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Peraturan-Peraturan Perlu (Perhubungan Perusahaan) 1969 is Malaysia P.U. (A), cited as P.U. (A) 407 1969, currently marked in force and first recorded in 1969.
Warta Kerajaan
SERI PADUKA BAGINDA
DI-TERBITKAN DENGAN KUASA
HIS MAJESTY’S GOVERNMENT GAZETTE
Jil. 13
Bil. 21
9hb Oktober, 1969 BERUNBANGAN Co
P.U. (A) 406. mee, ge
ORDINAN (KUASA? PERLU) DHARURAT, 1969
(Ordinan 1 dan Ordinan 2)
PERATORAN2 PERLU (MENGUBAHSUAI PRRENTAH KESATUAN SEKERJA
(PENGECHUALIAN BAGI PEGAWaI?| AWAM), 1967), 1969
Opening note
Bagi tempoh sa-lama Dharurat di-ku Licuasakan, Perentah Kesatuan Pengubab-suaian.
Sekerja (Pengechualian Bagi Pegawai? Awam), 1967, hendak-lah ber-P.v. 448/67.
kuatkuasa terta‘alok kapada pengubahsudian? yang di-nyatakan dalam
Jadual bersama ini.
JADUAL
(Pengubahsuaiqn?)
Gantikan kolon dalam perenggan-kechil (i) perenggan 3 dalam
Perentah itu dengan koma-bernokhtah dan tambah perkataan “and”
sa-lepas-nya.
2. Potong semua sharat bagi perengganykechil (i) perenggan 3 dalam perentah itu.
1127 P.U. (A) 407.
P.U. (A) 407. CANCEL
ORDINAN (KUASA? PERLU) DHARURAT, 1969
(Ordinan 1 dan Ordinan 2) LIHAT ACT/PA.....
PERATORAN? PERLU (PERHUBONGAN PERUSAHAAN), 1969
PaDA menjalankan kuasa? yang di-beri di-bawah sekshen 2 Ordinan
No. 1 (Kuasa? Perlu) Dharurat, 1969, Pengarah Gerakan yang di-tetapkan di-bawah sekshen 2 Ordinan |No. 2 (Kuasa? Perlu) Dharurat,
1969, dengan ini membuat peratoran? befikut :
1. Peratoran? ini boleh-lah di-namjakan Peratoran? Perlu (Per-hubongan Perusahaan), 1969.
2. Bagi tempoh sa-lama Dharurat di-Kuatkuasakan Akta Perhubongan
Perusahaan, 1967, hendak-lah berkuatkuasa terta‘alok kapada pindaan?
yang di-buat terhadap-nya sa-bagaim@na di-nyatakan dalam) Jadual bersama ini.
JADUAL
(Pindaan bagi Akta Perhubongan Peruashaan, 1967)
1. Sekshen 2
Sa-lepas sahaja taarif “collective bargaining” masokkan taarif baharu yang berikut— ]
“‘Commissioner’ means the Commissioner for Industrial Rela-tions and includes any other officer acting on his behalf;”.
2. Sekshen 4
potong sekshen-kechil (1) dan (2
gantikan sekshen-kechil (3) dengan yang berikut—
“(1) No person shall in with, restrain or coerce a workman or an employer in the exercise of his rights to form and assist in the formation of and join a trade union and to participate in its lawful activities.”;
{c) nomborkan sa-mula sekshen- -kechil (4) dan (5) yang, ada sekarang ini sa-bagai sekshen-kechil (2) dan (3).
3. Sekshen 5
Sa-lepas sahaja sekshen 5 masokkan |sekshen baharu yang berikut—
Lewe on Sa. (1) A workman intending to carry out his duties or to trade union business. exercise his rights as an officer of a trade union shall apply in writing to his employer for leave of absence stating the duration of and the purposes for which such leave is applied for and the employer shall grant such application for leave if the duration of the leave |applied for is for a period that is no longer than what is reasonably required for the pur-poses stated in the application:
Provided that a workman shall not be entitled to leave with pay for the duration off his absence if the purposes for which he is absent from work are not to represent the members of his trade union|in relation to industrial matters concerning his employer.”.
