1 / 20

MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin. Chapter Eight The Industrial Court. Preview. Purpose of the Industrial Court Disputes arbitrated by the Court Claims for reinstatement Retrenchment of employees. The Industrial Court.

pblue
Télécharger la présentation

MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAW Author: Maimunah Aminuddin

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. MALAYSIAN INDUSTRIAL RELATIONS & EMPLOYMENT LAWAuthor: Maimunah Aminuddin Chapter Eight The Industrial Court Malaysian Industrial Relations & Employment Law

  2. Preview • Purpose of the Industrial Court • Disputes arbitrated by the Court • Claims for reinstatement • Retrenchment of employees Malaysian Industrial Relations & Employment Law

  3. The Industrial Court • The main objective of the Industrial Court is to provide a peaceful and unbiased means of settling disputes between employers and employees. • The Court arbitrates disputes when conciliation fails. Malaysian Industrial Relations & Employment Law

  4. The Industrial Court, cont. The Court’s awards (decisions) are made by: • aPresident, and. • a number of chairmen. Malaysian Industrial Relations & Employment Law

  5. The Industrial Court, cont. Disputes heard by the Court include: • Trade disputes between trade unions and employers • Claims for reinstatement by individual workers • Claims of non-compliance with a CA or an award of the Court • Requests for interpretation of a CA or an award Malaysian Industrial Relations & Employment Law

  6. The Industrial Court, cont. Trade disputes arbitrated by the Court relate either to: • an individual grievance where the worker is represented by his union, or • a dispute relating to a collective agreement. Malaysian Industrial Relations & Employment Law

  7. The Industrial Court, cont. Claims for Reinstatement • Under Section 20 Industrial Relations Act, a dismissed employee may file a claim for reinstatement within 60 days of his dismissal. • Claim is made at Department of Industrial Relations. • If conciliation is successful, case closed. Malaysian Industrial Relations & Employment Law

  8. The Industrial Court, cont. Claims for Reinstatement • If conciliationunsuccessful,Minister of Human Resources is authorised by the Act to decide whether or not to refer the dispute to the Industrial Court. • If dispute is referred to Court, a hearing will be held. Malaysian Industrial Relations & Employment Law

  9. The Industrial Court, cont. Claims for Reinstatement • After hearing theevidencepresented by the employer and the employee, the Court will decide whether the employee was dismissedwith or without just cause or excuse. • If Court decides dismissal was with just cause and excuse,dismissal is upheld. Malaysian Industrial Relations & Employment Law

  10. The Industrial Court, cont. Claims for Reinstatement • If Court decides dismissal waswithout just cause or excuse, Court will either: • orderreinstatementof employee,OR • order employer to paycompensation. Malaysian Industrial Relations & Employment Law

  11. The Industrial Court, cont. Claims for Reinstatement Compensation: One month’s wages for every year employee’s service with the employer AND Backwages from date of dismissal to date of Court award, but a maximum of 24 months is imposed by law Malaysian Industrial Relations & Employment Law

  12. Retrenchment of employees • Employers have the right to terminate an employee’s contract when he is surplus to the employer’s needs, i.e. he is redundant. • To be fair, a retrenchment exercise should comply with the Code of Conduct for Industrial Harmony. Malaysian Industrial Relations & Employment Law

  13. Retrenchment of employees, cont. Employers are expected to take steps to avoidretrenching workers such as: • Freezing recruitment of workers and re-deploying redundant workers into vacancies that arise • Limiting or ceasing overtime/public holiday work Malaysian Industrial Relations & Employment Law

  14. Retrenchment of employees, cont. • Reducing working hours and wages (with consent of employees) • Conduct a Voluntary Separation Scheme (VSS) Malaysian Industrial Relations & Employment Law

  15. Retrenchment of employees, cont. If retrenchment cannot be avoided, employer must: • Choose who to retrench based on: • FOF • LIFO Malaysian Industrial Relations & Employment Law

  16. Retrenchment of employees, cont. • Give proper notice to the employees concerned • Pay termination benefits where required Malaysian Industrial Relations & Employment Law

  17. Retrenchment of employees, cont. Which employees are entitled to termination/retrenchment benefit? • Employees within the scope of the Employment Act • Employees within the scope of a CA • Employees who have a clause providing for retrenchment benefit in their contract of employment Malaysian Industrial Relations & Employment Law

  18. Retrenchment of employees, cont. Termination/ Retrenchment benefit under the Employment Act: • Employees with less than 1 year’s service:No benefit • Employees with more than 1 year & less than 2 years: 10 days wages for each year of service Malaysian Industrial Relations & Employment Law

  19. Retrenchment of employees, cont. • Employees with more than 2 years and less than 5 years: 15 days wages for each year of service • Employees with more than 5 years: 20 days wages for every year of service Malaysian Industrial Relations & Employment Law

  20. Review • Purpose of the Industrial Court • Disputes arbitrated by the Court • Claims for reinstatement • Retrenchment of employees Malaysian Industrial Relations & Employment Law

More Related