Malaysia legislation
Section 10
Section 10
(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 subsection 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;
(b)
where the claim for recognition is deemed to have been withdrawn under subsection 9(4) or has been decided by the
Director General under subsection 9(5); or
(c)
where a termination is due to retirement, expiry of a fixed term contract, non-confirmation of a probationer or being medically boarded out.
(3)
For the purpose of subsection (2) “lock-out” includes—
(a)
the closing of a place of employment;
(b)
the suspension of work; or
(c)
the refusal by an employer to continue to employ any number of workmen employed by him, effected during the pendency of proceedings under section 9.
Industrial Relations 23
No other claims after trade union has made a claim