Industrial Relation

O LYMPIA B USINESS S CHOOL Advanced Diploma In wrinkle Administration F ILO -T EXT industrial RELATIONS October, 1998 R AFFLES E DUCATION G ROUP Kuala Lumpur w Petaling Jaya w Penang w Singapore w Jakarta w Bangkok w capital of Red China w London w New-York work Of by run into & flock industrial traffic T ABLE OF C ONTENTS TABLE OF CONTENTS . 2 INTRODUCTION HOW TO USE THE FILO-TEXT? 4 ASSESSMENT .. 5 Individual date 5 Mid-term interrogatory Team go out .. 5 FINAL E XAMINATION. .. 6 ATTENDANCE. 6 FEES CONTACT TIME 7 regular .. 7 Part-time .. 7 THE ACADEMIC team .. field of view planner 9 week 1 . 10 calendar week 2 . 12 calendar week 3 . 4 calendar week 4 . 16 WEEK 5 . 18 WEEK 6 . 20 WEEK 7 . 2 WEEK 8 . 24 WEEK 9 . 25 WEEK 10 .. 27 WEEK 11 .. 9 WEEK 12 .. 31 capital of Washington blood train foliate 2 rail Of argument & merchandise industrial dealings INTRODUCTION THE SUBJECT INDUSTRIAL RELATIONS capital of Washington argumentation schoolhouse summon 3 scho oldays Of stock & market industrial dealing HOW TO USE THE FILO-TEXT? The Filo-text is a tool to guide in this subject. It provides you general information on the hobby sound judgment attending Fees Contact time The pedantic team The academic plannerFor every week, it then provides you with the following information The conjure Topic The objective(s) of the raise The textbook and the chapter(s) and page(s) related to the given topic The other(a)(a) reference books easy to you in the library Additional reference material for your own research The objective(s) of the tutorial Questions to prep be for discussion during the tutorial Questions for your personal valuement utilize the Filo-text to prep be yourself prior to the lecture, in the midst of the lecture and the tutorial and subsequently the tutorial.capital of Washington tune School rascal 4 School Of channel & merchandise industrial transaction ASSESSMENT Student assessment leave after part be evaluated base on the following 1) 2) 3) 4) Individual Assignment Mid-Term Examination Team Project Final Examination 15 % 15 % 20 % 50 % speed of light % Total Individual Assignment An individual assigning forget be given to the school-age child on week 2 and lead shake up to be re trolled no later than week 6. The marked grant will be returned to the scholar by no later than week 8. The assignment will be related to the topics covered among week 1 and week 4 inclusive.It will comprise a create verbally radical of no more than 1000 words. Should the student fail to submit his/her assignment on week 6, the result will automatically be nil. Mid-term Examination A mid-term question will be conducted during week 8. It will assess the students knowledge and understanding of the topics covered up to week 6. The results, together with the solve scripts, will be returned to the students no later than week 10. Should a student be absent without a valid apology, the result will automatically be nil.Team Project A specific team project will be assigned. any one of the team projects submitted for any one of the other subjects of the course will be assessed as a tool of transaction Communication. capital of Washington communication channel School varlet 5 School Of Business & merchandising industrial relations FINAL EXAMINATION The final examination will be conducted week 13 or week 14 and its duration will be 3 hours. Registration for the examination is circularize from week 3 onwards and will close as per nonification. reconcile sure you register on time. No late adaptation will be entertained.The format of the examination is as follows division A Section B Total Short Essay Questions Essay-type Questions 5 * 4 Points Any 4 out of 6 *20 Points 100 Points ATTENDANCE Attendance for both the lectures and the tutorials is compulsory. Any student not attending a affiliate should provide a medical certificate or a written justification (signed by a pargonnt or guardian in the case of a full-time student). Should a student fail to do so, he / she will be considered truant. Should a students attendance for a given subject be lower than 80%, he / she will not be allowed to sit for the final examination.Punctuality is equally important. The proofreader is entitled to refuse entry into the classroom to any student who is late. FEES The registration fee is to be paid upon registration. The course fee is paid each in full, per semester or by installments. For feements made in full, the payment is ascribable before the first lecture. For payments made by semester, the payment per semester is due on the first day of the semester. For monthly instalments, the first payment is due on the first day of classes while the subsequent payments argon due on the first day of each subsequent month.Should any student countenance difficulty to pay his / her fees on time, he / she must meet with the (Deputy) tip to arrange an alternative. An y student who has not settled his / her fees and did not met with the (Deputy) leadland will not be allowed to attend classes or sit for an examination. capital of Washington Business School page 6 School Of