Section 40
Picketing
of Industrial Relations Act 1967
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.
Industrial Relations 53
(2)
Any officer or employee of the trade union to which the workmen referred to in the proviso to subsection (1) belong, may be present with such workmen solely for the purpose of maintaining good order and discipline and ensuring that such workmen comply with the requirements of the said proviso.
(2A)
No workman shall go on picket—
(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 within 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; and
(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 subsection 26(2), and the parties concerned have been notified thereof.
(3)
Any person who acts in contravention of subsection (1) or (2A) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.