4. Sekshen 8
masokkan sa-belum sahaja sekshen-kechil (1) suatu sckshen-kechil baharu sa-bagaimana berikut—
“(1) No trade union of workmen the majority of whose membership consists of workmen in non-managerial or non-executive positions, excluding} persons employed in confiden-tial capacity or engaged in secprity work may seck recognition a DI-BAFALIEAN /DI- —
fewee
Nama.
Pindaan bagi
Akta
Perhubongan
Perus@haan,
1969,
IS /67.
Pindaan bagl sekshen 2,
Pindaan bagi sekshen 4,
5.
Pindaan bagi sekshen
Pindaan bagi sekshen 8.
P.U. (A) 407. 1128
Pindaan bagi sekshen 9.
Pindaan bagi sekshen 10
dan 11,
Pindaan bagi sekshen 12, in respect of workmen in managerial or executive positions or workmen employed in confidential capacity or engaged in security work, or serve an invitation under section 12 of the
Act in respect of such workmen.”;
nomborkan sa-mula sckshen-ke¢hil (1), (2) dan (3) yang ada sckarang ini sa-bagai sckshen-kéchil (2), (3) dan (4);
gantikan perkataan “subsection (2)” yang terdapat di-baris per-tama dan ketiga sckshen-kechil (4) dengan perkataan “sub-section (3)”;
gantikan sckshen-kechil (4) den
“(5) The Minister, upon receipt of a report under sub-section (4) may take such steps as may be necessary or expe-dient to resolve the matter dnd shall, if the matter is not resolved, give a decision; an{l the Minister’s decision as to who shall be workmen in managerial or executive positions or employed in confidential capacity or engaged in security work made under subsection (]) and any decision made by him under this section shall be final and shall not be questioned in any Court.”.
5. Sekshen 9
Gantikan sekshen 9 dengan yang berikut—
“Prohibition 9, (1) No workman shall “ on strike for whatever reason an yang berikut—
pear er td during the pendency of proceedings under section 8 or after recognition the Minister has decided that the trade union should not be union. accorded recognition by the;employer of such workman.
An employer shall not dismiss a workman once a trade union of workmen has served in writing on the employer or a trade union of employers to which the employer belongs a claim for recognition in respect of the workman or class of workmen :
Provided that a dismissal)may be effected on disciplinary grounds and that this restriction shall no longer apply once the Minister has made a decision on the claim.”.
6. Sekshen 10 dan 11 |
|
Potong perkataan “Court” yang terdapat dalam ke-dua? sekshen itu dan gantikan dengan perkataan “Minister”.
7. Sekshen 12
Sa-lepas sekshen-kechil (2) masokkan sekshen-kechil baharu yang berikut—
“(3) Notwithstanding the provisions of sub-section (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 —e
the promotion by an employer of any workman from a lower grade or ctgon| fo a higher grade or category;
the transfer by an employer of a workman within the organisation 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;
the employment by an employer of any person that he may appoint in the event of a vacancy arising in his establishment;
1129
nomborkan sa-mula sckshen-kech sckshen-kechil (4), (5), (6) dan (
8. Sekshen 13
Sa-lepas sahaja sekshen 13 masokkan
“Restrictions on collective agreements in certain new undertakings.
38 '5S
13/68.
the termination by an q workman by reason of r reorganisation of an en trade or work or: the crit¢
the dismissal and reinstd employer in circumstana section 16A applies;
the assignment or alloca or specific tasks to a w compatible with the tern
13a. (1) No collective agre applies shall contain provisi conditions of service that ar¢
than those contained in P
Ordinance, 1955, unless suc the Minister after considerit mployer of the services of a dundancy or by reason of the ployer’s profession, business, ria for such termination;
tement of a workman by an es in which subsection (1) of ion by an employer of duties
Orkman that are consistent or s of his employment.”;
il (3), (4), (5) dan (6) sa-bagai
).
