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TOPIC 4 RIGHTS AND RESPONSIBILITIES OF EMPLOYERS, EMPLOYEES AND THEIR TRADE UNIONS (THE INDUSTRIAL RELATIONS ACT 1967)

TOPIC 4 RIGHTS AND RESPONSIBILITIES OF EMPLOYERS, EMPLOYEES AND THEIR TRADE UNIONS (THE INDUSTRIAL RELATIONS ACT 1967). UPON COMPLETING THIS TOPIC, STUDENT SHOULD BE ABLE TO: Explain the rights of employers, employees and their trade unions under this Act.

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TOPIC 4 RIGHTS AND RESPONSIBILITIES OF EMPLOYERS, EMPLOYEES AND THEIR TRADE UNIONS (THE INDUSTRIAL RELATIONS ACT 1967)

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  1. TOPIC 4RIGHTS AND RESPONSIBILITIES OF EMPLOYERS, EMPLOYEES AND THEIR TRADE UNIONS (THE INDUSTRIAL RELATIONS ACT 1967) UPON COMPLETING THIS TOPIC, STUDENT SHOULD BE ABLE TO: Explain the rights of employers, employees and their trade unions under this Act. Describe the responsibilities of these parties under this Act. Elaborate on the term managerial prerogatives. Norhayati Mohd Salleh ADS 465

  2. 4.0 INTRODUCTION The IRA 1967 accords employers as well as employees several rights and at the same time imposes several responsibilities on them. 4.1 RIGHTS Rights refer to something entitled or protected. Part II accords employers and employees the following rights, namely: - (1) the rights to form, to assist in the formation of, to join a trade union and to participate in its lawful activities. (Sec. 4(1), IRA) (2) the rights to establish, to function or to administer a trade union. (Sec. 4(2), IRA) (3) the right to be free from any influence or control by an employer or a trade union of employers through financial support or other means. (Sec. 4(3), IRA). • * Each right is qualified and none of them are absolute (determined by both IRA and TUA) Norhayati Mohd Salleh ADS 465

  3. 4.2 RESPONSIBILITIES Responsibilities refer to the duties that must be fulfilled. • Part II imposes various responsibilities on employers and employees, as well as their trade unions. • Some responsibilities are general in character, while others are specific (= 2 types of responsibilities). Norhayati Mohd Salleh ADS 465

  4. 4.2.1 GENERAL RESPONSIBILITIES The responsibilities imposed on both parties are implicit in the prohibitions outlined in Sec. 4 (2) and (3), IRA namely: - 1. the prohibition against : – any interference with, or – any restraint or coercion in respect of, – the exercise of the rights given to employers or workmen, by any person; 2. the prohibition against any interference with: – the establishment or the administration or – the functioning of a trade union, whether by an employer union of by workmen’s union; and 3. the prohibition against : – the giving of any support (financial or otherwise) to a workmen’s union by an employer or – an employer union, (where the object of giving the support is to place the workmen’s union under the control or the influence of the employer or the employer union). Norhayati Mohd Salleh ADS 465

  5. 4.2.2 SPECIFIC RESPONSIBILITIES • Part II also imposes specific responsibilities on both parties and their trade unions. • The responsibilities are implicit in the Sec. 5 (as the Employer Prohibited Acts) and, • Sec. 7 (as the Employees Prohibited Acts). Norhayati Mohd Salleh ADS 465

  6. 4.2.2.1 The Employer Prohibited Acts Employers and their trade unions are prohibited by Sec. 5 (1), IRA from the following:- 1. imposing a condition in a contract of employment which restraints: – the right of a person to join, – or to continue to be a member of a trade union; 2. refusing to employ a person because – he is, – or he is not, a member or an officer of a trade union; 3. discriminating against a person as regards employment or promotion or any condition of employment or working conditions because – he is, or – is not, a member or an officer of a trade union; Norhayati Mohd Salleh ADS 465

  7. The Employer Prohibited Acts(cont’d) 4. dismissing a workman or injuring him in his employment or altering his position to his prejudice (or threatening to do so) because : – the workman wishes to become a member or an officer of a trade union, or because – he participates in the promotion or formation or the activities of one; and 5. inducing a person: – not to become or – stop being a member or an officer of a trade union by conferring or by procuring any advantage on for any person (or offering to do so). Norhayati Mohd Salleh ADS 465

