What are the sources of laws/references under the jurisdiction of Industrial Relations Department?
Industrial Relations Act 1967 (Act 177), Industrial Relations Regulations 2009, and Code of Conduct for Industrial Harmony.
What can a worker do when he/she thinks that he/she is been unfairly dismissal ?
Any employee who considers that been unfairly dismissal, can freely exercising his right to file a representation under Section 20 of the Industrial Relations Act (APP) 1967.
Will a dismissed worker claims compensation or other relevant claims when filing a case under Section 20 of APP 1967?
No. Claims under Section 20 of APP 1967 are ONLY limited to representations of work remedies only.
What is means by the dismissal representation under Section 20 of APP 1967?
Dismissal representation means the claim of an employee to reinstate in the same company through the filing of the claim under section and the Act referred above which is enforced by the Department of Industrial Relations Malaysia (JPPM) that considers to him is unfair, it is his right to file a reinstatement under Section 20 of the Industrial Relations Act (APP) 1967.
What are the conditions for a dismissal representation?
Make a final decision that the employee absolutely wants to reinstate in the same company, filing a representation within sixty (60) days from the date of his dismissal and filing his representation at the nearest JPPM branch office which is the last place of employment of the employee.
What will happen after the representation is filed?
The JPPM will hold a meeting of negotiations between the workers who filed the representation (referred to as appellant) and the former employer of the appellant who decided on the dismissal of the appellant. If the representation reaches the settlement between the appellant and the employer, the case is considered been resolved at JPPM level and closed. If it does not reach a resolution, then the matter will be informed to the Director General of Industrial Relation to be referred to the Industrial Court.
What is meant by a Collective Agreement?
A Collective Agreement is a written agreement reached between employers/employer unions and trade unions that contains the terms and conditions of employment agreed upon. The Industrial Relations Act 1967 (IRA 1967) requires specific terms to be included in a Collective Agreement, such as the validity period of the collective agreement, which must not be less than three (3) years [(Section 14(2)(b) IRA 1967)], and provisions for the modification and termination of the collective agreement.
What is meant by Collective Agreement Negotiation?
Collective agreement negotiations can be defined as a bargaining process collectively between the employer/Union of employers and unions to reach a collective agreement. Any party whether employers or unions can make an invitation to the other party in writing to commence the collective agreement negotiations. [(Sec.13 (1)(a)(b)) APP 1967}] The party receiving the invitation shall provide the answer within 14 days.
How to obtain cognizance for a particular collective agreement?
The collective agreement entered into by both parties involved should be submitted jointly to the Registrar of the Industrial Court for cognizance at the Industrial Court. Submission of the collective agreement concerned must be done within one month from the date of the relevant agreement signed. [Section 16(1) APP1967]
What action can be taken by trade unions in the event of collective agreement that has been given cognizance by the industrial court was not followed?
If the collective agreement that has been given cognizance by the Industrial Court are not complied with, the trade unions or persons bound by the agreement can make a complaint in writing to the Industrial Court.
What are the implications towards the collective agreement that have been given cognizance by the industrial court?
There are two main implications when a collective agreement has been given cognizance by the Industrial Court, which are:
a. collective agreement that has been given cognizance by the Industrial Court as deemed to be an “award” and bind the parties involved in the agreement which includes all employees who are currently working or for future employees that will employed by the company.
b. Starting from the duration date of the relevant collective agreement , it serves as an implied contract of service between employers and employees in terms of the rate of pay or conditions of employment shall be in accordance with the collective agreement unless it is being amended or varied by subsequent agreement or by industrial court decision. [Section 17 APP 1967]
What is Judicial Review?
Judicial Review is a process whereby the High Court exercises supervision over any proceedings and decisions by lower courts, tribunals and those who carry out quasi-judicial functions.
What can be done for the party aggrieved by the decision of the Minister of Human Resource?
Any party aggrieved by the decision of Minister of Human Resources may make a Judicial Review application within 3 months from the date receiving the decision (Rule 53 of the Rules of Court 2012).