|
|
|
Message Date : 22 Oct 2008 10:47:22 pm
|
|
| Member : |
SLT |
| Join Date : |
22 Oct 2008 |
| Location : |
Wilayah Persekutuan |
|
|
|
Hi,
I am student, doing a research on Industrial Relation matters and needed some information on trade unions. Could anyone please assist me on the following query?
- a company in Malaysia that has a good relationship with the trade union representing its workers
- how the company maintains this relationship
Would highly appreciate if you could suggest some sources where i could access to for more information on the queries stated above.
Thank you. |
|
|
|
Message Date : 7 May 2008 06:41:02 pm
|
|
| Member : |
kep204 |
| Join Date : |
27 Feb 2008 |
| Location : |
Selangor |
|
|
|
To oylchr : Thanks for your prompt reply.
|
| The Consultant says...A good answer is one that is supported with authorities and/or provisions of relevant Statutes. |
|
|
|
|
|
Message Date : 7 May 2008 02:11:35 pm
|
|
| Member : |
oylchr |
| Join Date : |
23 Apr 2008 |
| Location : |
Selangor |
|
|
|
To: kep204. Collective Agreement that has been agreed/signed by both parties is to be registered at the Registrar, IR Court, Kuala Lumpur. You need to submit a letter stating the deposit/submission of an original stamped copy together with nine (9) photostated copies of the Collective Agreement. Both parties to sign on the letter.
|
The Consultant says...The relevant Statutes referred to are:
1) Section 16(1) of the Industrial Relations Act 1967 - A signed copy of the collective agreement shall be jointly deposited by the parties with the Registrar within one month from the date on which the agreement has been entered into and the Registrar shall thereupon bring it to the notice of the Court for its cognizance.
2) Section 2 of the Industrial Relations Act 1967 - “Registrar” means the Registrar of the Court appointed under this Act and includes a Deputy Registrar and an Assistant Registrar.
3) Regulation 3(1)-(4) of the Industrial Relations Regulations 1967 - (1) Every collective agreement required to be deposited with the Registrar under the provisions of section 16 (1) of the Act shall be delivered personally to the Registrar at the premises of the Court during office hours or forwarded to him at such premises by A.R. Registered Post by or on behalf of the parties to such agreements; (2) In depositing a collective agreement with the Registrar, the parties shall at the same time and in the same manner deliver or forward to him nine extra copies of such agreement; (3) Upon deposit as aforesaid, whether before or after the expiration of one month from the date on which such agreement has been entered into, the Registrar shall immediately bring the agreement to the notice of the Court for its cognizance; (4) Should any collective agreement be deposited with the Registrar after the expiration of one month from the date thereof, he shall immediately bring such fact to the notice of the Minister.
4) Rule 6 of the Industrial Court Rules 1967 - Upon a collective agreement being deposited with the Registrar under the provisions of section 16 (1) of the Act, the Registrar shall bring it to the notice of the Court for cognizance in Form C. |
|
|
|
|
|
Message Date : 7 May 2008 10:20:11 am
|
|
| Member : |
kep204 |
| Join Date : |
27 Feb 2008 |
| Location : |
Selangor |
|
|
|
I have a question would appreciate someone can assist. Where shall I register when the collective agreement has been agreed by the Management and Union? |
|
|
|
Message Date : 5 May 2008 03:01:33 pm
|
|
| Member : |
albertvm |
| Join Date : |
24 Apr 2008 |
| Location : |
Wilayah Persekutuan |
|
|
|
What I can understand is that the Industrial Court is a court of equity and good conscience and it makes award according to the substantial merit of the case. Hence, if the dispute raised is for the progress and the betterment of the business in terms of the financial implications of the company and at the same time Union do not have justification not to agree to the change of working hours, then high chances for the court to make decision in favour of employer.
Am I right in my interpretation?
|
| The Consultant says...You got it right. |
|
|
|
|
|
Message Date : 2 May 2008 11:45:23 am
|
|
| Member : |
albertvm |
| Join Date : |
24 Apr 2008 |
| Location : |
Wilayah Persekutuan |
|
|
|
Is it the Protection of Rights of Workmen and the Trade Union??? Please assist. TQ
|
The Consultant says...The following is the Long Title of the Industrial Relations Act 1967:
"An Act to promote and maintain industrial harmony and to provide for the regulation of the relations between employers and workmen and their trade unions and the prevention and settlement of any differences or disputes arising from their relationship and generally to deal with trade disputes and matters arising thereform."
Now, tell me the relationship between the above Long Title and the Code of Conduct for Industrial Harmony 1975, and how they can be related to Sections 30(4), 30(5), 30(5A) and 30(6) of the Industrial Relations Act 1967.
I shall comment on your interpretation then. |
|
|
|
|
|
Message Date : 25 Apr 2008 09:46:14 am
|
|
| Member : |
albertvm |
| Join Date : |
24 Apr 2008 |
| Location : |
Wilayah Persekutuan |
|
|
|
Cuurently our working days are 5 days per week as stated in Collective Agreement. This working working days are also covers the production staff. Whenever we have peak production period which can run for almost 8 months in a year, company needs more production output, therefore this will force staff in production to work 12hours perday including saturday (off day) with compulsory OT.
The issue here is, nowadys as we finds it difficult to run all saturdays because not enough manpower to run production on saturday as staff do not turn up fully for OT due to their off day. Because of this issue on OT, the Company plans to extend the 5 days working to 6 days working within the permitted total working hours per week to achieve the output. This will be done during the next negotiation with the Union.
My question are, does the Company has a justification and legal redress in getting the working days to be extended to 6 days a week? Can Union reject Company's claim or demand?
|
| The Consultant says...Conceptually, also as the starting point, the answers to your questions can be found in the long title of the Industrial Relations Act 1967 (as amended by the Industrial Relations (Amendment) Act 2007). For the benefits of other members, please cite the long title that I've just mentioned, and we shall take it from there. |
|
|
|
to post your comment here.
