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CHAPTER 10: INDUSTRIAL RELATIONS, NUR DIANA BINTI NOR HAPANDI (2018437168)…
CHAPTER 10: INDUSTRIAL RELATIONS
DEFINITION:
Industrial relations is the relationship between an employer and the trade union which represents his workers.
An industrial relations systems consists of:
Employers and their associations
Employees and their trade unions
The government
PARTIES IN THE INDUSTRIAL RELATIONS SYSTEM
International Labour Organization
International trade union bodies
The Malaysian Trade Union Congress
The Malaysian Employers Federation
The Ministry of Human Resources
Individual trade unions
Individual employers
INDUSTRIAL HARMONY AND CONFLICT
Industrial harmony is necessary for the success of the individual enterprise and the success of the national economy.
Conflict is the antithesis of industrial harmony.
An industrial relations system must find ways to manage conflict.
TRADE UNIONS
All trade unions must be registered with the Department of Trade Unions BEFORE they can begin any activities.
Applications to register must be made within one month of the first meeting held at which it was agreed to start a trade union.
A temporary committee may be appointed to carry out the necessary paperwork.
Any employee above the age of 16 has the right to join a trade union, except employees in:
The Royal Malaysian Police
The Prison Service
The Armed Forces
TYPES OF TRADE UNION
National Unions of Employees
In-house Unions of Employees
Employers Assosiation
COLLECTIVE BARGAINING
Collective bargaining is a process whereby a trade union negotiates with an employer or association of employers over the terms and conditions of service of employees.
THE COLLECTIVE BARGAINING PROCESS
Once a trade union has been recognized by an employer, either party may initiate the collective bargaining process.
Bargaining sessions will be held between teams of negotiators appointed by the employer and the union respectively.
COLLECTIVE AGREEMENTS
A collective agreement is a written agreement between a trade union and an employer, or association of employers, concerning the terms and conditions of employment of the employer’s workers.
SCOPE:
Collective agreements cover ALL employees in the company concerned who are eligible to join the union.
DURATION:
A minimum of 3 years.
CONTENTS:
Terms and conditions of employment of the workers concerned
union
PROCEDURE
Procedure for settling grievances
Procedures for settling disputes
Procedures for transfer of workers
Procedures for retrenchment of workers
PICKET
A picket is legal providing:
The workers involved are members of a trade union.
A trade dispute between the employees and their employer exists.
It is held at or near the employees’ workplace.
It does not obstruct the entrances or exits to the workplace.
It is peaceful and does not intimidate anyone
STRIKES
A strike is legal providing:
*The strikers are members of a trade union.
The strikers have a trade dispute with their employer.
A secret ballot is held prior to starting the strike.
The ballot papers must be sent to the Department of Trade Unions for verification.
The workers must wait for at least 7 days before commencing the strike.
A strike will be illegal in the following situations:
Over an issue relating to the question of recognition of a union
Relating to matters in a collective agreement which has been taken cognizance of by the Industrial Court
THE COOLING OFF PERIOD
Conciliation meeting(s) will be held at the Department of Industrial Relations.
If conciliation unsuccessful, the Minister of Human Resources will refer the dispute to the Industrial Court for arbitration.
Once a dispute has been referred to the Industrial Court, it is illegal for the workers to strike on the issues under dispute.
NUR DIANA BINTI NOR HAPANDI (2018437168)