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Causes Of Strike In Malaysia

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.0 INTRODUCTION
Research had found that, after comparing the rate of strike in Malaysia from 1967-1970 and in 2008-2010 has drastically decline. There are several factors that lead to decreased levels of strike in Malaysia. One of the reasons is trade union need to follow the strikes procedures, such as strikes are only legal if they comply with the regulations in the Industrial Relations Act 1967 and Trade Union Act 1959 (Kamal & Rose, 2003). If a trade union fails to fulfill the conditions of the strike, then the strike is called illegal. Thus, this leads a negative impact on all employees and organizers of strike, either directly or indirectly until they can be exposed to various forms of legal action.
According to Industrial Relations Act …show more content…

Benjamin and Hideaki (2004) defined that the causes of industrial confict lead to industrial actions by employees can be broadly classified into two categories, namely economic and non-economic causes. The economic causes included issues relating to compensation like wages, bonus, allowances and so on. While, the non-economic factors will include victimization of workers, sympathetic strikes, political factors, indiscipline and so on.
According to Fajana (1995), he defines that industrial conflict as the inability of the employers and employees to attain agreement on any issue related with the subject of employers-employees’ interactions. However, he had pointed out that many discussions about industrial relation and conflict management simply refer to strike because it is the most general and important aspect of industrial conflict.
Strikes are the most important aspect of industrial conflict. Strike is defined as temporary withdrawal of labor and stoppage of work. In the Section 45 (1) of the Industrial Relation 1967, state that a strike or a lock-out shall be deemed to be legal. Means that, all Malaysian workers have the right to strike when they are fulfills certain conditions and legal …show more content…

On February 4, 1974, the respondent union called out on strike its members who were employees of the appellant company. But in the next day, the company issued noticed to the employees on February 5 informing them that unless they returned to work and after 48 hours their services would be terminated. Where the employers prevent their employees from going to work until they accept terms imposed on them. The Malaysian Industrial Court, in a successful legal challenge by trade unions, had ordered employers to take back employees after a strike. The High Court granted the charmers for an order of certiorari to quash the decision of the Industrial Court on the ground that it has been canceled by an error of law on the face of the record. The Federal Court of Malaysia reversed the decision and on appeal to the Privy Council, the question is whether the High Court had exceeded its authority by granting certiorari to the Industrial

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