INDUSTRIAL RELATIONS ACT 1967 (REVISED - 1976)
(1) This Act may be cited as the Industrial Relations Act 1967 .
(2) (Omitted) .
In this Act, unless the context otherwise requires:
"award" means an award made by the Court in respect of any trade dispute or matter referred to it or any decision or order made by it under this Act;
"Board" means the Board of Inquiry appointed under Part VIII;
"Chairman" means the Chairman of a division of the Court constituted under section 23;
"collective agreement" means an agreement in writing concluded between an employer or a trade union of employers on the one hand and a trade union of workmen on the other relating to the terms and conditions of employment and work of workmen or concerning relations between such parties;
"collective bargaining" means negotiating with a view to the conclus 2A PART I PRELIMINARY-2A. Appointment of Director General for Industrial Relations.
(1) The Yang di-Pertuan Agong shall appoint a Director General for Industrial Relations who shall have the general direction, control, and supervision of all matters relating to industrial relations.
(2) The Yang di-Pertuan Agong:
(a) shall appoint a Deputy Director General for Industrial Relations; and
(b) may appoint such number of Directors of Industrial Relations, Principal Assistant Directors of Industrial Relations, Assistant Directors of Industrial Relations and Industrial Relations Officers as he considers necessary or expedient for the purposes of carrying out and giving effect to the provisions of this Act;
[(2) Subs. by Act 1322: s.4]
(2A) The persons appointed under subsections (1) and (2) shall be persons from the Industrial Relations Officers Scheme of Service and such appointments shall be published in the Gazette .
3 PART II PROTECTION OF RIGHTS OF WORKMEN AND EMPLOYERS AND THEIR TRADE UNIONS-3. Expression "trade union".
For the purposes of this Part, the expression "trade union" includes an association that has applied to be registered as a trade union.
4 PART II PROTECTION OF RIGHTS OF WORKMEN AND EMPLOYERS AND THEIR TRADE UNIONS-4. Rights of workmen and employers.
(1) No person shall interfere with, restrain or coerce a workman or an employer in the exercise of his rights to form and assist in the formation of and join a trade union and to participate in its lawful activities.
(2) No trade union of workmen and no trade union of employers shall interfere with each other in the establishment, functioning or administration of that trade union.
(3) No employer or trade union of employers and no person acting on behalf of such employer or such trade union shall support any trade union of workmen by financial or other means, with the object of placing it under the control or influence of such employer or such trade union of employers.
5 PART II PROTECTION OF RIGHTS OF WORKMEN AND EMPLOYERS AND THEIR TRADE UNIONS-5. Prohibition on employers and their trade unions in respect of certain acts.
(1) No employer or trade union of employers, and no person acting on behalf of an employer or such trade union shall:
(a) impose any condition in a contract of employment seeking to restrain the right of a person who is a party to the contract to join a trade union, or to continue his membership in a trade union;
(b) refuse to employ any person on the ground that he is or is not a member or an officer of a trade union;
(c) discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on the ground that he is or is not a member or officer of a trade union;
(d) dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman:
(i) is or proposes to become, or seeks to persuade any other
6 PART II PROTECTION OF RIGHTS OF WORKMEN AND EMPLOYERS AND THEIR TRADE UNIONS-6. Leave on trade union business.
A workman intending to carry out his duties or to exercise his rights as an officer of a trade union shall apply in writing to his employer for leave of absence stating the durations of and the purposes for which such leave is applied for and the employer shall grant the application for leave if the duration of the leave applied for is for a period that is no longer than what is reasonably required for the purposes stated in the application:
Provided that a workman shall not be entitled to leave with pay for the duration of his absence if the purposes for which he is absent from work are not to represent the members of his trade union in relation to industrial matters concerning his employer.
7 PART II PROTECTION OF RIGHTS OF WORKMEN AND EMPLOYERS AND THEIR TRADE UNIONS-7. Prohibition on workmen and their trade unions in respect of certain acts.
No workman or trade union of workmen and no person acting on behalf of such trade union shall:
(a) except with the consent of the employer, persuade at the employer's place of business during working hours a workman of the employer to join or refrain from joining a trade union:
Provided that the provisions of this paragraph shall not be deemed to apply to any act by a workman employed in the same undertaking where the act does not interfere with his normal duties;
(b) intimidate any person to become or refrain from becoming or to continue to be or to cease to be a member or officer of a trade union; or
(c) induce any person to refrain from becoming or cease to be a member or officer of a trade union by conferring or offering to confer on any person or by procuring or offering to procure any advantage.
8 PART II PROTECTION OF RIGHTS OF WORKMEN AND EMPLOYERS AND THEIR TRADE UNIONS-8. Reference of complaint to Industrial Court.
(1) Any complaint of any contravention of section 4, 5, or 7 may be lodged in writing to the Director General setting out all the facts and circumstances constituting the complaint.
(1A) Where a complaint in subsection (1) relates to the dismissal of a workman, the provisions of section 20 shall apply to the exclusion of subsections 8(2) to 8(4).
[Ins. by Act A1322: s.7]
(2) The Director General upon receiving any complaint under subsection (1) may take such steps or make such enquiries as he considers necessary or expedient to resolved the complaint; where the complaint is not resolved the complaint; where the complaint is not resolved the Director General may, if he thinks fit, refer the complaint to the Court for hearing.
[Am. Act A1615:s.3]
(2A) (Deleted by Act A1615:s.3)
(3) The Court shall thereupon conduct a hearing in accordance with this Act and may m
8A PART II PROTECTION OF RIGHTS OF WORKMEN AND EMPLOYERS AND THEIR TRADE UNIONS-8A. Employer may provide information on collective bargaining and trade dispute to his workmen.