—zr ekshen baharu yang berikut tment to which this section ons with regard to terms and more favourable to workmen it XIL of the Employment h provisions are approved by g@ any representations in that regard made by an employer his workmen:
and a trade union representing
Provided that the Minister may amend or modify such provisions before approving them
This section applies f collective agreements made between an employer and a trade union representing his workmen in respect of, or in |relation to—
a pioneer enterprise as \defined under section 2 of the
Investment Incentives Act, 1968;
any other industry in may by notification in|
section shall apply.
The provisions of this tries specified in subsection respect of which the Minister the Gazette declare that this
‘section shall apply to indus-
for a period of five years from the date such industries commence, or have commenced, operation in Malaysia:
Provided that the Minister may from time to time by notification in the Gazetie |
further period or periods as
9. Sekshen 14 |
Gantikan sekshen-kechil (1) dengan yang berikut—
“(1) The parties to a collective agreement may deposit with the
Secretary to the Court within one the agreement has been entered into,|and the Secretary shall there-upon bring it to the notice of the C
10. Sekshen 16
Sa-lepas sahaja sekshen 16 masokkan sekshen.baharu yang berikut—
“Representa tions to
Minister on dismissals,
16a. (1) Where a workman dismissed without just cause.
circumstances other than tho tion of section 46A he may, missal, make representations be reinstated in his former er
>xtend such period for such the Minister may decide.”
onth from. the date on which urt for its cognizance.”
considers that he has been or excuse by his employer, in e arising out of a contraven-within one. month of such dis-in writing to the Minister to ployment.
Pindaan bagi sekshen 13,
Pindaan bagi sekshen 14,
Pindaan bagi sekshen 16,
P.U. (A) 407. 1130
The Minister may, before making a decision on any such representations, request the Commissioner to enquire into the dismissal and report whether in his opinion the dismissal is without just chuse or excuse.
The Minister, if he decides to deal with the represen-tations himself, shall before making a decision thereon give an opportunity to the employer to make representations m writing as to the reasons |why he considered the dismissal of the workman to be justified.
If, after considering) the representations of the work-man and of the employer|(if any) and any report made by the Commissioner under subsection (2), the Minister is satis fied that the workman bas been dismissed without just cause or excuse he may, or agreement to the cont
direct the employer former employment amount that is equi have carned had he loyer; or
direct the employer compensat ion as mi and the employer direction.
The decision of th made under this section shall not be challenged i lished under this Act.
Any direction by shall operate as a bar t notwithstanding any rule of law ary to reinstate the workman in his and to pay the workman an alent to the wages that he would not been dismissed by the emp-to pay such amount of wages as y be determined by the Minister, shall comply with the Minister's
Minister on any representations shall be final and conclusive and ie Court or in a Court estab-e Minister under subsection (4)
any action for damages by the workman in any Court in| respect of the wrongful dismissal.
An employer who f the Minister under sub offence under this Act to imprisonment for a te r section (4) shall be guilty of an ils to comply with the direction of nd shall be liable on conviction m not exceeding one year or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.
Where an amount to be paid under subsection (4) is not paid in accordance the employer has been c section (7), the amount, unpaid, shall be recover:
amount so recovered sha under the direction.”.
