Section 5
Prohibition on employers and their trade unions in respect of certain acts
of Industrial Relations Act 1967
No employer or trade union of employers, and no person acting on behalf of an employer or such trade union shall—
(a)
impose any condition in a contract of employment seeking to restrain the right of a person who is a party to the contract to join a trade union, or to continue his membership in a trade union;
(b)
refuse to employ any person on the ground that he is or is not a member or an officer of a trade union;
(c)
discriminate against any person in regard to employment, promotion, any condition of employment or working conditions on the ground that he is or is not a member or officer of a trade union;
(d)
dismiss or threaten to dismiss a workman, injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice by reason that the workman—
(i)
is or proposes to become, or seeks to persuade any other person to become, a member or officer of a trade union;
or
(ii)
participates in the promotion, formation or activities of a trade union; or
16 Laws of Malaysia ACT 177
(e)
induce a person to refrain from becoming or to cease to be a member or officer of a trade union by conferring or offering to confer any advantage on or by procuring or offering to procure any advantage for any person.
(2)
Subsection (1) shall not be deemed to preclude an employer from—
(a)
refusing to employ a person for proper cause, or not promoting a workman for proper cause, or suspending, transferring, laying-off or discharging a workman for proper cause;
(b)
requiring at any time that a person who is or has been appointed or promoted to a managerial, an executive or a security position shall cease to be or not become a member or officer of a trade union catering for workmen other than those in a managerial, an executive or a security position; or
(c)
requiring that any workman employed in confidential capacity in matters relating to staff relations shall cease to be or not become a member or officer of a trade union.