Nothing in this Act shall be construed as preventing an employer from conveying to his workmen, in such manner as he may deem appropriate, any information on any matter pertaining to any collective bargaining or trade dispute involving such workmen and the trade union acting for them.
9 PART III RECOGNITION AND SCOPE OF REPRESENTATION OF TRADE UNIONS-9. Claim for recognition.
(1) No trade union of workmen the majority of whose membership consists of workmen who are not employed in any of the following capacities, that is to say:
(a) managerial capacity;
(b) executive capacity;
(c) confidential capacity; or
(d) security capacity,
may seek recognition or serve an invitation under section 13 in respect of workmen employed in any of the abovementioned capacities.
(1A) Any dispute arising at any time, whether before or after recognition has been accorded, as to whether any workman or workmen are employed in a managerial, executive, confidential or security capacity may be referred to the Director General by a trade union of workmen or by an employer or by a trade union of employers.
(1B) The Director General, upon receipt of a reference under subsection (1A), may take such steps or make such enquiries as he may
10 PART III RECOGNITION AND SCOPE OF REPRESENTATION OF TRADE UNIONS-10. Prohibition of strike, lock-out, picketing and termination of service pending recognition of a trade union.
(1) No workman shall go on strike or do anything which is rendered lawful by virtue of the proviso to subsection 40(1) for whatever reason during the pendency of proceedings under section 9, or after the decision of the Director General thereunder by reason of any dissatisfaction with such decision.
[Am. Act A1615:s.6]
(2) No employer shall declare a lock-out or terminate the services of a workman once a trade union of workmen has served on the employer or a trade union of employers to which the employer belongs a claim for recognition under section 9(2) in respect of workmen or a class of workmen:
Provided that this restriction shall not apply:
(a) where a dismissal is effected on disciplinary grounds;
[Am. by Act A1322: s.9]
(b) where the claim for recognition is deemed to have been withdrawn under subsection 9(4) or has been decided by the
10A PART III RECOGNITION AND SCOPE OF REPRESENTATION OF TRADE UNIONS-10A. No other claims after trade union has made a claim.
Where a claim for recognition by a trade union in respect of workmen or a class of workmen has been made under section 9, no other trade union of workmen shall make a claim for recognition under that section or be accorded recognition in respect of the same workmen or class of workmen until the claim is resolved under paragraph 9(3)(a) or deemed to have been withdrawn under subsection 9(4), or decided by the Director General under subsection 9(5).
[10A. Ins. Act A1322:s.10; Am. Act A1615:s.7]
11 PART III RECOGNITION AND SCOPE OF REPRESENTATION OF TRADE UNIONS-11. Trade unions accorded recognition.
Where a trade union has been accorded recognition in respect of any workman or class of workmen whether by a decision of the Director General or otherwise no other trade union shall make any claim for recognition in respect of the same workman or class of workmen unless a period of three years has elapsed after such recognition has been accorded or the trade union which has been accorded recognition is no longer in existence.
[Am. Act A1615:s.8]
12 PART III RECOGNITION AND SCOPE OF REPRESENTATION OF TRADE UNIONS-12. Trade unions not accorded recognition.
Where a claim for recognition:
(a) has been withdrawn by the trade union of workmen concerned after a report has been made by the trade union of workmen to the Director General under subsection 9(4); or
(b) has been decided by the Director General under subsection 9(5), resulting in the trade union of workmen concerned not being accorded recognition,
[Am. Act A1615:s.9]
such trade union shall not make any further claim for recognition in respect of the same workmen or class of workmen until six months have elapsed from the date of such withdrawal or decision.
[Subs. by Act A1322: s.11]
13 PART IV COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS-13. Collective bargaining.
(1) Where a trade union of workmen has been accorded recognition by an employer or a trade union of employers:
(a) the trade union of workmen may invite the employer or trade union of employers to commence collective bargaining; or
(b) the employer or the trade union of employers may invite the trade union of workmen to commence collective bargaining.
(2) The invitation under subsection (1) shall be in writing and shall set out the proposals for a collective agreement.
(2A) A proposal for a collective agreement may provide for one or more of the following:
(a) provision for training to enhance skills and knowledge of the workmen;
(b) provision for an annual review of the wage system; and
(c) provision for a performance-based remuneration system.
"Provided that where there is an existing collec
14 PART IV COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS-14. Collective Agreements.
(1) A collective agreement shall be in writing and signed by the parties to the agreement or by persons authorized in that behalf.
(2) A collective agreement shall set out the terms of the agreement and shall, where appropriate:
(a) name the parties thereto;
(b) specify the period it shall continue in force which shall not be less than three years from the date of commencement of the agreement;
(c) prescribe the procedure for its modification and termination; and
(d) unless there exists appropriate machinery established by virtue of an agreement between the parties for the settlement of disputes, prescribe the procedure for the adjustment of any question that may arise as to the implementation or interpretation of the agreement and reference of any such question to the Court for a decision.
(3) Any term or condition of employment, contained in
15 PART IV COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS-15. [Deleted by Act A1322: s.13].
[Deleted by Act A1322: s.13] .
16 PART IV COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS-16. Deposit of collective agreements.
(1) A signed copy of the collective agreement shall be jointly deposited by the parties with the Registrar within one month from the date on which the agreement has been entered into and the Registrar shall there upon bring it to the notice of the Court for its cognizance.
