Beruflich Dokumente
Kultur Dokumente
(FSPPP)
(AM110 5B)
(PAD368)
EXAMPLES.
PREPARED BY:
PREPARED FOR:
SUBMISSION DATE:
We hereby certify that the material, which is submitted in this assignment is entirely our own
work and has not submitted for any academic assessment other than as part fulfillment of the
assessment procedure for the programme of Diploma In Public Administration.
...............................................................................................
...............................................................................................
...............................................................................................
CONTENTS PAGE
5.0 Conclusions 12
References 13
1.0 INTRODUCTION OF PUBLIC SECTOR INDUSTRIAL RELATION
employees within their work surroundings. It is related to the employees employment or non-
employment, which allow the employers to recruit the employees to work with them and
ensure the acknowledgement of the employees of being accepted to join the trade union. It is
also related on which the relationship between both parties occurs on the ground there is
certain terms and conditions of work that need to be followed by both parties.
indicate to the relationship between the government and public sectors workers. The role of
the government is related in public sector as an employer while employers here indicate to
the federal government, the state governments, the federal statutory authorities, the state
statutory authorities and the local authorities. The federal government is necessarily involved
Generally, the parties involved in industrial relations in the both sectors are not
constituted in the same way. Only a few employers in the private sector and some are
unionised while there is no employer union in the public sector. Other than that, the way
employees are grouped in the public sector is they may group themselves in unions or in
associations and still enjoy any of the benefits of union representation but different with the
private sector they must group themselves in trade unions to enjoy any of the benefits of
union representation.
The machineries catering for industrial relations in the public sector such as Salaries
Commissions and Salaries Committees, The Public Service Department, The Public Service
Tribunal and The Joint Councils is unique and has no comparable in the private sector.
1
2.0 SALARIES AND COMMISSIONS
Since the 1960s, a series of ad hoc commissions have been established to review the
salaries and other terms of service in the public sector and report their findings to the
government (Maimunah Aminuddin, 2016). Example of the most important commissions are
The Suffian Report 1967. In this report, Tun Mohamed Suffian Hashim appointed Chairman
of the Royal Commission on Salaries and Conditions of Service of the Public Service. What
came out of the Commission is the well known The Suffian Report which among others
recommended that government servants be given housing loans to build or buy houses of
their own during their tenure of government service (The Malaysian Bar, 2006). Another
important commissions are Tun Aziz report, Abdul Aziz Report, Harun Report, Ibrahim
government and their main function is to review salaries and other terms and conditions of
service in public sector. What is mean by the terms and conditions is it convey the meaning of
an employee carries out the duties and responsibilities assigned to him by his employer. In
In 1992, the Special Committee of the Cabinet on Salaries for the Public Sector is
establish in order to improve the existing schemes and as a result the New Remuneration
Scheme was introduced. A number of new benefits, such as paternity leave were introduced
under this system but, the key feature of the new system was that fixed annual increments
were no longer provided for. This is because to achieve with the governments aim of
improving the service of public sector employees. Instead, increments became dependant on
Aminuddin, 2016).
