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Topic 2 Law, Constitutional and Safety Regulations (KOH YEI HAN…

- - - - Establish an economic climate in which business can flourish
      - Protect employees from exploitation (misuse)
      - Ensure a harmonious relationship between employers and employees
    - - Set policies
      - Prepare draft legislation and draft amendments
      - Enforce the employment legislation passed by Parliament
      - Establish codes of practice as guidelines on good practice for employers and employees’
      - Implement initiatives to help upgrade the workforce and ensure employment for all including: JobsMalaysia, encouraging child care centres and encouraging employees with special need (OKU) hiring
- - - - Draft policy which prohibits sexual harassment
        
        Establish complaints procedure
        
        Conduct regular briefings/training on sexual harassment
        
        Take disciplinary action against sexual harassers
  - - - Job hazard analysis
      - Operational safety reviews
      - Personal protective equipment
    - - Screening
      - Training
      - Through Posters, Incentives and Positive Reinforcement
- - - - Employers and their associations
        
        Employees and their trade unions
        
        The government
  - - - To have a voice.
        
        To gain bargaining power and fight for more wages, more benefits and less work.
        
        To ensure their employment rights are protected.
        
        To show their solidarity with other workers.
        
        To have an opportunity to socialise with other workers.
    - - All trade unions must be registered with the Department of Trade Unions
        
        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,
        except employees in:
        
        The Royal Malaysian Police
        
        The Prison Service
        
        The Armed Forces
      - Restrictions
        
        Employees in public and private sectors cannot join the same union.
        
        Employees in statutory bodies can only join in-house unions.
        
        Employees may only join a union covering workers in either Peninsular Malaysia, Sabah or Sarawak (depending on where the employee is working). Combinations are not permitted.
        
        Employees can only join a union representing the trade, occupation or industry in which they are working, unless the union is in-house.
        
        Managers, executives, confidential and security staff can only join a union whose members are in the same category as themselves.
      - Control
        
        The Trade Unions Act has provisions on who is eligible to be elected as an officer of a trade union
        
        Trade union funds may only be used for purposes stipulated in the Trade Unions Act.
      - 3 Types
        
        National Unions
        of
        Employees
        
        In-house Unions
        of
        Employees
        
        Employers’
        Associations
  - - - 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.
  - - - outcome of collective bargaining.
    - - Procedure for settling grievances
        
        Procedures for settling disputes
        
        Procedures for transfer of workers
        
        Procedures for retrenchment of workers