(2) The Court may in its discretion:
(a) refuse to take cognizance of the collective agreement deposited under subsection (1) if it is of the opinion that the agreement does not comply with section 14; or
(b) before taking cognizance of the collective agreement deposited under subsection (1), require that such part thereof as does not comply with section 14 shall be amended in such manner as the Court may direct.
(3) If any party to the collective agreement fails to carry out such direction the Court may, notwithstanding any other power exercisable under this Act, amend the copy of the collective agreement i
17 PART IV COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS-17. Effect of collective agreement.
(1) A collective agreement which has been taken cognizance of by the Court shall be deemed to be an award and shall be binding on :
(a) the parties to the agreement including in any case where a party is a trade union of employers, all members of the trade union to whom the agreement relates and their successors, assignees or transferees; and
(b) all workmen who are employed or subsequently employed in the undertaking or part of the undertaking to which the agreement relates.
(2) As from such date and for such period as may be specified in the collective agreement it shall be an implied term of the contract between the workmen and employers bound by the agreement that the rates of wages to be paid and the conditions of employment to be observed under the contract shall be in accordance with the agreement unless varied by a subsequent agreement or a decision of the Court.
18 PART V CONCILIATION-18. Reference of disputes for conciliation
(1) Where a trade dispute exists or is apprehended, that dispute, if not otherwise resolved, may be reported to the Director General by:
(a) an employer who is a party to the dispute or a trade union of employers representing him in the dispute; or
(b) a trade union of workmen which is a party to the dispute.
(2) The Director General shall consider any dispute reported to him under subsection (1) and take such steps as may be necessary or expedient for promoting an expeditious settlement thereof;
Provided that where the dispute relates to the dismissal of a workman, the provisions of section 20 shall apply.
(3) Where a trade dispute exists or is apprehended, which in his opinion is not likely to be settled by negotiation between the parties, the Director General may, if he deems it necessary in the public interest, take such steps as may be necessary or expedient for p
19 PART V CONCILIATION-19. Information, documents and compulsory conference for conciliation.
(1) Where a trade dispute has been reported to the Director General under section 18 (1) or where the Director General has taken steps under subsection (3) of that section, the party reporting the dispute and, if directed to do so by the Director General, the other party shall furnish to the Director General within such period as may be specified in the direction all the necessary information relating to the matters in dispute, together with, wherever possible and appropriate, an agreed statement setting out the points, if any, on which they have already reached agreement and the points on which there is still disagreement.
(2) The Director General may, if he deems it necessary or expedient, direct any person engaged in or connected directly or indirectly with the trade dispute in respect of which steps have been taken under section 18 to attend a conference to be presided over by the Director General or such person as he may appoint at such ti
19A PART V CONCILIATION-19A. The Minister may conciliate in any trade dispute.
Notwithstanding the provisions of this Part, the Minister may, at any time, if he considers it necessary or expedient, take such steps as may be necessary to conciliate in any trade dispute.
19B PART V CONCILIATION-19B. Representation in conciliation proceedings.
(1) In any conciliation proceedings under this Part:
(a) an employer who is a party to the trade dispute may:
(i) represent himself or be represented by his duly authorized employee;
(ii) where he is a member of a trade union of employers, be represented by any officer or employee of such trade union of employers; or
(iii) notwithstanding anything to the contrary contained in any written law relating to the registration of trade unions, be represented by any official of an organization of employers registered in Malaysia (not being a trade union of employers);
[(a) Subs. by Act A1322: s.15]
(b) a trade union of workmen which is a party to the trade dispute may be represented by an officer or employee of such trade union, or, notwithstanding anything to the contrary contained in any written law relating to the registration of
20 PART VI REPRESENTATIONS ON DISMISSALS-20. Representations on dismissals.
(1) Where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse by his employer, he may make representations in writing to the Director General to be reinstated in his former employment; the representations may be filed at the office of the Director General nearest to the place of employment from which the workman was dismissed.
(1A) The Director General shall not entertain any representations under subsection (1) unless such representations are filed within sixty days of the dismissal:
Provided that where a workman is dismissed with notice he may file a representation at any time during the period of such notice but not later than sixty days from the expiry thereof.
(2) Upon receipt of the representations the Director General shall take such steps as he may consider necessary or expedient so that an expeditious settlement the
21 PART VII INDUSTRIAL COURT-21. Industrial Court.
(1) For the purposes of this Act, there shall be an Industrial Court which shall consist of:
(a) a President who shall be appointed by the Yang di-Pertuan Agong;
[(a) Am. Act A1615:s.13]
(aa) a Deputy President who shall be appointed by the Yang di-Pertuan Agong; and
[(aa) Ins. Act A1615:s.13]
(b) a panel of persons representing employers and a panel of persons representing workmen all of whom shall be appointed by the Minister:
Provided that before appointing the panels the Minister may consult such organizations representing employers and workmen respectively as he may think fit.
(2) During the absence of or inability to act from illness or any other cause by the President, the Yang di-Pertuan Agong may appoint another person to exercise the powers or perform the functions of the President and, no
22 PART VII INDUSTRIAL COURT-22. Constitution of the court.
(1) For the purpose of dealing with any trade dispute referred to it, the Court, except where otherwise provided by this Act, shall be constituted of the President and two members selected by the President, one from each of the panels specified in section 21(1).
(2) If any member other than the President is unable to attend or continue to attend any proceedings of the Court or ceases to be a member, the President may select another member from the appropriate panel to fill the vacancy.
(3) The Court may with the consent of the parties to the dispute act notwithstanding any vacancy in its number or in the absence of any member other than the President from any hearing or any part thereof and no act, proceeding or award of the Court shall be called in question or invalidated by reason of any such vacancy or absence.