Sekshen 18
gantikan sekshen-kechil (1) di
“(1) For the purpose
Industrial Court which sh
a President who shz
Pertuan Agong; and
a panel of indepen with the Minister’s direction and onvicted of an offence under sub-or so much thereof as remains able as if it were a fine and the 1 be paid to the workman entitled engan yang berikut—
of this Act, there shall be an
Il consist of—
1 be appointed by the Yang di-ent persons, a panel of persons representing employers and a panel of persons repre-senting workmen all
Minister :
£ whom shall be appointed by the
Provided that before appointing the panels the
Minister may consu]t such organisations representing employers and workmen respectively as he may think fit.”;
1131 P.U. (A) 407.
dalam sekshen-kechil (2) gantikan perkataan “Minister” dengan perkataan “Yang di-Pertuan Agong”;
gantikan sekshen-kechil (3) dengan yang berikut—
“(3) The appointments mate in the preceding subsections shall be published in the Gazette and shall specify, if any, the terms and conditions upon which they are made.”.
12. Sekshen 20 Pindaan bagi sekshen 20
Dalam sekshen-kechil (2), gantikan} perkataan “Minister” dengan perkataan “Yang di-Pertuan Agong”.
13. Sekshen 23 Pincens tee
Gantikan sekshen-kechil (2) dengan yang berikut
“(2) The Minister may of his own motion refer any trade dispute to the Court if he/is satisfied that it is expedient so to do:
Provided that in the cise of a trade dispute in any
Government service or in} the service of any statutory authority, such reference shill not be made except with the consent of the Yang di-Peytuan Agong or State Authority as the case may require.
For the purpose of this |section and section 41 (c), the expression ‘statutory authority’ shall mean an authority or body established, appointed or constituted under a Federal or State law.”
14. Sekshen 41 | Pindaan bagl sekshen 41.
Potong perenggan (e).
15. Sekshen 46 Pindaan bagi sekshen 46,
Sa-lepas sahaja sekshen 46 masokkan' sekshen baharu yang berikut—
“Injuring a = 46a. (1) Notwithstanding the provisions of section 5, it pol a shall be an offence to dismiss or threaten to dismiss a senain ets. workman or injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice. by reason of the circumstance that the workman—
is, or proposes to become, an officer or member of a trade union or association that has applied to be registered as a trade union;
is entitled to the benefit of a collective agreement or an award;
has appeared or proposed to appear as a witness, or has given or proposes to give any evidence, in any proceeding under this Act;
being a member of a trade union which is seeking to improve working conditions, is dissatisfied with such working conditions;
is a member of a trade union which has served an invitation under section 12 or which is a party to negotiations under this Act or to a trade dispute which has been reported to the Minister in accordance with Part V or Part VI;
P.U. (A) 407. 1132
has absented himself fr i work without leave for the purpose of carrying out his duties or exercising his rights as an officer of a trade union where he applied for leave in accordancé with section SA before he absented himself and leave was unreasonably deferred or withheld; or
being a member of a Panel appointed under section 18 has absented himself from work for the purpose of performing his functions and duties as a member of the Court and has notified the employer before he absented himself.
An employer who conttavenes any of the provisions of subsection (1) shall be guilly of an offence and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.
Where an employer has/been convicted of an offence punishable under subsection (2) the Court by which the employer is convicted may order the employer to pay the workman the amount of any |wages lost by him and also direct the employer to reinstate the workman in his former position or a similar position.
Where an amount ordéred to be paid under sub-section (3) is not paid in accordance with the order, the amount or so much thereof as remains unpaid shall be recoverable as if it were a fine|and the amount so recovered shall be paid to the workman entitled under the order.
Any employer who fails to comply with a direction given under subsection (3) shall be guilty of an offence and shall be liable on conviction to, imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand doliars or to both such imprisonment and fine.
Nothing in this section shall be construed as prohibiting the Minister from enquiring into the dismissal of or the reinstatement of a workman who has been allegedly dismissed in contravention of the provisions of this section before any proceedings have commenced in a Court of law;
and any enquiry so made by the Minister shall be deemed to be a proceeding under section 16A and any decision made by him shall be construed as if it were made under the provisions of that section.”
16.
