Please enable JavaScript.
Coggle requires JavaScript to display documents.
The Malaysian Legal System - Coggle Diagram
The Malaysian Legal System
Legal System
Types of Legal System:
Civil law, Common law, Customary law, Religious law, Socialist Law and Mixed Law System.
Malaysian Legal System:
Written, Unwritten Law
Unwritten Law:
Laws that are not enacted by Legislature and not found in the Federal and State constitutions.
It comes from cases that decided by Courts and local customs (common law).
Written Law:
Law that contains in the Federal and State Constitutions and in a code or a statute.
It includes the Federal and State Constitution, Legislation and Subsidiary Legislation.
Islamic Law
It enacted under the Federal Constitution.
Only apply to Muslim.
It is administered by Syariah Court.
The State Legislature has authority over the constitution, organization and procedure of the Syariah Courts and is allowed to make Islamic laws pertaining to persons professing the religion of Islam.
Types of Legislation
Statutory Law:
A written law that set by legislature body.
The process of passing legislation is via parliament.
Parliament consist of: House of representative, Senate
Case Law:
Legal precedent that created by judges rather that legislature.
Common Law:
A law system that derived from judges decisions rather than statutes or constitution.
It based on tradition, past practices and legal precedents set by courts through interpretation of statutes, legal legislation and past rulings.
Islamic Law:
It derives from the interpretation of Al-Quran and Al-Sunnah.
Also known as Shariah Law
Main objective: Social justice.
Ministry of Human Resources (MOHR)
MOHR responsible for administering and overseeing the industrial relations system in Malaysia.
Objectives:
To protect the welfare of workers.
To promote good employer-employee relationships.
To equip the unemployed with basic industrial skills and to improve the skill level of the work force.
To assist in maximising the country’s manpower resources through manpower planning.
Minister of Human Resources:
Saravanan Murugan (since 10 March 2020)
Deputy Minister of Human Resources:
Awang bin Hashim (since March 2020)
Departments under MOHR:
Department of Labour of Peninsular Malaysia, or Jabatan Tenaga Kerja Semenanjung Malaysia (JTKSM)
Department of Labour Sarawak, or Jabatan Tenaga Kerja Sarawak
Department of Labour Sabah, or Jabatan Tenaga Kerja Sabah
Department of Occupational Safety and Health (DOSH), or Jabatan Keselamatan dan Kesihatan Pekerjaan (JKKP)
Industrial Court of Malaysia, or Mahkamah Perusahaan Malaysia
Manpower Department, or Jabatan Tenaga Manusia (JTM)
Department of Skills Development (DSD), or Jabatan Pembangunan Kemahiran
Department of Trade Union Affairs, or Jabatan Hal Ehwal Kesatuan Sekerja (JHEKS)
Department of Industrial Relations Malaysia, or Jabatan Perhubungan Perusahaan Malaysia (JPP)
Other Departments under MOHR:
Manpower Department
Department of Skill Development
Industrial Court of Malaysia
Agencies under MOHR:
Human Resources Development Berhad
Social Security Organisation (SOCSO)
National Institute of Occupational Safety & Health
(NIOSH)
Skill Development Fund Corporation
Department of Labor
The Employment Act, 1955
The Workmen’s Compensation Act, 1952
The Wages Councils Act, 1947
The Children and Young Persons (Employment Act), 1966
The Employment (Restriction) Act, 1968
The Workers Minimum Standards of Housing and Amenities Act, 1990
This departments can also convenes the Labor Court.
Key Employment Laws
Occupation and Labour Standards
Employment Act 1955 [Act 265]
Labour Ordinance (Sabah Cap. 67)
Labour Ordinance (Sarawak Cap. 76)
Workers’ Minimum Standards of The Housing and Amenities Act 1990 [Act 446]
Children and Young Persons (Employment) Act 1966 [Act 350]
Private Employment Agencies Act 1981 [Act 246]
Anti-Trafficking in Persons Act 2007 [Act 670]
Employment (Restriction) Act 1968 (Revised 1988) [Act 353]
Employment Information Act 1953 [Act 159]
Holidays Act 1951 [Act 369]
Weekly Holidays Act 1950 [Act 220]
Holidays Ordinance (Sabah Cap. 56)
Public Holidays Ordinance (Sarawak Cap. 8)
Occupational Safety and Health
Anti-Trafficking in Persons Act 2007 [Act 670]
Petroleum (Safety Measures) Act 1984 [Act 302]
Occupational Safety And Health Act 1994 [Act 514]
Industrial Relations
Industrial Relations Act 1967 [Act 177]
Trade Unions Act 1959 [Act 262]
Social Security
Employees' Social Security Act 1969 [Act 4]
Workmen’s Compensation Act 1952 [Act 273]
National Wages Consultative Council Act 2011 [Act 732]
Minimum Retirement Age Act 2012 [Act 753]
Skills Development
Pembangunan Sumber Manusia Berhad Act 2001 [Act 612]
Skills Development Fund Act 2004 [Act 640]
National Skills Development Act 2006 [Act 652]