(4) Any member of the Court constituted under this section whose appointment expires during the proceedings of the C
23 PART VII INDUSTRIAL COURT-23. Divisions of the Court.
(1) The Court may sit in two or more Divisions with the same or different Chairman.
(2) The Yang di-Pertuan Agong may by notification in the Gazette appoint any person to be a Chairman of any division of the Court.
(3) Any Division shall be constituted of a Chairman and two members selected by the President, one from each of the panels specified in section 21(1).
(4) Notwithstanding the foregoing subsections, for the purpose of dealing with any reference to the Court under subsection 20(3) or any complaint of non-compliance of an award for a reference made under subsection 20(3), a Division may be constituted by the Chairman sitting alone.
[(4) Am. Act A1322:s.18; Am. Act A1615:s.15]
(5) The Court may, with the consent of the parties to the dispute, act notwithstanding any vacancy in its number or in the absence of any member other than the Chairman from any hearing or any part the
23A PART VII INDUSTRIAL COURT-23A. Qualification of President and Chairman of Industrial Court.
(1) A person is qualified for appointment as President under paragraph 21(1) (a) and as Chairman under subsection 23(2) if, for the seven years preceding his appointment, he has been:
(a) an advocate and solicitor within the meaning of the Legal Profession Act 1976 [Act 166] ;
(b) an advocate within the meaning of the Advocates Ordinance of Sabah [Sabah Cap. 2] ;
(c) an advocate within the meaning of the Advocates Ordinance of Sarawak [Sarawak Cap. 110] ; or
(d) a member of the judicial and legal service of the Federation or of the legal service of a State,
or sometimes one and sometimes another.
(2) Notwithstanding subsection (1), a qualified person as defined in the Legal Profession Act 1976 [Act 166] or any laws replacing it, with at least fifteen years of experience in labour and industrial relations in the
24 PART VII INDUSTRIAL COURT-24. Protection and immunity to members of the Court.
(1) Every person appointed under section 21 and 23, in the performance of his duties and functions, shall be deemed to be a public servant within the meaning of the Penal Code [Act 574] .
(2) Notwithstanding anything to the contrary in any written law, no member of the Court shall be compelled by any court to appear as a witness or party in any proceedings before that Court in relation to any act, matter or thing performed by him as a member of the Court under this Act.
25 PART VII INDUSTRIAL COURT-25. Registrar and Officers.
(1) There shall be appointed a Registrar, a Deputy Registrar, and such number of Assistant Registrars of the Court and other officers and staff as may from time to time be considered necessary or expedient for the purposes of this Act.
(2) The duties of the Registrar, Assistant Registrars, Deputy Registrar, and other officers and staff of the Court shall, subject to this Act and the rules made thereunder, be as the President directs.
[Am. by Act A718: s. 13]
(3) The persons appointed under subsection (1) shall be persons from the Industrial Relations Officers Scheme of Service and such appointments shall be published in the Gazette.
[(3) Ins. Act A1615:s.17]
26 PART VII INDUSTRIAL COURT-26. Reference of trade disputes to the Court.
(1) Where a trade dispute exists or is apprehended, the Minister may, if that dispute is not otherwise resolved, refer the dispute to the Court on the joint request in writing to the Minister by the trade union of workmen which is a party to the dispute or a trade union of employers which is a party to the dispute.
(2) The Minister may of his own motion or upon receiving the notification of the Director General under section 18(5) refer any trade dispute to the Court if he is satisfied that it is expedient so to do:
Provided that in the case of a trade dispute in any Government service or in the service of any statutory authority, reference shall not be made except with the consent of the Yang di-Pertuan Agong or State Authority as the case may require.
(3) If there exists in any industry any arrangement for the settlement of trade disputes, made in pursuance of an agreement between an employer or a trade union of employers and
27 PART VII INDUSTRIAL COURT-27. Appearance and representation at proceedings before the Court.
(1) In any proceedings before the Court a party may:
(a) where the party is a trade union, be represented by an officer or employee of the trade union;
(b) where the party is an employer, appear himself personally or be represented by his duly authorized employee, or by an officer or employee of a trade union of employers of which he is a member;
(c) where the party is a workman, appear himself personally or where he is a member of a trade union of workmen, be represented by an officer or employee of the trade union.
(d) where the party is a trade union, or an employer, or a workman, be represented with the permission of the President or the Chairman, by an advocate, or, notwithstanding anything to the contrary contained in any written law relating to the registration of trade unions, by any official of an organization (not being a trade union) of employers or of workmen,
28 PART VII INDUSTRIAL COURT-28. Power of President to regulate procedure and proceedings.
Save as otherwise expressly herein provided and subject to any regulations that may be made in that behalf, the President may regulate the procedure and proceedings of the Court as he thinks fit and, with the approval of the Minister, make rules governing such procedure and proceedings.
29 PART VII INDUSTRIAL COURT-29. Power of the Court.
The Court may, in any proceedings before it:
(a) order that any party be joined, substituted or struck off;
(b) summon before it the parties to any such proceedings and any other person who in its opinion is connected with the proceedings;
(c) take evidence on oath or affirmation and compel the production before it of books, papers, documents and things;
(d) hear and determine the matter before it notwithstanding the failure of any party to submit any written statement whether of case or reply to the Court within such time as may be prescribed by the President or in the absence of any party to the proceedings who has been served with a notice or summons to appear;
(da) hear and determine the matter before it notwithstanding the fact that the date of dismissal stated in the Director General's reference under subsection 20(3) is:
(i) dis
30 PART VII INDUSTRIAL COURT-30. Awards.
(1) The Court shall have power in relation to a trade dispute referred to it or in relation to a reference to it under section 20(3), to make an award (including an interim award) relating to all or any of the issues.