Pindaan bagi
Sekshen 53
sekshen 53,
Sa-lepas sahaja sekshen 53 masokkan sekshen baharu yang berikut—
“Questions 53a. (1) The Court may and jshall, if so directed by the of law. Attorney-General, refer a question of law arising in any proceeding before it to the Attorney-General for his opinion.
Before referring a question of law to the Attorney-General in accordance with subsection (1) the Court shall inform the parties to the pro¢eeding in relation to which the question arises of the question which it proposes to refer and allow the parties 4 reasonable opportunity to make written submission relating to the question.
Submissions made in accordance with subsection (2)
of this section shall be referred to the Attorney-General and the Attorney-General shall, after considering those submissions, furnish his opinion to the Court.
1133 P.U. (A) 407.
i
Notwithstanding a reference of a question of law to the Attorney-General (not |being a question whether the
Court may exercise powers under this Act in relation to a trade dispute or matter), the Court may make an award in relation to the proceeding in which the question arose.
Upon receiving the opinion of the Attorney-General the Court—
may, if it has not made an award with respect to the parties of the proceeding in which the question arose, make an award not inconsistent with the opinion; or
shall, if it has made fn award as aforesaid vary the award in such a way as will make it consistent with the opinion.”.
17. Sekshen 55 Fiadean tee
Gantikan sharat kapada sckshen-k¢chil (1) dengan sharat yang berikut—
“Provided that no contravention of or failure to comply with any provision of Parts I, III (other than section 9) or IV shall be deemed to be an offence punishable under this section.”.
Di-perbuat pada 9 haribulan Oktober, 1969.
(MGN. (PA) R. 21. L1.]
Tun Hast ABDut) RAZAK BIN DaTo’ HUSSEIN, ei Gerakan
EMERGENCY (ESSENTIAL POWERS) ORDINANCE, 1969
(Ordinance 1 and Ordinance 2)
ESSENTIAL (INDUSTRIAL RELATIONS) REGULATIONS, 1969
IN exercise of the powers conferred under section 2 of the Emergency
(Essential Powers) Ordinance No. 1, 1969, the Director of Operations designated under section 2 of the Emergency (Essential Powers) Ordi-nance No. 2, 1969, hereby makes the fbllowing regulations :
1. These regulations may be cited asthe Essential (Industrial Rela-Citation.
tions) Regulations, 1969. |
|
2. For so long as the Emergency is in force the Industrial Relations Amenénens
Act, 1967, shall have effect subject to [the amendments made thereto Relations specified in the Schedule hereto. at
SCHEDUL
(Amendments to the Industrial Relations Act, 1967)
1. Section 2 Amendment of section 2.
Insert immediately after the definition “collective bargaining” the following new definition—
“9 ‘Commissioner’ means the Conjmissioner for Industrial Rela-tions and includes any other officer acting on his behalf,”.
. Amendment
2. Section 4 of section 4,
delete subsections (1) and (2);
substitute for subsection (3) the following—
“(1), No person shall interfere with, restrain or coerce a workman or an employer in the exercise of his rights to form and assist in the formation of| and join a trade union and to participate in its lawful activities,”;
P.U. (A) 407
: 1134
renumber the existing subsections (4) and (5) thereof as sub-Amendment 3. Sect of section 5.
Insert
“Leave on trade union business,
Amendment x of section 8, 4. Sect
@
()
sections (2) and (3) respectively. |
ion 5
immediately after section 5 the following new section—
Sa. (1) A workman intending to carry out his duties or to exercise his rights as an officer of a trade union shall apply in writing to his employer for leave of absence stating the durations of and the purposes for which such leave is applied for and the employer shall grant such application for leave if the duration of the leave applicd for is for a period that is no longer than what is reasonably required for the purposes stated in the application :
Provided that a workmaf shall not be entitled to leave with pay for the duration jof his absence if the purposes for which he is absent fron) work are not to represent the members of his trade union|in relation to industrial matters concerning his employer.” |
ion 8
follows—
“(1) No trade union of workmen the majority of whose membership consists of workmen in non-managerial or non-executive positions, excluding persons employed in confidential capacity or engaged in security work may seek recognition in respect of workmen in managerial or executive positions or workmen employed in confidential capacity or engaged in security work, or serve an invitation under section 12 in respect of such workmen.”;
renumber the existing subsections (1), (2) and (3) as subsections
, (3) and (4) respectively;
insert immediately before i (1) a new subsection as
substitute for the words “subsection (2)” appearing in the
@
Amendment 5. Sect of section 9.
