Malaysian Industrial Relations And Employment Law

Course Contents, Concepts and Issues:

Industrial Relations and Employment Law #1

• Defining Industrial Relations
• A snapshots of International Industrial Relations
• Why Industrial Relations?
• The role of the government in Industrial Relations.
• The Ministry of Human Resources.
• Department of Labour, Pennsulla Malaysia
• Department of Industrial Relations
• Department of Trade Unions
• Department of Occupational Safety and Health
• Employees Social Security Organization ESSO
• Employees Provident Fund EPF
• Human Resource Development fund
• Industrial Courts
• Employment Legislations
• The Employment Act and Sabah and Sarawak Labour Ordinances
• The Employees Provident Fund
• Act
• The Employee’s Social Security Acts
• The Occupational and Safety Health Act
• The Trade Union Act
• Law Restricting Employment of Non- Citizens
• Immigration Act, 1959 and 1963
• Employment (Restriction) Act. 1968
• Law Relating to the Training of
• Employees
• Pembangunan Sumber
• MANUSIA BHD Act. 2001

Industrial Relations and Employment Law #2

• Law Providing Basic Benefits
• Employment Act 1955
• Wages Councils Act 1947
• Sabah Labour Ordinance
• Sarawak Labour Ordinance
• Children and young persons ( employment) Act, 1966
• Workers Minimum Standards of Housing and Amenities Act, 1990
• Weekly holiday Act , 1950
• Pensions Act, 1980
• Laws Establishing the Industrial Relation Framework
• Trade Union Act, 1959
• Industrial Relations Act, 1967
• Public Services Tribunal Act, 1977
• Social Security Laws
• Employees Provident Fund Act, 1991
• Employee’s Social Security Act, 1969
• Workmen’s Compensation Act, 1952
• Safety Laws
• Factories and Machinery Act, 1967
• Occupational Safety and Health Act, 1994

The Employment Act and Related Acts #1

• The Individual Employment Contracts
• Contracts of Service Written and
• Oral Contracts
• Terms and Conditions of the
• Contract of Employments
• Express terms of the contracts of
• Employments
• Changing the Terms of a Contract
• Duration of the Employment
• Contract
• Enforcement of the Employment Acts
• Labour Court
• Coverage of the Employment Act
• Wages and Manual Work
• Employees Rights to Unionise
• Notice to terminate an contract
• Termination for misconduct
• Bridge of contracts
• Minimum days of work for Estate workers
• Payment of wages
• Ages Periods
• Advances on Wages
• Deduction from Wages
• When no Wages need to be paid
• Truck System
• Hierarchy of Wages
• Non Payments of Wages
• Other Monetary Terms of the Contracts

The Employment Act and Related Acts #2

• Employment of Workers
• Women and Night Work
• Women and Underground Work
• Maternity Protection
• Working Hours and Leave
• Rest Day
• Maximum Working hours
• Overtime
• Public holidays
• Annual Leave
• Sick Leave
• Termination Benefits
• Employment of Foreigners
• Changes to the Employment Act
• Children and Young Persons Employment Acts
• Employment of Children
• Employment of young persons
• Workers Minimum Standards of Housing and Amenities Acts
• Employment (Restrictions Acts and the Immigrations Acts)

Social Security Laws

• Social Security Systems
• Employees Provident Fund
• Membership Contributions Withdrawals
• Employees Social Security Acts
• Scope of the Acts SOCSO
• Effectiveness of Social Security Organizations
• Workmen’s Compensation Acts

The Law on Occupational Safety and Health

• Factories and Machinery Act, 1967
• Occupational Safety and Health Act, 1994 (OSHA)
• National Council for Occupational Safety and health
• Duties of Employers
• Safety Policies
• Safety Training
• Duties of Designers, Manufacturers and Suppliers
• Duties of Employees
• Regular Medical Examination
• Appointment of a Safety and Health Officer
• Safety and Health Committees
• Notification of Accidents and Occupational Diseases
• Improvement and Prohibitions Notices
• Safety and Health, as a Continuing Cause for Concerned

