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RECOGNITION - Coggle Diagram
RECOGNITION
- What is actual recognition?
- When employer ‘recognise’ a trade union, it means that the employer concedes that the union is a legitimate representative of the workers and has the right to speak on their behalf” (Maimunah Aminuddin 2020)
- The acceptance of an employer towards a workmen’s union as being representative of either at least some of his employees or majority of his employees to bargain collectively.
- A trade union is “recognised” by an employer when it negotiates agreements with employers on pay and other terms and conditions of employment on behalf of a group of workers
- What is scope of recognition? Provide example.
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- Give examples about competency of the appropriate trade union.
- National Union Flight Attendants Malaysia (NUFAM)
- National Union of The Teaching Profession (NUTP)
- National Union of Bank Employees (NUBE)
- Outline the procedure to obtain recognition. Do in flow chart.
Procedural steps towards recognition (Section 9, IRA 1967)
Union
- Registered union serves on the employer a claim for recognition
Employer/ Company
- Must reply within 21 days
According recognition - Section 9(3)(a)
- Notify DG - Section 9(3A)
- Refuse – notify in writing grounds for not according
Company may request DGTU to verify
- Union is the correct union for the industry
- Workmen are members of the trade union
Union
- Upon receiving notification of refusal:
- Within 14 days
- After 21 day has lapsed -
(report in writing to the DGIR FOR FURTHER ACTIONS)
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- If employer doesnt give recognition, what you need to do and what you can do? Refer to Section 10 IRA what employer can do and cannot do on pending recognition.
Section 10 of Industrial Relation Act - While the claim for recognition is pending
- Employees is prohibited from declaring a lockout against employees or terminating their services (except an disciplinary ground). This prohibition apply only until claim has been resolved.
- Employees are prohibited from picketing or going on strike against employer. This prohibition apply not only while claim is pending, but even after the claim has been resolved.