Malaysia legislation

Section 5

of INDUSTRIAL RELATION (AMENDMENT) ACT 2020

Section 5

Amendment of section 9

(a)

by deleting subsection (1c);

(b)

in subsection (1d), by substituting for the words

“Upon receipt of the notification under subsection (1c), the Minister” the words “Where the matter is not resolved under subsection (1b), the Director General”;

(c)

in paragraph (3)(a), by inserting after the words

“accord recognition” the words “subject to the scope of membership of the trade union of workmen concerned as on the date of claim and in accordance with the constitution of the trade union of workmen making the claim”;

(d)

in paragraph (4a)(a), by substituting for the words

“the competence of the trade union of workmen concerned”

the words “the scope of membership of the trade union of workmen concerned as on the date of claim, whether it is in accordance with the constitution of the trade union of workmen making the claim”;

(e)

in paragraph (4a)(b), by substituting for the words

“who are members of” the words “to indicate support for”;

Industrial Relations (Amendment)

(f)

by deleting paragraph (4b)(b);

(g)

by deleting subsection (4c);

(h)

by substituting for subsection (5) the following subsection:

“(5)  Upon ascertaining the matter under subsection (4a), the Director General shall give his decision. Where the Director General decides that recognition is to be accorded, such recognition shall be deemed to be accorded by the employer or trade union of employers concerned, as the case may be, from such date as the Director General may specify.”; and

(i)

by deleting subsection (6).

Amendment of section 10