first and third lines of subsection! (4) the words “subsection (3)”;
substitute for subsection (4) the following—
“(5) The Minister, upon receipt of a report under sub-section (4) may take such steps as may be necessary or expedient to resolve the matter and shall, if the matter is not resolved, give a decision; andl the Minister’s decision as to who shall be workmen in managerial or executive positions or employed in confidential capacity or engaged in security work made under subsection| (1) of this section and any decision made by him under this section shall be final and shall not be questioned in any Court.”.
ion 9 |
Substitute for section 9 the following—
spronmnin! 19. (1) No workman shall go jon strike for whatever reason acts pending during the pendency of proccedings under section 8 of this oratrade Act or after the Minister has decided that the trade union union, should not be accorded recognition by the employer of such workman. |
An employer shall not dismiss a workman once a trade union of workmen has served in writing on the employer or a trade union] of employers to which the employer belongs a claim fon recognition in respect of the workman or class of workmen:
Provided that a dismissal njay be effected on disciplinary grounds and that this restriction shall no longer apply once the Minister has made a decision on the claim.”.
1135 P.U. (A) 407.
6. Section 10 and 11
Delete the word “Court” appearing in both the sections and substitute therefor the word ‘‘Minister”.
7. Section 12
insert a new subsection after subsection (2) as follows—
“(3) Notwithstanding the provisions of 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—
the promotion by an enjployer of any workman from a lower grade or category, to a higher grade or category;
the transfer by an employer of a workman within the organisation of an employer's profession, business, trade or work, provided that such transfer docs not entail a change to the detriment of a workman in regard to his terms of employment;
the employment by an amployer of any person that he may appoint in the event of a vacancy arising in his establishment;
the termination by an employer of the services of a workman by reason of dundancy or by reason of the reorganisation of an employer’s profession, business, trade or work or the inf for such termination;
the dismissal and reinstatement of a workman by an employer in circumstances in which subsection (1) of section 16A applies;
the assignment or allocation by an employer of duties or specific tasks to a workman that are consistent or compatible with the ternjs of his employment.”;
renumber subsections (3), (4), (5) and (6) as subsections (4), (5),
and (7) respectively.
8. Section 13
Insert immediately after section 13 the following new section—
“Resrictions 134, (1) No collective agreement to which this section oa collective : ad :
zreements in applies shall contain provisions with regard to terms and todertakings, CONditions of service that are more favourable to workmen
38 55. than those contained in Part XII of the Employment
Ordinance, 1955, unless such provisions are approved by the Minister after considering any representations in that regard made by an employer and a trade union represen-ting his workmen: |
Provided that the Minister may amend or modify such provisions before approving them.
This section applies) to collective agreements made between an employer and|a trade union representing his workmen in respect of, or |in relation to—
a pioneer enterprise as defined under section 2 of the 13/68, Investment Incentives Act, 1968;
any other industry in respect of which the Minister may by notification jin the Gazette declare that this section shall apply.
Amendments of section 10 and 11,
Amendment of section 12.
Amendment of section 13.
1136
Amendment of section 14,
Amendment of section 16.
The provisions of {
tries specified in subsectig from the date such indy menced, operation in Ma
Provided that the Min notification in the Gazette ther period or periods as {
9. Section 14
Substitute for subsection (1) the foll
“(1) The parties to a collective
Secretary to the Court within ond the agreement has been entered it is section shall apply to indus-n (2) for a period of five years stries commence, or have com-aysia :
ster may from time to time extend such period for such fur-he Minister may decide.”.
