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Questions and Answers
What is the minimum number of workers required to form a trade union?
What is the minimum number of workers required to form a trade union?
Within how many months must applications to register a trade union be made following the first meeting?
Within how many months must applications to register a trade union be made following the first meeting?
Who must trade unions register with before starting their activities?
Who must trade unions register with before starting their activities?
Which group of individuals is prohibited from joining a trade union?
Which group of individuals is prohibited from joining a trade union?
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What age must individuals reach to have the right to join a trade union?
What age must individuals reach to have the right to join a trade union?
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What is the minimum duration for a collective agreement?
What is the minimum duration for a collective agreement?
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Which of the following is an example of a managerial prerogative?
Which of the following is an example of a managerial prerogative?
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If recognition of a trade union is denied, how long must they wait before reapplying?
If recognition of a trade union is denied, how long must they wait before reapplying?
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What is the primary outcome of collective bargaining?
What is the primary outcome of collective bargaining?
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What does Section 13(3) of the Industrial Relations Act 1967 state regarding collective bargaining?
What does Section 13(3) of the Industrial Relations Act 1967 state regarding collective bargaining?
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How is a trade dispute defined under the Industrial Relations Act?
How is a trade dispute defined under the Industrial Relations Act?
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Which of the following actions would be considered industrial action?
Which of the following actions would be considered industrial action?
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Which of the following is NOT typically included in a collective agreement?
Which of the following is NOT typically included in a collective agreement?
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What defines a national union?
What defines a national union?
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What is the first step in the process of recognition for a trade union?
What is the first step in the process of recognition for a trade union?
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Which of the following is NOT typically a subject of collective bargaining?
Which of the following is NOT typically a subject of collective bargaining?
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Which statement about employers' associations is true?
Which statement about employers' associations is true?
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What occurs if an employer does not respond to a union's application for recognition?
What occurs if an employer does not respond to a union's application for recognition?
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What is the minimum percentage of eligible workers a union must represent to be advised for recognition?
What is the minimum percentage of eligible workers a union must represent to be advised for recognition?
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In-house unions are characterized by what feature?
In-house unions are characterized by what feature?
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What is the role of the Department of Industrial Relations in the recognition process?
What is the role of the Department of Industrial Relations in the recognition process?
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What is the primary purpose of industrial relations systems?
What is the primary purpose of industrial relations systems?
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Which of the following groups is NOT part of the tripartite system of industrial relations?
Which of the following groups is NOT part of the tripartite system of industrial relations?
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What is one reason that workers choose to join trade unions?
What is one reason that workers choose to join trade unions?
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What is one of the roles of the Ministry of Human Resources regarding industrial relations?
What is one of the roles of the Ministry of Human Resources regarding industrial relations?
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What legal form describes an association of workers in Malaysia?
What legal form describes an association of workers in Malaysia?
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How does the Ministry of Human Resources facilitate conflict resolution in industrial relations?
How does the Ministry of Human Resources facilitate conflict resolution in industrial relations?
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Why is collective bargaining important in industrial relations?
Why is collective bargaining important in industrial relations?
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In the context of industrial relations, what does the term 'collective action' typically refer to?
In the context of industrial relations, what does the term 'collective action' typically refer to?
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What is considered the prime-most cause of industrial disputes?
What is considered the prime-most cause of industrial disputes?
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Which factor contributes to labor disputes related to working conditions?
Which factor contributes to labor disputes related to working conditions?
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What is a method used to settle trade disputes once referred to the Industrial Court?
What is a method used to settle trade disputes once referred to the Industrial Court?
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What is compulsory conciliation?
What is compulsory conciliation?
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What is a managerial cause that can lead to trade disputes?
What is a managerial cause that can lead to trade disputes?
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Which of the following is NOT a factor leading to industrial disputes?
Which of the following is NOT a factor leading to industrial disputes?
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What happens if both parties fail to settle a trade dispute through negotiations?
What happens if both parties fail to settle a trade dispute through negotiations?
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What is a common reason workers may strike?
What is a common reason workers may strike?
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What is the primary purpose of compulsory conciliation in public utilities?
What is the primary purpose of compulsory conciliation in public utilities?
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Who carries out conciliation in the context of industrial disputes?
Who carries out conciliation in the context of industrial disputes?
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In Malaysia, which entity has the power to arbitrate disputes between workers and employers?
In Malaysia, which entity has the power to arbitrate disputes between workers and employers?
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Which of the following is NOT a reason for a strike?
Which of the following is NOT a reason for a strike?
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Which condition is NOT required for a picket to be considered legal?
Which condition is NOT required for a picket to be considered legal?
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What does a lockout refer to in industrial disputes?
What does a lockout refer to in industrial disputes?
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What is the typical action taken by workers during a strike?
What is the typical action taken by workers during a strike?
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Which action can workers take when a trade dispute occurs?
Which action can workers take when a trade dispute occurs?
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Study Notes
Industrial Relations
- Industrial relations is the relationship between an employer and a trade union representing workers.
- An industrial relations system is tripartite, involving employers, employees (and their associations), and the government.
- The government's role is to regulate industrial relations, encouraging harmonious employer-employee relations.
- The Ministry of Human Resources is responsible for preparing legislation related to employers' and employees' rights.