2
Later in 2002, the system was again being improved and renamed with the Malaysian
Remuneration Scheme. Under this modified scheme, increments as well as promotions are to
be based not only on performance appraisals but also on the evaluation of the staff members
competencies. In this modified scheme, each employee will be evaluated on his performance
during a specially designed course which ends with an examination. It was hoped that this
scheme would ensure that performance reviews of individual employees would be more
Despite that, CUEPACS which means Congress of Unions of Employees in the Public
and Civil Services has never been satisfied with the implementation of either of these systems
and has repeatedly requested their modification or total withdraw (Maimunah Aminuddin,
2016). This is what mentioned by Omar Osman, President of CUEPACS on his comment
the public sectors still not clear with the issues of accuracy of the system. He also highlighted
certain public service employees also not happy with the examination component as a
competencies level of assesment towards the staff member can provide high quality service of
the public. In this way, quality services will be consistently provided to the public and this
3
Employer-employee relations are critical to industrial harmony within the public
sector. Consultation between the employer and employees is the main method used to resolve
issues and problems relating to salary, allowances, perquisites and the term and conditions of
The National Joint Councils (NJCs) were originally set up in 1973, where three
Councils were established to replace the two Whitley Councils machinery of the United
Before 1973, the public service was segmented into three broad divisions. All trade
unions and staff associations within a particular sector were represented in their respective
NJCs. In 1979, the government revamped the NJCs and segmented it into five divisions. The
National Joint Council is purely an administrative which the design is to be consultative and
There are three National Joint Councils namely, NJC for employees in the
Management and Professional Group, NJC for Science and Technology employees in the
support group and NJC for General Workers in the Support Group. However, these councils
not available for Police Forces and Armed Forces, Senior Managerial Group and public
servants where SSB/SSM does not apply. These councils act as a consultation between
representatives of the federal government and of public sector employees on matters related
4
These NJCs are forum for discussion between unions representing the employees in
the public sector and the government. The reason why NJCs provide a forum for discussion
and consultation is to prevent or resolves differences. Unlike the private sector where unions
which represent more than 50% of the workforce in a particular category in an organisation
can apply to be recognised as the bargaining agent, the public sector unions are not extended
Although the government deals with or consults the trade unions on certain issues as
the representative of the public employees in question, no recognition is given to the trade
Previously, NJCs is responsible to negotiate wages and benefits for employees in the
public sector. The government in 1979 repealed the earlier executive order which permitted
the National Joint Council to "negotiate" with the government to matters pertaining to pay
and other conditions of employment. However, due to the strained relationship between
the government and the public sector trade unions, the government withdrew what it
considered as bargaining rights in 1979. This is lead to the functions of councils were
severely limited.
The Councils can be described as a form of joint consultation in that they provide a
channel of communication for the government to receive feedback from the unions in the
public service on the views of the public sector workers. In other words, the unions itself are
actually become a spokesman between the government and the employees. Therefore, the
word consultation is the best words to describe the interaction between the NJCs in both
parties.
5
The constitution of the National Joint Council allows all trade unions and associations
within each sector of the public service to be represented in the council. The union
representatives from each sector will then elect a body/committee that will function as the
staff side and subsequently make representations to the of official side-the employer.
This arrangement somewhat dissolves the identity of the individual trade unions in their
Therefore, the staff side in the National Joint Council is merely a committee which
has no standing in law to engage in collective bargaining (unless of course if the government
accepts or allows them to negotiate). There are therefore five separate NJCs through which
each of the five sectors may discuss with the relevant official side.
To ensure there is coordination in the NJCs' dealings with the official side (employer)
the NJCs have established a NJC Coordinating Committee which functions as a forum for the
five NJCs to discuss and present a common stand on labour-management issues. Since the
late 1960's the public sector unions have not engaged in any formal collective bargaining
The NJCs are supported by Department Joint Councils at the lower levels of the
public sector. The Department Joint Council (DJC), on the other hand is a forum for
discussion between management and employees at the departmental level. Its function is to
obtain the views of the employees on issues of common concern such as matters affecting
work efficiency and staff welfare in the unit involved. Therefore, the councils were
6
The service circular 1/79 calls for a network of department joint councils to discuss
issues within the power of the department heads. Unfortunately, most of the joint councils are
inactive, rarely meeting to discuss and resolve matters. In fact, many Departments have yet to
Although the National Joint Council is the primary platform for the employer-
employee relationship, there are other channels too. The large National Trade unions do
negotiate directly with the PSD and the Ministry or the government as in the recent case
between the National Union of Teaching Profession and the Ministry of Education over the
revamping of the teachers' schemes of service. The CUEPACS also holds talks with the
