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INDUSTRIAL RELATIONS IN MALAYSIA. AN OVERVIEW Andrew Lo, MTUC. LABOUR LEGISLATIONS. TRADES UNION Act 1959 INDUSTRIAL RELATIONS Act 1967 EMPLOYMENT Act 1955 STATE LABOUR ORDINANCES EMPLOYEES PROVIDENT FUND Act SOCIAL SECURITY Act OSAH Act. Tripartite mechanism. NLAC NJC

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industrial relations in malaysia

INDUSTRIAL RELATIONS IN MALAYSIA

AN OVERVIEW

Andrew Lo, MTUC

labour legislations
LABOUR LEGISLATIONS
  • TRADES UNION Act 1959
  • INDUSTRIAL RELATIONS Act 1967
  • EMPLOYMENT Act 1955
  • STATE LABOUR ORDINANCES
  • EMPLOYEES PROVIDENT FUND Act
  • SOCIAL SECURITY Act
  • OSAH Act
tripartite mechanism
Tripartite mechanism
  • NLAC
  • NJC
  • Code of Conduct for Industrial Harmony
  • Code of Conduct for prevention of Sexual Harassment at Workplace
right to organise
RIGHT TO ORGANISE
  • No person shall interfere with, restrain or coerce a workmen in the exercise of his rights to form or assist in the formation and to join a trade union and to participate in its lawful activities
  • Section 4(1) IRA 1967
protection
PROTECTION
  • SECTION 5 IRA 1967
  • UNFAIR LABOUR PRACTICE
  • INMUNITY FROM CIVIL SUIT
  • LEAVE ON TRADE UNION BUSINESS
restrictions
Restrictions
  • Separate Unions for P Mysia, Sabah & Sarawak
  • Separate unions for establishment, trades, occupation or industry
  • Exclude certain categories
  • Cannot organise in place of work without consent
restrictions1
Restrictions
  • Secret ballot
  • Use of union funds
  • check off
  • Registration
collective bargaining

Collective Bargaining

Recognition

Scope

recognition
Recognition
  • Must be a registered union
  • Must be competent to represent- establishment, trade, industry or occupation
  • Must be an appropriate union - blue collar/white collar
  • Must have the majority
scope
Scope
  • Successors transferees, assignees
  • cannot be less favourable that statutory requirements
  • 2/3 principle
  • Management prerogatives
slide13
Fact finding
  • Conciliation
  • Arbitration
  • Industrial Action
section 20 ira
Section 20 IRA
  • Security of tenure of employment
  • Just cause and excuse
  • No contractual termination
  • Due inquiry
  • General Orders for Civil servants
trade union centres
Trade Union Centres
  • MTUC
  • CUEPACS
  • Federation of Trade Unions