(1A) An award made under subsection (1) for the payment of money shall carry interest at the rate of eight per centum per annum, or such lesser rate as the Court may direct, the interest to be calculated commencing on the thirty-first day from the date of the making of the award until the day the award is satisfied;
Provided that the Court, on an application made by the aggrieved party within thirty days from the date of the making of the award, is satisfied that special circumstances exist, may determine any other date from which the interest is to be calculated.
[(1A) Act A1615:s.20]
(2) Where the Court is not unanimous on any question or matter to be determined, a decision shall be
31 PART VII INDUSTRIAL COURT-31. Agreement during proceeding.
In the event of an agreement being reached during the proceedings before the Court, the Court in making its award may, subject to this Act, have regard to the terms of the agreement; and in the event of an agreement being reached before the Court commences its proceedings, the Court may be constituted by the President or Chairman sitting alone for the purpose of recording the terms of such agreement.
32 PART VII INDUSTRIAL COURT-32. Effect of an award.
(1) Any award made by the Court under this Act shall be binding on :
(a) all parties to the dispute or the reference to the Court under section 20(3) appearing or represented before the Court and all parties joined or substituted or summoned to appear or be represented before the Court as parties to the dispute or the reference to the Court under section 20(3);
(b) any successor, assignee or transferee of any employer or trade union of employers and any successor to any trade union of workmen which is a party to the dispute as aforesaid;
(c) all workmen who were employed in the undertaking or part of the undertaking to which the dispute relates on the date of the dispute and all workmen who subsequently became employed in that undertaking or part thereof;
[(c) Am. Act A1615:s.21]
(d) all members of a trade union of employers to whom the dispu
33 PART VII INDUSTRIAL COURT-33. Interpretation and variation of awards and agreements.
(1) If any question arises as to the interpretation of any award or collective agreement taken cognizance of by the Court, the Minister may refer the question, or any party bound by the award or agreement may apply, to the Court for a decision on the question.
(2) The Court may, upon the application of any party, by order vary any of the terms of an award or agreement, if it considers it desirable so to do for the purpose solely of removing ambiguity or uncertainty.
(3) The parties bound by the award or agreement shall be afforded a reasonable opportunity of being heard.
(4) The decision of the Court shall be binding in the same manner as the original award or agreement.
(5) The expression "Court" for the purpose of this section, means the Court by which the award was made or any other Court specially constituted under section 22 or 23 for the purpose.
[Am. by Act A718: s.18; Act A1322: s.23]
33A PART VII INDUSTRIAL COURT-33A. [Deleted].
(Deleted by Act A1615:s.22)
33B PART VII INDUSTRIAL COURT-33B. Stay of proceedings.
[Shoulder note Subs. Act A1615:s.23]
(1) (Deleted by Act A1615:s.23)
(2) No award of the Court for the reinstatement or reemployment of a workman shall be subject to any stay of proceedings by any court.
[(2) Am. Act A1615:s.23]
33C PART VII INDUSTRIAL COURT-33C. Appeal against an award to the High Court.
(1) If any person is dissatisfied with an award of the Court made under section 30 such person may appeal to the High Court within fourteen days from the date of receipt of the award.
(2) The procedure in an appeal to the High Court shall be the procedure in the Rules of Court 2012 [ P.U. (A) 205/2012 ] for an appeal from a Sessions Court with such modifications as the circumstances may require.
(3) In dealing with such appeals, the High Court shall have like powers as if the appeal is from the Sessions Court.
[33C. Ins. Act A1615:s.24]
34 PART VIII INVESTIGATION AND INQUIRY-34. Investigation and Inquiry into trade disputes.
Where any trade dispute exists or is apprehended, the Minister may, without prejudice to Parts V and VII, appoint a Committee of Investigation or a Board of Inquiry and may refer to the Committee or Board any matter appearing to him to be connected with or relevant to the dispute.
35 PART VIII INVESTIGATION AND INQUIRY-35. Committee.
(1) A committee may consist of one or more persons appointed by the Minister.
(2) A Committee shall as soon as possible after its appointment, investigate the causes and circumstances of any trade dispute or matter referred to it and report thereon to the Minister.
36 PART VIII INVESTIGATION AND INQUIRY-36. Board.
(1) A Board may consist of a chairman and such other persons as the Minister thinks fit or may consist of one person.
(2) A Board may act notwithstanding any vacancy in its number.
(3) The Minister may make rules regulating the procedure of any Board, including rules as to the summoning and payment of expenses of witnesses, quorum and calling for documents.
(4) A person may be represented in proceedings before a Board, with the permission of the chairman, by any officer or employee of a trade union of employers or workmen, or, notwithstanding anything to the contrary contained in any written law relating to the registration of trade unions, by any official of an organisation (not being a trade union) of employers or of workmen registered in Malaysia, or by an advocate.
(5) A Board may, subject to the rules made under this section, require any person to furnish, in writing or otherwise, such particulars as the Board may r
37 PART VIII INVESTIGATION AND INQUIRY-37. Reports.
(1) A Board shall, either in public or in private at its discretion, inquire into any matter referred to it and report thereon to the Minister.
(2) A Board may, if it thinks fit, make interim reports.
(3) Any report of a Board shall be laid as soon as may be before the Dewan Rakyat.
