Industrial Relations Act Malaysia Retrenchment

Malaysia s human resources minister says that his ministry expects retrenchments to continue into 2017.

Industrial relations act malaysia retrenchment. We finally have clarity about the changes that the government plans to make to the industrial relations act as the industrial relations amendment bill 2019 was tabled in parliament for first reading on 7 october 2019 and was passed by the dewan rakyat on 9 october 2019. Laws of malaysia act 177 industrial relations act 1967 arrangement of sections part i preliminary section 1. Expression trade union 4. In exercising retrenchment not only must the employer have good grounds to do so but the law clearly provides that the employer is required to exercise it fairly.

According to the malaysian employers federation mef more than 20 000 employees were retrenched in 2015 as at september 2015. If parties are unable to settle their dispute during the conciliation meeting ordered by the department of industrial relations the minister of human resources may refer the matter to the industrial court for. An employee who believes they have been unfairly retrenched must lodge a complaint with the director general of industrial relations within 60 days from the date of the dismissal. Appointment of director general for industrial relations 2b.

If parties are unable to settle their dispute during the conciliation meeting ordered by the department of industrial relations the minister of human resources may refer the matter to the industrial court for. Section 13 3 of industrial relations act 1967 recognizes. The second schedule of the industrial relations act 1967 stipulates that the industrial court may only order back wages of up to 24 months only 12 months for probationers. 19 october 2019.

An employee who believes they have been unfairly retrenched must lodge a complaint with the director general of industrial relations within 60 days from the date of the dismissal. Once all cause papers have been filed by the parties the industrial court during subsequent mentions will direct the parties to file their respective bundle of documents and witness statements. Provided that the director general shall have the power to enquire into and decide whether or not the employer is justified in calling upon the employee to work in the circumstances specified in paragraphs a to f. Speaking to fmt he said retrenchment was recognised by law while the industrial relations act ensured that employers did not sack workers based on whims and fancy.

F work to be performed by employees in any industrial undertaking essential to the economy of malaysia or any essential service as defined in the industrial relations act 1967.