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Published byGeoffrey McDaniel Modified over 8 years ago
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INDUSTRIAL RELATIONS IN MALAYSIA AN OVERVIEW Andrew Lo, MTUC
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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
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Tripartite mechanism NLAC NJC Code of Conduct for Industrial Harmony Code of Conduct for prevention of Sexual Harassment at Workplace
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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
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PROTECTION SECTION 5 IRA 1967 UNFAIR LABOUR PRACTICE INMUNITY FROM CIVIL SUIT LEAVE ON TRADE UNION BUSINESS
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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
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Restrictions Secret ballot Use of union funds check off Registration
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Collective Bargaining Recognition Scope
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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
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Scope Successors transferees, assignees cannot be less favourable that statutory requirements 2/3 principle Management prerogatives
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Dispute Resolution
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Fact finding Conciliation Arbitration Industrial Action
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Section 20 IRA Security of tenure of employment Just cause and excuse No contractual termination Due inquiry General Orders for Civil servants
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Trade Union Centres MTUC CUEPACS Federation of Trade Unions
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