Industrial Relations Act of Malaysia

Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,

In 1947 it was revised to help better protect employees as well as employers. The revision stated that employees and managers must bargain “in good faith” with each other, and illegalized wild cat strikes, (refusing to work under a valid contract). These rights help employees as well as employers to be treated fairly. Forcing employees and employers to work together as a team can increase their understanding of where each side is coming from, as well as making it easier to compromise. The act also prevented businesses from becoming “closed shops,” (places where only union members were hired.) and prevented members from forcing others to join a union. Employees were also given the option to hold elections to certify and decertify unions. Employers were given the freedom to voice any concerns they had over unions so long as they did not interfere with the organization of unions. The revised act also gives the president the power to call off strikes in the event that it becomes a national emergency. A board may be hired to examine the situation of the strike so that the president may better understand why the situation has not been resolved. The president can then put an injunction on the strike; if a decision is not reached, the injunction can be extended.

This law is also known as the Wagner Act, named for Senator Robert F. Wagner, the man who championed it. In a nutshell this law protects employees’ rights to form and participate in labor unions. The book, Labor Relations: Striking a Balance identifies the central provisions of the Act. These provisions include the establishment of the National Labor Relations Board (NLRB) which answers representation questions and settles unfair labor practice claims. The act gives workers the right to form unions and bargain collectively. It identifies five unfair labor practices and “establishes exclusive representation for unions that have majority support and grants them rights of collective bargaining over wages, hours of employment and other conditions of employment” (Budd, 2010, pp. 119-121). The law also made it illegal for companies to fire employees for forming or joining unions and prohibited company managed unions.

changes to your terms or employment, this explains that the company reserves the right to make any changes to the terms and conditions of employment and that no less that one months notice will be given of any changes. Grievance procedure, this explains that if I have a grievance relating to my employment that I should raise this is writing in accordance to the grievance procedure.disiplinary & dismissal procedures. This explains that any disciplinary action relating to employment or dismissal procedure will be handled in accordance with the correct procedure.

The National Labor Relations Act seeks to promote collective bargaining to resolve employer and employee concerns. Because many agreements between labor and management sometimes affect and/or restrain competition under the context of the Sherman Act of 1890, a

7 The right of employees to strike in support of their bargaining demands is protected by

When speaking of unfair labor practices, it is imperative to note that, according to the provisions of the National Labor Relations Act, they include any attempts of an employer to prevent employees from organizing or creating their unions, restrain or interfere with their rights to support the existing union, affect their intentions and perceptions of union activities, threatening an employee with firing them or taking away their benefits predetermined by their competence if they choose to support the union (Legal Information Institute, n.d.; Noe et al.,

They are various employer tactics that interfere with employee’s “freedom of choice in being represented by their chosen advocates”. Unions may not try to influence management to discipline employees who did not join the union or refuse to represent employees because they are not union members. Some differences include that unions may not demand or require that an employer take action against an employer for any reason. A failure to pay union dues is an exception to this rule. Unions are also not allowed to force individuals to pay excessive initiation fees for union membership. In management, employers and unions may negotiate contract clauses requiring union membership as a condition of continued employment, also known as a union shop agreement. Also, employers may not refuse to bargain with an union over issues of pay, hours or other terms and conditions of employment. Furthermore, unions may not influence employees in the exercise of Section 7 rights. Meanwhile, in management an employer may not interfere with an employee engaging in any activity protected by Section 7. (Fossum,

This act includes protecting employees’ rights to self-organization and freedom, removing diplomatic labor dispute authority as of federal courts, and prohibition the yellow dog convention that proscribed a employee on or after synthesis a labor union as a phrase of employment.

The aim of employment law regulation is to provide legal protection to employees and employers the relationship between businesses.

The Court held an employer could not be compelled by the Act to do so if other channels of communication are available that allows the union to reach the employees, provided that the employer does not discriminate against the union by allowing other distributions. The Supreme Court stated that so long as the circumstances of the employment do not "place the employees beyond the reach of reasonable union efforts to communicate with them," respect for the employer 's property rights allow it to prohibit nonemployee access to its property. In doing so, the Court specifically differentiated the access rights of employees from those of nonemployees. The distinction [between employees and nonemployees] is one of substance. No restriction may be placed on the employees ' right to discuss self-organization among themselves unless the employer can demonstrate that a restriction is necessary to maintain production or discipline. Republic Aviation Corp. v. Labor Board, 324 U.S. 793, 803. But no such obligation is owed nonemployee organizers.” Ted Scott and Sara B. Kalis, Littler Mendelson, P.C.1.

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees

My opinion about the legislation is refers to laws made by a person or body, which has power to make law. In Malaysia, Parliament and Legislative Assemblies have powers to enact laws in their respective areas. Laws made by Parliament may extend to the whole country. However, laws enacted by a State Assembly only

Occasionally disagreements do occur, and in these cases the union may decide to take industrial action. If the problem cannot be resolved amicably, the matter may go to an industrial tribunal. The purpose of industrial tribunals is to make sure that employee and employers conform to employment laws. They are made up of people outside the workplace who make a judgment about the case, based on the employees and employers point of view. Cases that go to industrial tribunals are usually about pay, unfair dismissal, redundancy or discrimination at work. The Advisory, Conciliation and Arbitration Service (ACAS) is often used to help find a solution to a dispute, which is acceptable to both sides. Its duty under the Employment Protection Act is to promote the improvement of industrial relations and in particular to encourage the extension of collective bargaining and also to develop collective bargaining machinery (Mclean, 2007). Its main functions are: advisory work, collective conciliation, individual conciliation, arbitration, and extended investigation into industrial relations problems.

The Constitution under Section 231 of the Labour Relations & Industrial Dispute Act (LRIDA) under 4-1 speaks to the fact that the worker has the right to become a member of a trade union..