  8. The Employer Prohibited Acts … cont’d However, Sec. 5 (2) IRA which acts as a provisio to Sec. 5 (1) clarifies that an employer is not prohibited from: - 1. refusing to employ a person, or promote a workman, for proper cause; or 2. transferring, laying-off, suspending, or discharging a workman, for proper cause; or 3. restraining a workman occupying a managerial position from being or becoming a member or an officer of a trade union catering for workmen not occupying managerial positions; or 4. restraining a workman employed in a confidential capacity in matters relating to staff relations from being or becoming a member or an officer of a trade union. Norhayati Mohd Salleh ADS 465

  9. The Employer Prohibited Acts … cont’d • In addition, Sec.59, IRA makes it an offence for employers ‘…to dismiss a workman, or to injure or threaten to injure him in his employment, or to alter or to threaten to alter his position to his prejudice because, the workman: - • is, or proposes to become an officer or member of : – a trade union or – of an association that has applied to be registered as a trade union; ii. is entitled to the benefit of a collective agreement or an award (of the Industrial Court) • has appeared or proposes to appear as a witness or, – has given or proposes to give any evidence in any proceeding under this Act; iv. is being a member of a trade union which is seeking to improve working conditions, (is dissatisfied with such working conditions); Norhayati Mohd Salleh ADS 465

  10. The Employer Prohibited Acts … cont’d • is a member of a trade union : – which has served an invitation (to bargain) under Sec 13 or – which is a party to a negotiation under this Act or to a trade dispute which has been reported to the Minister in accordance with the Part V or Part VII; • has absented himself from work without leave for the purpose of carrying out his duties or exercising his rights as an officer of a trade union where: –he applied for leave in accordance with Sec.6 before he absented himself and – leave was unreasonably deferred or with held; or • is being a member of a panel appointed under Sec.21: – has absented himself from work for the purpose of performing his functions and duties as a member of the Industrial Court and – has notified the employer before he absented himself. Norhayati Mohd Salleh ADS 465

  11. The Employer Prohibited Acts … cont’d Furthermore, Sec. 6, IRA requires employers to grantall written applications for leave or absence made by workmen who are; officers of trade unions, and who intend to the leave applied to carry out their duties or to exercise their rights as such officers, if: - i. the application specifies the duration of an the purpose for which the leave is applied for, and. ii. the duration specified is no longer than what is reasonably required for the specified purposes. However, a workman / an officer is not entitled to leave with pay for the duration of his absence if the purpose for which he was absent has nothing to do with his employer. Finally, Sec.20, IRA restricts employers from arbitrarily dismissing workmen lacking the protection afforded by union membership. – This Section enables such workman to make representations in writing to the DGIR to be reinstated in his former employment. Norhayati Mohd Salleh ADS 465

  12. 4.2.2.2 The Workman Prohibited Acts Workmen and their trade unions are prohibited by Sec.7, IRA from: - 1. persuading (convincing) workmen to join or not to join a trade union (without employer’s consent, at his place of business and during working hours); – however, this prohibition does not apply in cases where the persuading in done by a workman who is employed in the same undertaking, and in manner which does not interfere with his normal duties); 2. intimidating (frightening / making timid / discouraging by threats etc) a person to become or not to become, or to continue to be or to stop being, a member or an officer of a trade union; and 3. inducing (using influence on) a person not to become or stop being a member or an officer of a trade union – by conferring or by procuring any advantage on or for any person (or even offering to do so). Norhayati Mohd Salleh ADS 465

  13. Discussion Questions: • Explain the terms persuasion, intimidation and inducement under the Industrial Relations Act 1967. • Explain on the specific responsibilities imposed on employers and employees as stipulated in the Industrial Relations Act, 1967. • Elaborate on the provision under Sec. 20 Industrial Relations Act 1967. • Comment on the provision under Sec.59, Industrial Relations Act,1967. • Explain any FOUR (4) intimidating behaviour as stipulated in the Industrial Relations Act,1967. Norhayati Mohd Salleh ADS 465

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