What are the legal sources or references under the jurisdiction of the Department of Industrial Relations?
Industrial Relations Act 1967 (Act 177), Industrial Relations Regulations 2009, and the Code of Conduct for Industrial Harmony. Code of Conduct for Industrial Harmony.
What can an employee do if they believe they have been unfairly dismissed?
Any employee who considers that their dismissal was without just cause or excuse is free to exercise their right to file a representation for reinstatement under Section 20 of the Industrial Relations Act (IRA) 1967.
Can a dismissed employee claim for compensation or other related claims when filing a case under Section 20 of the IRA 1967?
No. Claims under Section 20 of the IRA 1967 are strictly limited to representations for reinstatement only.
What is the meaning of a representation for reinstatement under Section 20 of the IRA 1967?
A representation for reinstatement refers to a claim made by an employee to return to work at the same company by filing a claim under the aforementioned Section and Act, enforced by the Department of Industrial Relations Malaysia (DIRM). Any employee who considers that their dismissal was without just cause or excuse is free to exercise their right to file a representation for reinstatement under Section 20 of the Industrial Relations Act 1967.
What are the requirements for filing a representation for reinstatement?
To make a final decision to seek reinstatement at the same company, file the representation within sixty (60) days from the date of dismissal, and lodge the representation at the DIRM branch office nearest to the employee’s last place of employment.
What happens after a representation is filed?
The DIRM will conduct a conciliation meeting between the employee who filed the representation (referred to as the claimant) and the former employer who made the dismissal decision. If the representation is settled between the claimant and the employer, the case is considered resolved at the DIRM level and will be closed. If no settlement is reached, the representation will be notified to the Director General of Industrial Relations to be referred to the Industrial Court.
What is meant by a Collective Agreement?
A Collective Agreement is a written agreement reached between an employer/employers’ union and a trade union, containing agreed terms and conditions of employment. The IRA 1967 mandates specific terms that must be provided in a Collective Agreement, including establishing a period of validity which shall not be less than three (3) years [(Sec. 14(2)(b)) IRA 1967], and providing procedures for the modification and termination of the collective agreement.
What is meant by Collective Bargaining?
Collective bargaining is a collective negotiation process between an employer/employers’ union and a trade union to reach a collective agreement. Either party whether the employer or the trade union may invite the other party in writing to commence collective bargaining [(Sec. 13(1)(a)(b)) IRA 1967]. The party receiving such an invitation must provide a reply within 14 days [(Sec. 13(4)) IRA 1967].
How to obtain cognizance for a Collective Agreement?
The Collective Agreement that has been signed by both parties involved shall be submitted jointly to the Registrar of the Industrial Court for the cognizance of the Industrial Court. The submission of the collective agreement must be done within one month from the date the agreement was signed [Section 16(1) IRA 1967]. (cognizance) Mahkamah Perusahaan. Pengemukakan perjanjian kolektif berkenaan mestilah dilakukan dalam tempoh satu bulan daripada tarikh perjanjian berkenaan dimeterai [Seksyen 16(1) APP1967].
What action can a trade union take if a Collective Agreement that has been given cognizance by the Industrial Court is not complied with?
If a Collective Agreement that has been given cognizance by the Industrial Court is not complied with, the trade union or any person bound by the agreement may lodge a written complaint with the Industrial Court. [Section 56 of the IRA 1967].
What are the implications for a Collective Agreement that has been given cognizance by the Industrial Court?
There are two (2) primary implications once a Collective Agreement has been given cognizance by the Industrial Court: cognizance oleh Mahkamah Perusahaan iaitu:
a. Perjanjian Kolektif yang telah diberi cognizance a. A Collective Agreement that has been given cognizance by the Industrial Court is deemed to be an ‘award’ and is binding on all parties involved in the agreement, including all employees currently employed or subsequently employed. “award” dan mengikat pihak-pihak yang terlibat dengan perjanjian tersebut termasuk semua pekerja-pekerja yang bekerja atau kemudiannya diambil bekerja.
b. Effective from the date and for the period specified in the agreement, the Collective Agreement shall be an implied term of the contract of service between the employees and the employer, where the wage rates and conditions of employment must follow the said agreement unless amended by a subsequent agreement or by a court decision. [Section 17 of the IRA 1967]
What is a Judicial Review?
Judicial Review is a process where the High Court reviews the proceedings and decisions of lower courts, tribunals, or any authority carrying out judicial duties.
What can be done by a party aggrieved by the decision of the Honorable Minister of Human Resources
If any party is aggrieved by the decision of the Honorable Minister of Human Resources, that party may apply for a Judicial Review within three (3) months from the date the decision was received (Order 53 of the Rules of Court 2012).