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INDUSTRIAL RELATIONS IN MALAYSIA AN OVERVIEW Andrew Lo, MTUC.

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Presentation on theme: "INDUSTRIAL RELATIONS IN MALAYSIA AN OVERVIEW Andrew Lo, MTUC."— Presentation transcript:

1 INDUSTRIAL RELATIONS IN MALAYSIA AN OVERVIEW Andrew Lo, MTUC

2 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

3 Tripartite mechanism NLAC NJC Code of Conduct for Industrial Harmony Code of Conduct for prevention of Sexual Harassment at Workplace

4 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

5 PROTECTION SECTION 5 IRA 1967 UNFAIR LABOUR PRACTICE INMUNITY FROM CIVIL SUIT LEAVE ON TRADE UNION BUSINESS

6 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

7 Restrictions Secret ballot Use of union funds check off Registration

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9 Collective Bargaining Recognition Scope

10 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

11 Scope Successors transferees, assignees cannot be less favourable that statutory requirements 2/3 principle Management prerogatives

12 Dispute Resolution

13 Fact finding Conciliation Arbitration Industrial Action

14 Section 20 IRA Security of tenure of employment Just cause and excuse No contractual termination Due inquiry General Orders for Civil servants

15 Trade Union Centres MTUC CUEPACS Federation of Trade Unions

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