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INDUSTRIAL RELATIONS IN MALAYSIA

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

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  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

  8. Collective Bargaining Recognition Scope

  9. 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

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

  11. Dispute Resolution

  12. Fact finding • Conciliation • Arbitration • Industrial Action

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

  14. Trade Union Centres • MTUC • CUEPACS • Federation of Trade Unions

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