Dwing agreement may deposit with the month from the date on which to, and the Secretary shall there.
upon bring it to the notice of the Court for its cognizance.”,
10. Section 16
Insert immediately after section 16 |the following new section
“Representa-tions to
Minister on dismissals,
16a. (1) Where a workmpn considers that he has been dismissed without just cause or excuse by his employer, in circumstances other than {hose arising out of a contraven-tion of section 464 he may, within onc month of such dis-missal, make representatidns in writing to the Minister to be reinstated in his former, employment.
The Minister may, before making a decision on any such representations, request the Commissioner to enquire into the dismissal and report whether in his opinion the dismissal is without just dause or excuse.
The Minister, if he decides to deal with the represen-tations himself, shall before making a decision thereon give an opportunity to the employer to make representations in writing as to the reasons why he considered the dismissal of the workman to be justified.
If, after considering the representations of the work-man and of the employer (if any) and any report made by the Commissioner under |sub-section (2) the Minister is satisfied that the workman|has been dismissed without just cause or excuse he may, notwithstanding any rule of law or agreement to the contrary;
direct the employer to reinstate the workman in his former employment |and to pay the workman an amount that is equivalent to the wages that he would have earned had be not been dismissed by the employer; or |
direct the employer to pay such amount of wages as compensation as may, be determined by the Minister, and the employer shall comply with the Minister's direction.
The decision of the Minister on any representations made under this section shall be final and conclusive and shal not be challenged in jany Court or in a Court estab-lished under this Act,
Any direction by the Minister under subsection (4)
shall operate as a bar to any action for damages by the workman in any Court in respect of the wrongful dismissal.
1137
An employer who fails|to comply with the direction of the Minister under subsection (4) shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand dallars or to both such imprison-ment and fine.
Where an amount to be paid under subsection (4)
is not paid in accordance with the Minister’s direction and the employer has been convicted of an offence under sub-Section (7) the amount, or fo much thereof as remains unpaid, shall be recoverable {as if it were a fine and the amount so recovered shall be|paid to the workman entitled under the direction.”,
11. Section 18
substitute for subsection (1) the
“(1) For the purposes of this Act, there shall be an
Industrial Court which shall consist of—
a President who shall be appointed by the Yang di-Pertuan Agong; and
a panel of independent persons, a panel of persons representing employers and a panel of persons repre-senting workmen all. of whom shall be appointed by the Minister:
Provided that before) appointing the panels the
Minister may consult such organisations representing employers and workmen [respectively as he may think fit.”;
3 |
in subsection (2) substitute for the word “Minister” the words
“Yang di-Pertuan Agong”; |
|
substitute for subsection (3) the following—
“(3) The appointments made’ in the preceding subsections shall be published in the Gazette and shall specify, if any, the terms and conditions upon which they are made.”.
|
12. Section 20 |
In subsection (2), substitute for the word “Minister” the words “Yang di-Pertuan Agong”. |
13. Section 23 |
Substitute for subsection (2) the following—
“(2) The Minister may of his own motion refer any trade following—
50/67.
14. Section 41
dispute to the Court if he is so to do:
Provided that in the cas¢
Government service or in authority, such reference shal consent of the Yang di-Pertu as the case may require.
For the purpose of this s¢
satisfied that it is expedient of a trade dispute in any he service of any statutory not be made except with the an Agong or State Authority ction and section 41 (c), the expression ‘statutory authority’ shall mean an authority or body established, appointed d or State law.”.
r constituted under a Federal
Delete paragraph (e),
Amendment of section 18,
Amendment of section 20.
Amendment of section 23.
Amendment of section 41,
P.U. (A) 407. 1138
Amendment 15, Section 46
of section 46.