(4) The Minister may, whether before or after any such report had been laid before the Dewan Rakyat, publish or cause to be published from time to time, in such manner as he thinks fit, any information obtained or conclusions arrived at by the Board as a result or in the course of its inquiry:
Provided that there shall not be included in any report or publication made or authorized by the Board or the Minister any information obtained by the Board in the course of its inquiry as to any trade union, business or organisation which is not available otherwise than through evidence given at the inquiry, except with the consent of the trade union,
38 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-38. Pupils not to take part in trade disputes.
(1) No pupil as defined in the Education Act 1996 [Act 550] , other than a lawful member of a trade union, shall:
[Am. by Act A1322: s.24]
(a) do any act in contemplation or furtherance of a trade dispute;
(b) instigate or incite any other person to take part in or continue or to support by money or otherwise or to do any other act in contemplation or furtherance of any strike or lock-out; or
(c) take part in or be a member of any meeting or assembly of more than five persons called for the purpose of instigating or inciting any person to take part in or continue or to support by money or otherwise or to do any other act in contemplation or furtherance of any strike or lock-out.
(2) The Minister of Education may, by notice in writing, require the governors or managers of any school to expel any pupil convicted or found guilty of
39 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-39. Intimidation.
Any person who in furtherance of a trade dispute and with a view to compelling any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority :
(a) uses violence to or intimidates such other person or any member of his household, or injures his property;
(b) persistently follows such other person about from place to place;
(c) hides any tool, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof;
(d) watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place; or
(e) follows such other person with two or more persons in a disorderly manner in or through any street or road,
40 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-40. Picketing.
(1) Without prejudice to section 39, it shall be unlawful for one or more persons acting on his or their behalf or on behalf of a trade union or of an employer in furtherance of a trade dispute to attend at or near any place:
Provided that it shall not be unlawful for one or more workmen to attend at or near the place where the workman works and where a trade dispute involving such workman exists only for the purpose of peacefully:
(i) obtaining or communicating information; or
(ii) persuading or inducing any workman to work or abstain from working,
and subject to such attendance being not in such numbers or otherwise in such manner as to be calculated:
(a) to intimidate any person;
(b) to obstruct the approach thereto or egress therefrom; or
(c) to lead to a breach of the peace.
(2) Any officer or employee of
41 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-41. Breach of contract liable to injure person or property.
Any person who wilfully and maliciously breaks a contract of service or of hiring knowing or having reason to believe that the probable consequences of his so doing, either alone or in combination with others, will be to endanger human life or the efficient operation of any public health service, or cause serious bodily injury, or to expose valuable property whether real or personal to destruction or serious damage, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year, or to a fine not exceeding one thousand ringgit, or to both.
42 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-42. Conspiracy in trade disputes.
(1) An agreement or combination by two or more persons do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be punishable as a conspiracy if the act committed by one person would not be punishable as a crime.
(2) An act done in pursuance of an agreement or combination by two or more persons, if done in contemplation or furtherance of a trade dispute, shall not be actionable unless the act, if done without any such agreement or combination, would be actionable.
(3) Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any written law.
(4) Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace, or sedition or any offence against the Yang di-Pertuan Agong or any State Authority.
(5) A crime for the purposes of this section means an offence
43 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-43. Restrictions on strikes and lock-outs in essential services.
(1) No workman in any essential service shall go on strike:
(a) without giving to the employer notice of strike, within forty-two days before striking;
(b) within twenty-one days of giving such notice; or
(c) before the expiry of the date of strike specified in any such notice aforesaid.
(2) No employer carrying on any essential service shall lock-out any of his workmen :
(a) without giving him notice of lock-out, within forty-two days before locking out;
(b) within twenty-one days of giving such notice; or
(c) before the expiry of the date of lock-out specified in any such notice as aforesaid.
(3) The notice referred to in subsection (1) and subsection (2) shall be given in such manner as may be prescribed.
(4) Any employer who receives from any person employed by him any no
44 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-44. Prohibition of strikes and lock-outs.
No workman shall go on strike and no employer of any such workman shall declare a lock-outs:
(a) during the pendency of the proceedings of a Board of Inquiry appointed by the Minister under part VIII involving such workman and employer and seven days after the conclusion of such proceedings;
(b) after a trade dispute or matter involving such workman and such employer has been referred to the Court and the parties concerned have been notified of such reference;
(c) after the Yang di-Pertuan Agong or State Authority, in the case of a trade dispute relating to any Government service or the service of any statutory authority, has withheld consent to the reference of the dispute to the Court under section 26(2), and the parties concerned have been notified thereof;
(d) in respect of any of the matters covered by a collective agreement taken cognizance of by the Court in accorda
44A PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-44A. Power to restrain strikes or lock-outs.
The Minister may order a strike or lock-out to stop in the event if the strike or lock-out lasts beyond a certain time or extends beyond a certain scope, thus endangering the life, personal safety or health of the whole or part of the population.
[44A. Am. Act A1615:s.26]
45 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-45. Illegal strikes and lock-outs.
(1) A strike or a lock-out shall be deemed to be illegal if:
(a) it is declared or commenced or continued in contravention of section 43 or section 44 or of any provision of any other written law; or
(b) it has any other object than the furtherance of a trade dispute:
(i) between the workmen on strike and their employer; or
(ii) between the employer who declared the lock-out and his workmen.
(2) A lock-out declared in consequence of an illegal strike or strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.
46 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-46. Penalty for illegal strikes and lock-outs.
(1) Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, and a further fine of fifty ringgit for every day during which such offence may continue.
[(1) Am. Act A1615:s.27]
(2) Any employer who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, and a further fine of fifty ringgit for every day during which such offence may continue.
