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NEGOTIATION WORKPLACE
CONCILIATION DEPARTMENT
DEFINITION
- The employer refuses to allow the workers to work untill the dispute
between them is settled.
- The ultimate weapon of the employer against the union is the total
closure of a factory or plant, leading to loss of employment for all
workers involved.
4) A secret ballot must be held by those eligible stating issues leading to strike
5) Result must be send to DGTU by the union secretary within 14 days.
6) Strike only take place 2/3 agree.
7) Wait for 7 days after the submission of the ballot result to start the strike.
8) Only valid for 90 day, new ballot is required if no strike taken during this period.
STRIKES IN THE ESSENTIAL SERVICES
1) Banking and services
2) Electricity services
3) Fire services
4) Port, harbour and airport services
5) Postal and telecommunication services
6) Prison service
7) Public health service
8) Water service
9) Transport services and etc
STRIKE IS NOT PERMITTED IF:
Carried out by non-member
When the YDP Agong has refused permission for a trade dispute in the
public sector to be referred to the Industrial Court for arbitration
Legitimate strategy where the two parties involved which are employer
and the union discuss together until a satisfactory compromise is reached.
The solutions can be solved by mutual decision between the two parties
without the involvement of an outsider.
Mature and harmonious way of settling any dispute.
Under the Industrial Relations Act 1967, the legitimate rights of
employers and workmen or employees and their trade unions are
protected.
This Act also provides the procedure relating to submissions of claims for
recognition, scope, representation of trade union and collective bargaining.
Under this Act, matters relating to promotion, recruitment, dismissal,
transfer, retrenchment, reinstatement and allocation of duties and
prohibition of strikes and lockouts over any of these matters are not
allowed to be included in the proposal for collective bargaining.
Director-General of Industrial Relations cannot impose compulsory
conciliation until the parties have failed in their attempts at direct
negotiation.
Process which reach problem solution by involving with third party
Carried out by officers of Department of Industrial Relations who will meet
the parties either separately or jointly.
Conciliation may be requested by either of the disputing parties, or the
Director-General of Industrial Relations.
Lowering tensions, improving communication, interpreting issues, providing
technical assistance, exploring potential
solutions and bringing about a negotiated settlement.
The officers have no authority to insist that the parties accept any particular
recommendation.
In general, outcomes sought through conciliation fall into three categories:
1.An explanation as to what happened and why. This may also include an apology
or an acknowledgement of harm suffered.
2.Change in systems, policies or protocols.
3.A claim for refund of fees, compensation, or remedial treatment.
Encourage settlement of the complaint and assist the employer and the
employees to reach agreement
Helping to clarify the issues, gathering information, and arranging confidential
discussions between the parties.
Not the conciliator’s role to make a decision about the outcome or impose a
settlement.
• Maimunah Aminuddin - Similar to conciliation in that
a neutral third party is called in by the employer and the
trade union that is in the midst of a dispute to help them
find a settlement.
• Complaints of Non-
Compliance Claims for
Reinstatement Trade
• Request for Interpretation Dispute
• Request for Variation of
Collective Agreement or
Award
MINISTER
Industrial Court
REFERENCES