Insert immediately after section 46 |the following new section—
“Injuringa 46a. (1) Notwithstanding jthe provisions of section 5, it eon shall be an offence to dismiss or threaten to dismiss a certain acts. workman or injure or threaten to injure him in his employment or alter or {hreaten to alter his position to his prejudice, by reason) of the circumstance that the workman—
is, or proposes to become, an officer or member of a trade union or agsociation that has applicd to be registered as a trade junion,
is entitled to the Yenelit of a collective agreement or an award;
has appeared or proposed to appear as a witness, or has given or prpposes to give any evidence, in any proceeding undér this Act,
being a member off a trade union which is secking to improve working conditions, is dissatisfied with such working condjtions;
is a member of a trade union which has served an invitation under section 12 or which is a party to negotiations under this Act or to a trade dispute which has been reported tq the Minister in accordance with
Part V or Part VI ;
has absented himself from work without leave for the purpose of carrying] out his duties or exercising his rights as an officer of a trade union where he applied for leave in accordance with section 5a before he absented himself and leave was unreasonably deferred or withheld; or
being a member of aj Panel appointed under section 18
has absented himself from work for the purpose of performing his functions and duties as a member of the Court and has jnotified the employer before he absented himself.
An employer who contravenes any of the provisions of subsection (1) shall be |guilty of an offence and shall be liable on conviction to] imprisonment for a term not exceeding twelve months |or to a fine not exceeding two thousand dollars or to both such imprisonment and fine.
Where an employer|has been convicted of an offence punishable under subsection (2) the Court by which the employer is convicted may order the employer to pay the workman the amount of any wages lost by him and also direct the employer to rei istate the workman in his former position or a similar position.
Where an amount jordered to be paid under sub-section (3) is not paid in accordance with the order, the amount or so much thereof as remains unpaid shall be recoverable as if it were ajfine and the amount so recovered shall be paid to the workipan entitled under the order,
Any employer who |fails to comply with a direction given under subsection (3)| shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding two thousand dollars or to}both such imprisonment and fine.
1139 P.U. (A) 407.
Nothing in this section shall be construed as prohi-biting the Minister from enquiring into the dismissal of or the reinstatement of a workmhn who has been allegedly dismissed in contravention of the provisions of this section before any proceedings have commenced in a Court of law; and any enquiry so made by the Minister shall be deemed to be a proceeding under section 16a and any decision made by him shall be construed as if it were made under the provisions of that se¢tion.”.
16. Section 53 Amendment ol section A
Insert immediately after section 53 the following new section—
“Questions §3a, (1) The Court may and shall, if so directed by the
Attorney-General, refer a question of law arising in any proceeding before it to the Ate Go for his opinion.
Before referring a question of law to the Attorney-General in accordance with ns nce (1) the Court shall inform the parties to the proceeding in relation to which the question arises of the question| which it proposes to refer and allow the parties a reasonable opportunity to make written submission relating to the question.
Submissions made in accordance with subsection (2)
shall be referred to the Attorney-General and the Attorney-General shall, after considering those submissions, furnish his opinion to the Court.
Notwithstanding a reference of a question of law to the Attorney-General (not being a question whether the
Court may exercise powers under this Act in relation to a trade dispute or matter), the Court may make an award in relation to the proceeding in which the question arose.
Upon receiving the opinion of the Attorney-General the Court—
may, if it has not made an award with respect to the parties of the proceeding in which the question arose, make an award not inconsistent with the opinion; or
shall, if it has made an award as aforesaid vary the award in such a way as ia make it consistent with the opinion.”. |
17. Section 55 | Amendment
" . P of section 55.
Substitute for the proviso to subsection (1) the following—
“Provided that no contravention of on failure to comply with any provision of Parts II, III (other than |section 9) or IV shall be deemed to be an offence punishable re this section.”.
Made this 9th day of October, 1969.
[MGN. (PA) R. 21.11]
Director of Operations
Tun Hast ABDUL rat BIN Dato’ HussEIN, oa
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