Labour law and Industrial relations

The law Industrial relations

The law: definitions

The most general term for all rules to which people in any society conform, whether by custom or by enforcible governmental regulations The body of rules enforced in any community through courts or administrative agencies, or through any official acts within the authority granted to his office.
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The law: definitions

The rule and bond of mens actioner, a rule for the well governing of civil society, to give every man that which both belong to him; a rule of action to which men are obliged to make their moral conduct conformable. (Sinha & Dheeraj(1996) Legal Dictionary, International Law Books)

Industrial relations

The relationship between workers and their employers within the work environment Relations between employee or labour relations 3 major areas in industrial relations: the relationship between employers and trade unions; employment law; disciplinary procedures and termination of employment contract.
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Industrial relations focus areas

Laws and rules which impact on work environment Terms and conditions of work Rights and obligations of employers and employees Processes rules and terms are made. i.e decision making process

Industrial relations target groups

Workers Trade union leaders Managers Lawyers Officers and executives in human resource and industrial relations department

Industrial relations systems: Tripartite

Industrial relations systems are tripartite and made up of 3 parties The employer, the employees and the government Important element:decision making in areas relating to work life can be made unilaterally, bilaterally or in tripartite manner

Industrial relations systems: Tripartite

National Labour Advisory Council(NLAC) machinery for tripartite discussion Advisory body, Chaired by Minister of Human Resources, 14 workers rep,14 employers rep,12 govt rep, MTUC,(Malaysian Trades Union Congress) CUEPACS(Congress of Unions of Employees in the Public and Civil Service),MEF(Malaysian Employers Federation).
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Employment/Labour laws
The Employment Act, 1955 Industrial Relations Act,1967 Trade Union Act, 1959 The Employees Provident Act, 1991 The Employees Social Security Act, 1969 The Occupational Safety and Health Act,1994

Employment Act, 1955

Provides provisions to protect workers from from exploitation and to provide minimum benefits for all workers covered under the Act i.e salary RM1,500.p.m, manual labour, or supervisors of such workers, drivers or maintainers of vehicles. Benefits: termination and maternity benefits, weekly rest day, annual and sick leave.
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Employees Provident Fund Act, 1991

Establishes a system of compulsory savings so that employees will have money to support themselves once retired Act covers all employees Administered by Employees Provident Fund Board

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Employees Social Security Act, 1969

Administered by Social Security Organisation(SOCSO) Ensures that employees receive compensation in cases of work related accident or illness EPF and SOCSO; Malaysias social security system for workers

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Occupational Safety and Health Act, 1994

Provides guidelines and establishes responsibilities of various parties in respect to safety and health

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Trade Unions Act, 1959

Controls the activities of trade unions so that they can develop in a orderly and peaceful manner. By way of rules and regulations which unions are required to follow.

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Industrial Relations Act, 1967

Provides regulations for relations between employers, employees and their unions Provides rules and regulations to prevent and settle disputes between employers and employees to ensure harmonious industrial relations

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Governments goal in industrial relations

To encourage harmonious relationship between employers and employees in the interest of nations productivity.

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The Courts
Industrial court High Court Court of Appeal Federal Court

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