CHAPTER 2: ENVOLVEMENT OF INDUSTRIAL RELATIONS
Origins of Industrial Relations
Before independence(1920's)
Emergence of trade union
Development of estates and tin mines
Labour movement by Communist Party of Malaya
1930's
Newly formed Unions
Several strikes
No Legislations on trade union and trade union activity
1940's
Employers exert for law
1940 first law but not enforced due to Japanese invasion
1946
Government set up
Trade Union Advisor Department
Appoint Registrar of trade union
Trade Union Enactment
Impact of the Trade Union enactment
Limit the involvement of Communist Party
Restrict the size of trade union
Restrict power
Control trade union movement
3 clauses
All trade unions must be registered
Federation of trade unions can only be formed by unions in the same industry
Unions official had to have been employed for a minimum of 3 years in the industry they represent
The impact of the government set up
Some 100 unions were de-registered and disbanded
Prior to 1965(After Independence)
the voluntary system relations patterned along the British system of industrial
the concept of self-government and autonomy within industry was the key to industrial harmony
The two sides of industry were encouraged to regulate their collective relationship
The two sides of industry were encouraged to regulate their collective relationship
To settle any dispute arising there from through their own efforts and through mutually agreed procedures, with minimal State intervention
The International Labour Organization (ILO)
The ILO was founded in 1919, in the wake of a destructive war, to pursue a vision based on the premise that universal, lasting peace can be established only if it is based upon decent treatment of working people.
The ILO became the first specialized agency of the UN in 1946
This unique arrangement gives the ILO an edge in incorporating 'real world' knowledge about employment and work
The ILO is the only 'tripartite' United Nations agency in that it brings together representatives of governments, employers and workers to jointly shape policies and programmes.
183 Member Countries – MALAYSIA a member
is devoted to advancing opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity.
Its main aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue in handling work- related issues
INDUSTRIAL RELATIONS IN THE MALAYSIAN PUBLIC SECTOR
Definition
Industrial relations in the public sector refer to the relationship between the government and the public sector’s employees
It is related to the role of the government as an employer in this sector.
Employers refer to the federal government, the state governments, the federal statutory authorities, the state statutory authorities and the local authorities
UNION MEMBERSHIP IN THE MALAYSIAN PUBLIC SECTOR
TUA has outlined some restrictions imposed on union membership in public sector
Any public sector employees who wants to become a member of a trade union can only join those formed by employees in the same department, ministry or occupation.
Certain groups of public sector employees are not at all permitted to join trade unions i.e. employees in the police force, armed forces, prison services and those in the confidential or security work
Employees in the professional and managerial group in the public sector are also not allowed to join trade union unless they are exempted by the Chief Secretary to the Government.
An employee of a statutory authority whose membership is not confined exclusively to employees of that particular statutory authority
Employees who hold any post in the Managerial and Professional Group cannot be a member of a union, unless he has been permitted to be a member of one by the Chief Secretary to the Federal Government
Characteristics OF THE PUBLIC SECTOR
Not involved in collective bargaining
Wages and other terms of services are discussed at the national level between government and CUEPACS
Grouped by ministries, departments, statutory bodies, local authorities
Follow the General Orders (PERINTAH AM MALAYSIA)
Malaysian Industrial Relations
September 1965
The Essential (Trade Disputes in Essential Services) Regulations, 1965 was publicize
designed to ensure that trade disputes in certain scheduled services would not lead to disruption of such services.
These Regulations vested in the Minister of Labour certain powers to intervene of his own decision in such disputes and if necessary, to refer them to the Industrial Arbitration Tribunal for settlement.
No strike or lock-out could be declared or where already declared could continue once the Minister had so intervened
The award of the Tribunal was final and legally binding on the parties to the dispute
The promulgation of the Essential (Trade Disputes in Essential Services) Regulations in 1965 was indeed a turning point in the pattern of industrial relations system in the country.