HISTORY OF ESTABLISHMENT

Workers’ Rights To Join Unions Under Labour Laws

Malaysia’s Employment Act guarantees workers’ right to form and join trade union regardless content of a contract (article 8) and right to deduct union dues monthly (article 24).

On the other hand, Industrial Relations Act protects workers’ right to form and join trade union and stresses that employers cannot interfere such rights. Union members have also right to take leave to join union activities.

Employment Act 1955

The Employment Act 1955 is a key labor legislation in Malaysia that governs the terms and conditions of employment for certain categories of employees. It sets out the minimum employment standards and provides protection for workers in various aspects of their employment. Some of the main provisions of the Employment Act 1955 include:

Coverage: The act applies to employees in the private sector, except for specific categories such as domestic servants, certain managerial and supervisory roles, and certain industries with separate labor legislation.

Employment Terms: It establishes basic terms and conditions of employment, including working hours, rest days, overtime rates, annual leave, sick leave, and maternity leave. It also covers provisions related to termination and layoff benefits.

Wages: The act specifies minimum wage rates, payment of wages, and regulations regarding deductions from wages.

Employment Contracts: It sets guidelines for the written employment contracts, which should include key terms such as job scope, remuneration, and working hours.

Employment of Women and Young Persons: The act includes provisions to protect women and young persons, such as restrictions on working hours, prohibition of night work for certain categories, and maternity benefits.

Termination and Dismissal: It outlines procedures and restrictions on termination and dismissal of employees, including notice periods and compensation for termination without just cause or excuse.

Industrial Relations Act 1967

Malaysian legislation that governs industrial relations matters in the country. It provides a framework for the resolution of disputes and the regulation of relationships between employers, employees, and trade unions. The act covers various aspects of industrial relations, including the establishment and registration of trade unions, collective bargaining, dispute resolution mechanisms, and the protection of the rights and interests of workers and employers. It outlines the rights and responsibilities of employers, employees, and trade unions, and sets out procedures for the negotiation and settlement of disputes. The Industrial Relations Act 1967 plays a crucial role in maintaining harmonious industrial relations and promoting fair employment practices in Malaysia.

Workers’ Rights Under Federal Constitution

1. Federal Constitution of Malaysia: The Federal Constitution itself is the primary legal document that outlines the fundamental principles and structures of the Malaysian government. It establishes the separation of powers among the executive, legislative, and judicial branches, defines the rights and freedoms of individuals, and outlines the roles and responsibilities of various institutions.

Workers’ Rights Guaranteed by the Federal Constitution of Malaysia

Hak pekerja untuk menubuhkan kesatuan sekerja dijamin oleh artikel 10(1)(C) Perlembagaan Persekutuan Malaysia. Bagaimanapun, artikel 10(3) membenarkan undang-undang mengenakan sekatan terhadap hak penubuhan kesatuan.