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LEARNING UNIT 7 : GRIEVANCE HANDLING, DISCIPLINARY PROCEDURES &…
LEARNING UNIT 7 : GRIEVANCE HANDLING, DISCIPLINARY PROCEDURES & TERMINATION of EMPLOYMENT
**Pengendalian Kesusutan, Prosedur Tatatertib dan Penamatan Pekerjaan
- Trade Disputes ** Pertikaian Perdagangan
trade/industrial dispute is defined by Industrial Relations Act As
: any dispute between employer and his workers which connected w the employment or non-employment / terms of employment / the condition of work of any such worker.
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most unionised companies have grievance procedure, (^^may include in collected agreement)
typical procedure requires an aggrieved employee to bring up his complaint to his immediate supervisor (**pkerja yg terkilan complaint dgn sv)
time limit will be provided at all stages of procedure to ensure no manager ''sit on'' the complaint (**x manager not take any action towards complaint)
if sv is unable to satisfactorily settle the grievance, -> passed to higher level until settled / union take over as dispute(=**pertikaian)
only exception for this rule is where indiv worker has complaint concerning alleged interference by an employer w or not to join TD
for a trade dispute to exist, the employee / employees concerned must be represented by their UNION
- Industrial Action by Employees
IR Act(Section 40) allows workers to attend at / near workplace when have trade dispute for purpose peacefully giving info to public & other workers, & to persuade other workers not to work if a strike has been declared (**workers can attend attend dispute for peace / give info / tell others for not to work if strike happened)
done by the prominent display of banners & placards w derogatory comments about employer & management
if peaceful methods fail to settle a dispute, TU attempt to force a settlement by using threatening to use more aggressive methods
employers
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IR Act (Section2) defined lockout as : the closing of a place of employement, the suspension of work / refusal by an employer to continue employ any number of workers employed by him, in furtherance of trade dispute, done w a view to compel those workers to accept terms & conditions of work of affecting employement
Alternatively, the employer can take steps to fight a strike by keeping the firm operating either by placing managerial or non-union employees in the strikes' job or by hiring replacement workers (take steps to fight the strike by placing managerial / non-union employees in strikes job / hire replacement workers.
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- Settlement of Trade Disputes
4 methods for settle disputes
- direct negotiation
- conciliation (**perpaduan)
- mediation (**pengantaraan)
- arbitration
(**timbang tara)
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3B STRIKES (mogok)
- occurs when gp of workers refuse to work until employer accept the demands
procedures
procedure involve secret ballot ;
- secret ballot : union secretary in 14 days send result to Director General
- Director General : strike only conducted after 7 days received the results if 2/3 agreed
- Minister of HR : can intervene & refer the dispute to I. Court for arbitration
- wildcat strike not taking any ballot(-undi)
- political / general strike aimed GOV not employer workers hope to force gov give their demands which not in economic nature
- sympathy strike is where a gp of workers not involved in trade disputes decide to go strike to support & solidarity w other gp of workers who legitimately on strike (to support)
strikes in essential services *(menyerang dlm pkhidmtn penting) - further procedure must be followed before strikes can take place in following service
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banking / electricity / fire /port / habour & airport / postal & tele /prison / public health /water /transport /broadcasting / petroleum / gas industries
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right to strike : - even workers have right to fulfill the legal requirements, strikes are not encouraged
incidents of strikes :
- economic consequences of strikes are very serious indeed - small number of strikes in Msia
no strike clauses : - in Msia Employment Act, Section 8, prohibits no strike clauses
support for strike action : - many parties believe workers should not go strike to get demand, as long not disturb others
- Preserving Industrial Harmony
- to PIH,in unionised envi, employer has to be ;
*proactive
*take +ve steps to avoid industrial disputes