the country as a whole.5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

President appointed by A gongAssisted by 4 chairmanThe president have at least 7 years of experience as a lawyer/judicial service before his appointment2 panel members representing employers and employees interests, chosen by the president of the court from a list submitted by the MEF and the MTUC5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Unfair dismissal claims by a non-unionized employeeTrade disputeInterpretation of collective agreementComplaints of non-compliance with the collective agreement5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Award means to a decision by the Industrial Court in respect of any trade dispute or matter referred to it. It is binding on the parties involved and cannot be challenged or appealed except on the question of law which can be referred to the high court5/10/10ROHAYA MOHD HUSSEIN*

ROHAYA MOHD HUSSEIN

Order that any party be joined, substituted or struck offSummon before it the parties to the dispute and any other person who in its opinion is connected with the proceedingsTake evidence on oath or affirmation and compel the production before it of books, papers, documents, and thingsHear and determine the dispute even though a party has failed to submit any written statement within such time as may be prescribed by the president or in the absence of any party to the dispute who has been served with a notice or summons to appearConduct any of its proceedings or any part of them in privateCall for the assistance of any experts after consultation with the ministerGenerally direct and do all such things as are necessary or expedient for the expeditious determination of the dispute

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ROHAYA MOHD HUSSEIN

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