Malaysia legislation

Section 12

of INDUSTRIAL RELATION (AMENDMENT) ACT 2020

Section 12

Section 20 of the principal Act is amended—

(a)

in subsection (2), by deleting the words “; where the

Director General is satisfied that there is no likelihood of the representations being settled, he shall notify the

Minister accordingly”;

(b)

by substituting for subsection (3) the following subsection:

“(3)  Where the Director General is satisfied that there is no likelihood of the representations being settled under subsection (2), the Director General shall refer the representations to the Court for an award.”;

(c)

in subparagraph (6)(a)(ii), by deleting the word “or”;

(d)

in subparagraph (6)(a)(iii), by substituting for the word

“and” the word “or”;

(e)

by inserting after subparagraph (6)(a)(iii) the following subparagraph:

“(iv) be represented by any other person except an advocate and solicitor, duly authorized by the employer in writing and subject to the permission of the Director General; and”;

(f)

in subparagraph (6)(b)(ii), by deleting the word “or”;

(g)

in subparagraph (6)(b)(iii), by substituting for the full stop the words “; or”;

(h)

by inserting after subparagraph (6)(b)(iii) the following subparagraph:

“(iv) be represented by any other person except an advocate and solicitor, duly authorized by the workman in writing and subject to the permission of the Director General.”;

(i)

by inserting after subsection 20(6) the following subsection:

“(6a)  In any proceeding under this section, where a workman being under a mental disability and not having a guardian ad litem, a next-of-kin of the workman may apply to the High Court for an order to appoint a guardian ad litem for the workman.”; and

(j)

in subsection (7), by deleting the words “, adviser, consultant or by any other person whatsoever”.

Amendment of section 21

Section 12 — AKTA PERHUBUNGAN PERUSAHAAN (PINDAAN) 2020