Malaysia Industrial Relations Case Study

Introduction

1.0 Introduction

Malaysia is country that consist tripartite system of the industrial relations. Hence, the decisions on the policies and legislation are mode jointly by the representation of the union, the employer and the government. Malaysia also update itself for achieve the status of fully industrialized nation by the year of 2020. Industrial relation is very important because it might can use to examine to examine the fundamental issues that relating to labor and industrial relations.

Today, there are many trade dispute happened. According to the official portal of ministry of human resources, trade dispute can be define as the dispute between employer and his workmen on the issues that relating to employment or non-employment

It means a claims submitted by a trade union to and employer and processed by the department of Industrial Relations Malaysia to determine whether the trade union is eligible or not and have the majority to represent workers in collective bargaining. Below is the statistic that taken from the official portal of Ministry of Human Resources is about the claim for recognition from year 2009 to 2013. In year 2011, the case of claim for recognition have 107 cases in Malaysia, it also is the year of most cases happened within the 5 year. Employees should follow with the Trade Union Act 1959 and Industrial Relation Act 1967 for register the trade union. If the employer refuse to recognize the trade union, employees can follow the procedure of Trade Union Act 1959 or Industrial Relations Act 1967 to get the recognition. Some employer dislike the trade union because they feel trade union might bring some trouble in the future. Employer also think that union will disturb the relationship between employer and employee. Besides that, employer also perceive that union abilities are

First method is conciliation. Conciliation is carried out by the Industrial Relations Officers that from government will meet the two parties, either separately or jointly. The role of the conciliator is identify the issue, brief the problem and give advice. The conciliator also will give the explanation of the problem and help the parties to arrive at a compromise which is acceptable to both parties. The conciliator has no authority to insist ant party or the parties to accept any recommendation. Next method of trade dispute resolution is fact findings. During the fact finding, Minister of Human Resources will appoint two agencies or machineries. They are Board of Inquiry and Committee of Investigation. Committee of investigation consist one or more persons appointed by Minister. They have the power and authority to investigate the cause of and the circumstances surrounding the trade dispute. After the investigation, they need to make a report to the Minister. Board of Inquiry also consist one or more persons appointed by Minister. They have more power than the committee of investigation such as they can summon witnesses to give evidence on oath or affirmation. The discretion to sit in private or public. Besides that, the discretion to make Interim Report that must be laid down before the Dewan Rakyat ‘as soon as may be’. Besides that, arbitration is the method of settling dispute whereby the two