[(1) Am. Act A1615:s.27]
47 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-47. Penalty for instigation.
Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, or who instigates or incites others to withhold their labour or services knowing or having reason to believe that the probable consequences of such action will be to endanger human life or the efficient operation of any public health service or cause serious bodily injury or expose valuable property whether real or personal to destruction or serious damage, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding five thousand ringgit, or to both.
[Am. Act A1615:s.28]
48 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-48. Penalty for giving financial aid to illegal strikes and lock-outs.
Any person who knowingly expends or applied any money in direct furtherance or support of any illegal strike or lock-out shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five thousand ringgit, or to both.
[Am. Act A1615:s.29]
49 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-49. Protection of persons refusing to take part in illegal strikes or lock-outs.
No person refusing to take part or to continue to take part in any strike or lock-out which is by this Act declared to be illegal shall be, by reason of such refusal or by reason of any action taken by him under this section, subject to expulsion from any trade union, or to any fine or penalty, or to the deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled, or be liable to be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the union, anything to the contrary in the rules of a trade union notwithstanding.
50 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-50. Offences seizable, and no bail to be granted.
(1) Every offence under this Part shall be a seizable offence for the purposes of any written law relating to criminal procedure.
(2) Notwithstanding any other written law, bail shall not be granted to an accused person arrested for or charged with an offence under this Part and in respect of whom the Public Prosecutor certified in writing that it is not in the public interest to grant bail to such accused person.
51 PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM-51. [Deleted Act A1322: s.26]
.
51A PART IXA INVESTIGATION AND PROSECUTION-51A. Investigation officers.
The Director General may appoint such number of investigation officers, from amongst the officers appointed under section 2A, as may be necessary for the purposes of this Act.
[Ins. by Act A1322: s.27]
51B PART IXA INVESTIGATION AND PROSECUTION-51B. Authority card.
(1) There shall be issued to each investigation officer an authority card which shall be signed by the Director General.
(2) Whenever an investigation officer exercises any of the powers under this Act, he shall on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).
[Ins. by Act A1322: s.27]
51C PART IXA INVESTIGATION AND PROSECUTION-51C. Power to conduct investigation.
(1) Where an investigation officer has reason to suspect that a person has committed an offence against this Act, he may make such investigation as he thinks expedient for the due administration of this Act.
(2) Whenever it appears to any Magistrate upon written information and after such enquiry as he thinks necessary, that there is reasonable cause to believe that in any place or building there is any object, article, material, thing, book or other document, which may be used as evidence of the commission of an offence against this Act, he may by warrant empower the investigation officer to enter the place or building, by force if necessary, and thereto search for, seize, take possession of and detain any such object, article, material, thing, book or other document.
[Ins. by Act A1322: s.27]
51D PART IXA INVESTIGATION AND PROSECUTION-51D. Power to examine persons.
(1) An investigation officer may for the purpose of enforcing this Act, do all or any of the following:
(a) order any person orally or in writing to attend before him for the purpose of being examined orally by the investigation officer in relation to any matter which may, in the opinion of the investigation officer, assist in the investigation into the offence;
(b) order any person orally or in writing to produce before the investigation officer books, other documents, property, articles, or things which may, in the opinion of the investigation officer, assist in the investigation into the offence; or
(c) by written notice require any person to furnish a statement in writing made on oath or affirmation setting out all such information which may be required under the notice, being information which, in the opinion of the investigation officer, would be of assistance in the investigation in
51E PART IXA INVESTIGATION AND PROSECUTION-51E. Prosecution.
No prosecution shall be instituted for an offence under this Act or any regulations made under this Act except by or with the consent in writing of the Public Prosecutor.
[Ins. by Act A1322: s.27]
51F PART IXA INVESTIGATION AND PROSECUTION-51F. Offence by bodies corporate, etc .
Where an offence under this Act has been committed by a body, whether corporate or unincorporated:
(a) in the case of a body corporate, any person who was a director, manager, secretary or any other officer responsible for the management of the body corporate at the time of the commission of the offence;
(b) in the case of a partnership or sole proprietor, every partner in the partnership or the sole proprietor at the time of the commission of the offence;
(c) in the case of a trade union, the President, Secretary, Treasurer or other officer of the trade union at the time of the commission of the offence; or
(d) in the case of a society or any other unincorporated body, the President, Chairman, Secretary, Treasurer or other similar officer of the society or unincorporated body at the time of the commission of the offence,
may be charged severally or j
52 PART X MISCELLANEOUS-52. Application.
(1) Parts II, III, IV, V and VI shall not apply to any Government service or to any service of any statutory authority or to any workman employed by Government or by any statutory authority.
(2) The provisions of this Act relating to trade dispute other than section 26(2) and section 30(4) shall apply to any matter referred to or brought to the notice of the Court under this Act.
(3) Notwithstanding subsection (1), Part VI shall apply to any service of or to any workman employed by, a statutory authority in which the Minister, after consultation with such statutory authority, by order published in the Gazette prescribe the name of the statutory authority.
[(3) Ins. Act A1615:s.30]
Refer to and the discussion thereof, wherein the court held that by virtue of s. 52(1) of the Industrial Relations Act 1967 read with the definition of "statutory authority" in s. 2 of the same Act, the Council53 PART X MISCELLANEOUS-53. Appointment of public officer.
The Minister may appoint any public officer as he thinks fit to exercise any power vested in him or to perform any duty imposed on him under this Act.
