Industrial Relations Law - Malaysia

Extract

[...] In the event that the negotiation fails, the parties may refer to the Industrial Relation Department for conciliation. Where the matters fails to be resolved, it may be referred to the Industrial Court of Arbitration Industrial Relations Act 1967 • The Ministry of Human resource may intervene and refer at any stage of any trade dispute to the Industrial Court for Arbitration • A prohibition of strikes and lockouts once a trade dispute has been referred to the Industrial Court on any matters, covered by a collective agreement or by an award of the Industrial Court. [...]

[...] • Consequently, all three laws are federal laws, and are administered by various departments in the same federal agency-the Ministry of Labour (now the Ministry of Human Resources). The 3 principal laws affecting industrial relations in Malaysia • However, the Employment Act 1955 presently applies only in Peninsular Malaysia (private sector only). • The Trade Unions Act 1959 (public and private sector) and the Industrial Relations Act 1967 (primarily to the Private Sector ) apply throughout the country. The Employment Act 1955 • Regulates the employment relationship as well as the terms and conditions under which employers may employ employees. [...]

[...] and termination of service pending recognition of a trade Part IV – Collective Bargaining and Collective Agreements (Collective bargaining is a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions. The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA).) Industrial Relations Act 1967 Part V – Conciliation e.g. reference of disputes for conciliation, Information, documents and compulsory conference for conciliation etc. Part VI –Representations on Dismissals e.g. Representations on dismissals. [...]

[...] the well-known "contract of service“ relationship. • And among the terms and conditions regulated by the Act are the hours of work and wages, as well as other terms and conditions of employment and work. The Trade Unions Act 1959 • Regulates trade unions and union federations per se (with respect to its inherent nature, intrinsically). • This Act defines trade unions, delineates (represented accurately or precisely, describe in vivid detail) their membership prescribes (set down as a rule or guide, fixed or established especially by order or command) their registration, and describes their rights and responsibilities. [...]

[...] prohibition of night work, prohibition of underground work • Part IX - Maternity protection e.g. length of eligible period and entitlement to maternity allowance, payment of allowance to nominee The Employment Act 1955 • the Employment Act 1955 applies to all employees in Peninsular Malaysia and Federal Territory of Labuan whose monthly wages do not exceed RM1,500 and all manual labourers irrespective of their wages. • employers may draw up the contract of service but it should not contravene (go against) the minimum benefits stipulated under the law. [...]