Malaysian Trade Unions #1

• History of Trade Union
• Reason for Joining Trade Unions
• Economic Motives
• Protection of Rights
• Social Reasons
• Trade Unions Objectives
• Legal Definition of Trade Unions
• Membership of a Trade Union
• Rights to Form and Join a trade Union
• Who can join a Union
• Employers Attitude to Unions
• Victimisations of Trade Unions Activities
• Creating a Non-Union Environments
• Registrations of a Big Union
• Union Funds
• Union Executives
• Union Employees

Malaysian Trade Unions #2

• Modern Unions
• Worker’s Unions
• Number of Unions
• Size of Unions
• Types of Unions
• Public Sectar Unions
• Private Sectar Unions
• Structure of Unions
• Affiliation to other bodies
• Strength of the Trade Union Movements
• Union Density
• Trade Union Leaders
• Union Reputation
• Employers’ Associations
• Congress of Unions of Employees
• In the Public Sector and Civil Service (CUEPACS)
• Malaysian Trade Union Congress (MITUC)
• Malaysian Employers Federation (MEF)
• The Media and the Trade Union Movements

Collective Bargaining

• Private Sector
• Deciding Terms and Conditions of Service
• Collective Bargaining
• Rights to Form Collectives Associations
• Union Bargaining Strength
• Recognition Procedure de- recognition
• Bargaining in Good Faith
• Bargaining Climates
• Other Forms of Participations
• Bargaining Procedure
• Bargaining Levels
• Negotiations Techniques
• Preparation for Negotiation
• Membership of Bargaining Team
• Collection of Information
• Union Opposition
• Economic Information
• Deciding Objectives, Strategies and Tactics
• Getting Mandates
• Stages in Bargaining
• Collective Agreements
• Items Generally Found in Collective Agreements
• Recognition
• Union Security
• Compensation and Benefits
• Existing Benefits
• Procedures
• Number of Collective Agreements sign per year
• Public Sector
• Terms and Conditions of a Service
• Salaries Commissions
• Complete Services Departments
• National Joint Council (NJCs)
• Public Services Tribunals

Trade Disputes and Industrial Actions

• Trade Disputes
• Preserving Industrial Harmony
• Industrial Actions by Employees
• Picketing
• Strikes
• Strike Procedures
• Strike in the Essential Services
• When Strike is no permitted?
• Right to Strike
• Incident of Strike
• “No Strike Clauses”
• Support for Strike Actions
• Industrial Actions by Employers
• Lock out
• Settlement of Trade Disputes
• Direct Negotiations
• Conciliations
• Role of The Conciliator
• Mediation
• Arbitration
• Fact-finding Machinery
• Board of Inquiry and Committees of Investigation

The Industrial Courts

• Structure and Proceedings of the Courts
• Awards of Courts
• Jurisdiction of the Courts
• Claims of Reinstatements Court’s Power in Claims of Dismissal without just cause or excuse
• The court and claims relating to Retrenchments
• Code of Conduct for Industrial
• Harmony
• Trade Disputes
• Scope of Collective Agreement
• Bonus
• Salary Increases
• Managerial Prerogative
• Reduction of Existing Benefits
• Interpretation of Collective Agreements or Awards
• Complains of Non-compliance

Discipline in the Workplace

• Taking Disciplinary Action
• Disciplinary Action and the Employment Act, 1955
• Section 20, Industrial Relation Act., 1967
• Claims of Wrongful Dismissal at the Height Course
• Industrial Court Awards on Claims for Reinstatements
• Taking Disciplinary Action
• Organizational Rules
• Disciplinary Action for Misconduct
• General Guidance for Taking Disciplinary Action
• Procedure Prior to Dismissing an Employee Guilty of Misconduct
• The Rights to Hire and Fire
• Recommended Procedures
• Investigations
• Domestic Inquiry
• Conducting the Inquiry
• Penalties
• Industrial Appeal Procedures
• Special Procedures for a Sexual Harassment
• Disciplinary Action for Un satisfactory Performance
• Constructive Dismissal
• Frustration of Contract
• Termination of Fix-term contracts
• The Rights of Probations