government over issues common to all public employees. Therefore, there are some parallel
7
4.0 PUBLIC SERVICES TRIBUNAL
anomalies in the implementation of the Cabinet Committee Report (CCR) on salaries and
The Public Service Tribunal (PST) is constituted by the Public Service Tribunal Act in
1977 and began operations in 1978. PST is an arbitration tribunal where its main function is
to determine any dispute in regard to any anomaly arising from the implementation of the
According to the Public Service Tribunal Act, an "anomaly" is: (a) any situation,
affecting the remuneration or terms or conditions of service of any public officer or class or
group of public officers and arising from the implementation of the recommendations of a
Salaries Commission, that constitutes a departure or deviation from, the principles underlying
the recommendations of the Salaries Commission and which remains a departure or deviation
from the principles in the recommendations of the Cabinet Committee; or (b) any situation,
affecting the remuneration or terms or conditions of service of any public officer or class or
group of public officers and arising from the implementation of the recommendations of the
Cabinet Committee, that constitutes a departure or deviation from the principles underlying
In other words, we can say any breach that affecting the remuneration or terms or
8
Such anomalies was first referred to the Public Services Department (PSD), where the
PSD rejected a workers claim that CCR was being incorrectly implemented, an appeal could
association/trade union affected (the "aggrieved person") to the Negotiations Division of the
Public Services Department. If the dispute is not resolved through negotiation, it may then be
Once a dispute has been referred for negotiation or arbitration, the Public Service
Tribunal Act makes it unlawful for any "aggrieved person", or for any member of a trade
described in the Act as a "proscribed industrial action". The decision of the Tribunal is "final
and conclusive, and shall be binding on the Government and on all parties to the anomaly,
case no later than six months from the date on which the decision was delivered. The PST has
considerable powers to summon witnesses to give evidence before the Tribunal or produce
documents in their possession, including the power to issue an arrest warrant if any person
fails to appear. It can also receive any evidence, written or oral, it thinks necessary or
desirable, even if such evidence would be inadmissible in a court of law. (Muneto Ozaki,
1988)
Finally, the PST, like the Industrial Court, is not a court of law and is therefore not the
9
5.0 PUBLIC SERVICES DEPARTMENT
Public Services Department (PSD) or Jabatan Pertahanan Awam (JPA) is one of the
important federal agencies that is headed by the Director General of Public service. Public
service department serves federal government as human resource department or acts as the
personnel department and it looks after practically all public sector employees. This Public
Service Department is under the Prime Ministerss Department and is the foremost human
resource management agency in the public sector in Malaysia. All aspects of human resource
management come within the jurisdiction of the PSD. (Maimunah Aminuddin, 2016).
The objectives of PSD is to rationalise the size of the public service by conducting a
Second, to provide with public service with service schemes and organisational structure that
is relevant, flexible and able to respond to current needs of the people. On the other hand,
PSD is also establish to develop the best and competent human capital to meet the public
services strategic needs trough dynamic training policies and sponsorship programmes.
Moreover, for the management of civil servants and development of human resource
management policies through strategic and effective service policies formulation and
implementation.
government. The PSD is accountable in several aspects in playing their roles and function.
Firstly, by planning to determine the roles of public sector, organizational sizes and structure
of the public agencies, the requirement and development of human resource, pension and
10
The functions of PSD is in the aspects of development. They are responsible to
career path, succession planning and to determine training policy. Next is the last aspects of
human resource database. It also to formulate and clarify policies and to manage policy
The Public Service Department is thus responsible for all planning and
11
CONCLUSIONS
As, conclusion, it is clear that the state is concerned with the problems which exist in
this industrial relations and the government take initiatives to resolve or to minimizes this
problem by the establishment of machineries in the the public sector industrial relations.
There is a genuine desire to bring about a more systematic approach to resolving them by
playing the roles of each machinery is accountable for. These are the machinery is important
in handling industrial conflicts so that industrial disputes do not occur or can be prevent.
The examples of some machineries that are establish in the public sector industrial
relations in public sector is Salaries and Committees, National Joint Council, Public Service
Tribunal and Public Service Departments out of the multiple machineries that has been
establish in Malaysia as mention above. This machinery has their own roles and functions to
be implemented that is distinguish from each others. They are responsible in implementing
their own policies and task that is obligated to them. Thus, this machineries is important in
the public sector industrial relations to ensure all necessary requirements is fulfil accordingly.
12
REFERENCES
1. A profile of the public service of Malaysia: Current good practices and new developments in public
2. Industrial Relations in the Public Sector. (n.d.). Retrieved July 15, 2016, from
https://www.scribd.com/doc/63483021/Industrial-Relations-in-the-Public-Sector
http://slidegur.com/doc/3192725/topic-2-trade-unions
4. Spicer, D. P., & Ahmad, R. (2006). Cognitive processing models in performance appraisal:
Evidence from the Malaysian education system. Human Res Manag J Human Resource Management
http://www.malaysianbar.org.my/echoes_of_the_past/the_late_tun_suffian_a_tribute_to_malaysias_gr
eatest_judicial_figure.html
13