54 PART X MISCELLANEOUS-54. Exclusion of evidence as to certain matters.
(1) Where a trade dispute relates to matters as to which negotiation or conciliation proceedings have taken place under this Act, no evidence shall be given in the proceedings before the Court as to such negotiation or conciliation proceedings other than a written statement in relation thereto agreed to and signed by the parties to the dispute.
(2) In a proceeding before the Court on a reference to the Court under section 20(3), no evidence shall be given of any proceeding before the Director General under section 20(2) other than a written statement in relation thereto agreed to and signed by the parties to the reference.
(3) No evidence shall be given in proceedings before the Court with regard to any offer relating to any matter connected with the trade dispute made without prejudice by any person or trade union except with the consent of that person or trade union.
(4) The exclusion specified in subsections (1), (2) and (3)
55 PART X MISCELLANEOUS-55. Secrecy.
(1) The Court may in any proceedings direct:
(a) that any information, book, paper, document or thing tendered in evidence shall not be disclosed or published in any newspaper or otherwise; and
(b) that any such evidence shall be taken in private and that no person who is not expressly permitted by the Court to be present shall be present during the taking of that evidence.
(2) Any person who discloses or publishes any information, book, paper, document or thing in contravention of this section shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.
56 PART X MISCELLANEOUS-56. Non-compliance with award or collective agreement.
(1) Any complaint that any term of any award or of any collective agreement which has been taken cognizance of by the Court has not been complied with may be lodged with the Court in writing by any trade union or person bound by such award or agreement.
(2) The Court may, upon receipt of the complaint,:
(a) make an order directing any party:
(i) to comply with any term of the award or collective agreement; or
(ii) to cease or desist from doing any act in contravention of any term of the award or collective agreement;
(b) make such order as it deems fit to make proper rectification or restitution for any contravention of any term of such award or collective agreement; or
(c) make such order as it considers desirable to vary or set aside upon special circumstances any term of the award or collective agreement.
(2A) Notw
57 PART X MISCELLANEOUS-57. [Deleted]
(Deleted by Act A484:s.36)
58 PART X MISCELLANEOUS-58. Contempt.
(1) Where any such offence as is described in sections 174, 175, 176, 177, 178, 179, 181 or 228 of the Penal Code is committed in the view or presence of the Court, or where any person misbehaves himself in Court, the Court may cause the offender to be detained in custody or direct any police officer or public officer to remove such offender from the Court.
(2) At any time before rising on the same day, the Court may take cognizance of any such offence or misbehaviour, and punish the offender with a fine not exceeding one hundred ringgit, or, in default of payment of such fine, with imprisonment for a term not exceeding one month, unless such fine is sooner paid.
(3) In every such case the Court shall record the facts constituting the offence, the statement, if any, made by the offender, and the finding and sentence.
(4) The Court dealing with an offender under this section may discharge the offender or remit the punishment on h
59 PART X MISCELLANEOUS-59. Injuring a workman on account of certain acts.
(1) Subject to the provisions of section 5(2), it shall be an offence to dismiss a workman or injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice, by reason of the circumstances that the workman:
(a) is, or proposes to become, an officer or member of a trade union or of an association that has applied to be registered as a trade union;
(b) is entitled to the benefit of a collective agreement or an award;
(c) has appeared or proposed to appear as a witness, or has given or proposes to give any evidence in any proceeding under this Act;
(d) being a member of a trade union which is seeking to improve working conditions, is dissatisfied with such working conditions;
(e) is a member of a trade union which has served an invitation under section 13 or which is a party to negotiations under this Act or to
60 PART X MISCELLANEOUS-60. General penalties.
(1) Any person who contravenes:
(a) any provision of this Act and any regulations made under this Act;
[(a) Am. Act A1615:s.32]
(b) any summons, order or direction given or made under this Act,
shall be guilty of an offence and shall, on conviction, where no express penalty is provided, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding fifty thousand ringgit or to both:
[Am. Act A1615:s.32]
Provided that no contravention of any provision of Parts II, III (other than sections 9 and 10) or IV (other than section 13(8) and section 16(1)) shall be deemed to be an offence punishable under this section.
(2) Any person who attempts to commit any offence punishable under this Act, or abets the commission of such offence, shall be punished with the punishment provided for that of
60A PART X MISCELLANEOUS-60A. Protection of Director General and other officers.
No action or prosecution shall be brought, instituted or maintained in any court against:
(a) the Director General or any other officer duly appointed or authorized under this Act for or on account of or in respect of any act ordered or done in good faith for the purpose of carrying into effect this Act and any regulations made under this Act; and
(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director General or any other officer duly appointed under this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.
[Ins. by Act A1322: s.30]
61 PART X MISCELLANEOUS-61. Schedule.
The Minister may from time to time add to, vary or alter the First Schedule or Second Schedule by notification in the Gazette .
[Am. by Act A1322: s.31]
62 PART X MISCELLANEOUS-62. Regulations.
The Minister may make regulations for the purpose of carrying out or giving effect to this Act and in particular without prejudice to the generality of the foregoing, the regulations may:
(a) prescribe fees to be charged in respect of all proceedings under this Act;
(b) authorize the making of orders with respect to the costs and expenses including the expenses of witnesses of proceedings before the Court or Board;
(c) prescribe allowances payable to members of the Court, a Committee or a Board;
(d) provide for the exhibiting of any of the terms of an order or award on the premises of an employer bound by the order or award;
(e) provide for the manner in which and the persons by and to whom notice of strike or lock-out may be given, and the manner in which such notices shall be communicated;
(f) regulate the procedure and proceedings of th
63 PART X MISCELLANEOUS-63. Repeal and Savings.
The following written laws are hereby repealed.
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