- They are also responsible for enforcing labor standards, promoting safe work practices, and providing workforce training.
- They are actively involved in settling trade disputes.
Course Objectives
- Students should be able to identify the definition of industrial relations.
- Describe collective bargaining and collective agreements.
- Analyze the role of the Ministry of Human Resources in industrial relations.
- Discuss legal forms of industrial action.
- Explain reasons why workers join trade unions.
- Identify the settlement of industrial disputes.
- Determine the different types of trade unions.
Definition of Trade Unions
- A trade union is an association of workers.
- It represents workers' interests in negotiations with employers.
- These organizations are important in West Malaysia, Sabah, and Sarawak.
- Workers join trade unions for a voice, better wages, improved benefits, job security, showing support for fellow workers, and social connections.
Legal Requirements for Establishing a Trade Union
- Trade unions must be registered with the Department of Trade Unions before they can operate.
- A minimum of seven workers in the same trade, occupation, or industry can initiate a union.
- Registration applications must be filed within one month of the initial meeting where the decision to form the union was made.
Legal Requirements to Join a Trade Union
- Workers over 16 years old generally have the right to join a trade union.
- However, workers aged 16 to 21 cannot stand for union executive positions or participate in strike ballots.
- Members of the Royal Malaysian Police, prison service, and armed forces are excluded.
Types of Trade Unions
- National unions represent workers across different companies within the same industry or occupation.
- In-house unions represent employees within a single company.
- Employers' associations are formed by groups of employers.
- There are examples of national unions (e.g., NUTP, NUBE).
- Some in-house and employer union examples are given such as for the commercial banks.
Collective Bargaining
- Collective bargaining is a negotiation process between a trade union and an employer.
- During this process, the parties often negotiate terms and conditions of employment, including salaries, working hours, annual increments, public holidays, annual leave, sick leave, and maternity benefits.
- A trade union can invite an employer to begin collective bargaining once the union is recognized by the employer as a valid representative of its workers.
Process of Recognition
- A union applies for recognition by submitting necessary forms to the employer.
- The employer has 21 days to respond, either accepting or rejecting the application.
- If the employer rejects or fails to respond, the union can report the issue to the Director-General of Industrial Relations for further action.
- If the union represents more than 50% of the eligible workers, the DGIR may advise the employer to recognize the union.
Collective Agreements
- A collective agreement is a written agreement between an employer and a trade union.
- It details terms and conditions of employment.
- The agreement's duration is typically no less than three years.
- The agreement contains details about employment terms and worker conditions.
- It may include special provisions for the trade union.
Managerial Prerogatives
- Managerial prerogatives are the functions and rights of management.
- They are typically not included in collective bargaining agreements.
- The employer exercises discretion while managing the workplace.
- Examples include promotions, transfers, employment of people for vacancies, termination, and other business decisions.
Trade Disputes and Industrial Actions
- A trade dispute is a disagreement between an employer and workers.
- Industrial action is a measure taken to settle a workplace dispute, often focused on working conditions or employment terms.
- Common actions include picketing, strikes, and lock-outs.
Causes of Trade Disputes
- Wage demands frequently initiate labor disputes.
- Working conditions, hours, and facilities often cause worker dissatisfaction.
- Issues like managerial policies and automation of plant and machinery can also spark trade disputes.
Trade Dispute Settlement
- Dispute resolution methods include direct negotiation, conciliation, and arbitration.
- Direct negotiation occurs when both parties try to resolve the disagreement directly.
- Conciliation involves a third party, to facilitate a resolution between the parties in a case.
- Arbitration uses a neutral third party to decide on a solution if the other methods fail.
Direct Negotiation
- A direct method of resolving disputes, involving discussions between both parties.
- Direct negotiation is often seen as the ideal method, enabling amicable settlements.
- It is frequently encouraged by the Industrial Relations Act.
Conciliation
- A third party helps resolve a trade dispute through discussions.
- This process is sometimes compulsory in public utilities and critical industries, aiming for quicker dispute resolution, while avoiding undue hardship on the public.
Arbitration
- A neutral third party makes a binding decision to resolve a trade dispute.
- Arbitration is often used when other dispute resolution methods fail. In Malaysia, Industrial Courts hold the arbitration power.
Right to Take Industrial Action
- Malaysian law permits workers to engage in activities like picketing and strikes during trade disputes.
- Employers also have the right to impose lockouts in response to trade disputes.
Picketing
- Workers demonstrate collectively to exert pressure.
- Picketing is permitted when there's a valid trade dispute, at or near the workplace, avoiding intimidation or violence.
Strikes
- Workers collectively stop working to put pressure on their employer to meet demands.
- Legal strikes require proper steps, like a secret ballot with a majority vote supporting the strike.
- Certain sectors or workers may have exceptions.
Lockouts
- Employers close their facilities to pressure workers into meeting demands during a trade dispute.
- Lockouts follow similar legal procedures as strikes.
Summary
- Industrial relations define the relationship between employers and workers.
- These relationships can involve disputes that industrial relations departments handle; they're capable of managing disputes and ensuring amicable settlements.
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Description
Test your knowledge on the Industrial Relations Act and trade union regulations. This quiz covers essential topics such as the formation of trade unions, collective agreements, and the rights of workers. Challenge yourself to see how well you understand the intricacies of industrial relations.
