Malaysia legislation
Section 13
Section 13
(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:
Provided that where there is an existing collective agreement between an employer and a trade union of workmen which represents the same workmen or any class of workmen or between a trade union of employers and a trade union of workmen which represents the same workmen or any class of workmen which is still in force, an invitation to commence collective bargaining shall only be made ninety days or less before the expiry of such 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;
NOTE—The word “sole” was inserted is not yet in force– see subparagraph 11(a)(i) of the Act A1615.
NOTE—The words “, or pursuant to a decision of the trade unions of workmen or the Director General, under section 12A” inserted are not yet in force– see subparagraph 11(a)(ii) of the Act A1615.
NOTE— The proviso inserted in this section is not yet in force – see subparagraph 11(1)(c) of the Act
A1615.
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(b)
provision for an annual review of the wage system; and
(c)
provision for a performance-based remuneration system.
(3)
Notwithstanding subsection (1), no trade union of workmen may include in its proposals for a collective agreement a proposal in relation to any of the following matters, that is to say—
(a)
the promotion by an employer of any workman from a lower grade or category to a higher grade or category;
(b)
the transfer by an employer of a workman within the organization of an employer’s profession, business, trade or work, provided that such transfer does not entail a change to the detriment of a workman in regard to his terms of employment;
(c)
the employment by an employer of any person that he may appoint in the event of a vacancy arising in his establishment;
(d)
the termination by an employer of the services of a workman by reason of redundancy or by reason of the reorganization of an employer’s profession, business, trade or work or the criteria for such termination;
(e)
the dismissal and reinstatement of a workman by an employer;
(f)
the assignment or allocation by an employer of duties or specific tasks to a workman that are consistent or compatible with the terms of his employment:
Provided that nothing in this subsection shall prohibit a trade union of workmen to raise in the course of any discussion with an employer or trade union of employers (whether or not the discussion is in the course of any collective bargaining) questions of a general character relating to the matters specified in paragraphs (a) to (f) notwithstanding that such questions do not form part of the proposals aforesaid.
28 Laws of Malaysia ACT 177
(4)
The employer, trade union of employers or trade union of workmen to whom invitation under subsection (1) has been made shall, within fourteen days from the receipt of the invitation, reply in writing to the party who has made the invitation notifying acceptance or otherwise of the invitation.
(5)
Where an invitation to commence collective bargaining has been made and a reply notifying acceptance has been given the parties shall commence collective bargaining within thirty days from the date of receipt of the reply notifying acceptance of the invitation.
(6)
Where an invitation to commence collective bargaining has been made and the invitation has been refused or not been accepted within fourteen days, or where no collective bargaining has commenced within thirty days from the date of receipt of the reply notifying acceptance of such invitation, the party making the invitation may notify the Director General in writing, whereupon the Director
General may take such steps as may be necessary or expedient with a view to bringing the parties to commence collective bargaining without undue delay.
(7)
If after such steps, as aforesaid, have been taken, there is still refusal to commence collective bargaining, a trade dispute shall be deemed to exist upon the matters set out in the invitation.
(8)
Where a trade union of workmen considers that an employer or a trade union of employers has refused to allow without just cause or excuse any question referred to under the proviso to subsection (3) to be raised in the course of any discussion, the trade union of workmen may, within one month of such refusal, make representations in writing to the Minister who may, before giving any direction thereon, give an opportunity to the employer or his trade union and the trade union of workmen to be heard; and the direction of the Minister shall be final and conclusive.
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Collective agreements