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 Code of Conduct for Industrial Harmony Code of Conduct for prevention of Sexual Harassment at Workplace
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 SECTION 5 IRA 1967 UNFAIR LABOUR PRACTICE INMUNITY FROM CIVIL SUIT LEAVE ON TRADE UNION BUSINESS
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
Restrictions Secret ballot Use of union funds check off Registration
Collective Bargaining Recognition Scope
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 Successors transferees, assignees cannot be less favourable that statutory requirements 2/3 principle Management prerogatives
Dispute Resolution
Fact finding Conciliation Arbitration Industrial Action
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 MTUC CUEPACS Federation of Trade Unions