Business & Marketing industrial dealing CONTACT TIME Full-time The duration of the classes on 12 weeks. Contact time consists of 1 1/2 hours of lecture and 1 1/2 hours of tutorial per week. Part-time The duration of the classes is 12 weeks. Contact time consists of 1 ? hours of lecture per week.For each hour of contact, the student is expected to spend at least 2 hours of unsupervised work, be it individually or in-group. Olympia Business School rapscallion 7 School Of Business & Marketing industrial dealing THE ACADEMIC TEAM At the beginning of the first lecture, please fill-in the following Your subscriber is The lecture get winds place on the room . . between and in Your charabanc is The tutorial takes place on room . . between and in The lecturer and tutor are always thither to help you. You are advise to consult them on a continuous basis. Your correct Lecturer is Your Class Lecturer consultations take place on in room . between and The Lecturer-in-Charge of the School of Business & Marketing in your centre is . The (Deputy Principal is . Olympia Business School paginate 8 School Of Business & Marketing industrial traffic SUBJECT PLANNER INDUSTRIAL RELATIONS WEEK 1 2 3 4 5 6 7 8 9 10 11 12 DATE case An Overview of Malayan industrial transaction The commerce Laws I The employment Laws II The Law on Occupational Safety & Health contend amount of money I Trade marrow II corporate negotiate I Mid Semester Examination Collective Bargaining II Trade contravention & industrial Actions The industrial lawcourt industrial Discipline FINAL EXAMOlympia Business School paginate 9 School Of Business & Marketing Industrial dealing WEEK 1 Subject fair game An Overview Of Malaysian Industrial Relations thought what is Ind ustrial Relations Describing the Industrial Relations re chief(prenominal)s Unilateral, Bilateral and Tripartite corpse Identifying who needs to study Industrial Relations Realizing the influence of International bodies Government departments and agencies Industrial Court Textbook(s) Malaysian Employment Law and Industrial Relations by Maimunah Aminuddin, second ed, 1990 Chapter 1 rogue No. 1 15 abduce Books & Journals 1. 2. Industrial Relations in Malaysia Law & bore by Dunston Ayadurai, 2nd discrepancy 1996 Malaysian theme Olympia Business School Page 10 School Of Business & Marketing Industrial Relations tutorial Questions 1. How far would it be correct to argue that the incidents of industrial conflicts is dependent on the presence of a positive legal division model assigned principally to regulate the actions of employers and craftiness legal jointures. 2. Conflicts are not of necessity good or bad but must be evaluated in term of its individual and organizational f unction and dysfunction. Discuss. . Suppose youre the HR Manager and are having the following problems. For each problem, which government agency would you turn to for assistance? a) An employee complains that the heart will not allow members to speak up at the topical anesthetic unions meeting. b) The company and the union are deadlocked over the term of a new repel agreement. egotism Assessment Questions 1. 2. 3. 4. Who are the parties involved in the industrial relations brass? Malaysia has a tripartite scheme of industrial relations. What does this mean? What is the role of the Ministry of gay Resources in the industrial relations system?List the major labour laws. What is the usance of each? Which department of the Ministry of Human Resources is responsible for enforcing each of these laws? Olympia Business School Page 11 School Of Business & Marketing Industrial Relations WEEK 2 Subject The Employment Laws I Objectives Understanding the Malaysian Employment Act The Enforcement of Employment Act Describing the functions of fatigue Court Determining the issues covered by the Employment Act reading what is a bring of swear out, Written and Oral Contracts Duration of the Employment ContractTextbook(s) Malaysian Employment Law and Industrial Relations by Maimunah Aminuddin, 2nd ed, 1990 Chapter 2 Page No. 18 27 prolongation Books & Journals 1. 2. Industrial Relations in Malaysia Law & institutionalise by Dunston Ayadurai, 2nd Edition 1996 Malaysian Newspaper Olympia Business School Page 12 School Of Business & Marketing Industrial Relations tutorial Questions 1. 2. 3. 4. 5. Should persistence conflict be regarded as inevitable in an industry high society? Why? What are the causes of industrial Conflicts? Evaluate the Contribution of the Human Relations school to an understanding of industrial Conflict. Over emphasis on regards results in an inability to detect the symptoms of Conflict other than engage symptoms and inappropriate i nsurance policy Prescriptions. Discuss. Why are some industries more strike prone than others? self Assessment Questions 1. 2. 3. 4. What is the main purpose for the existence of the Employment Act? Which workers are protected by the Employment Act? What are the main matters that stern be settled by the Labour Court? What is Contract of service? Olympia Business School Page 13 School Of Business & Marketing Industrial RelationsWEEK 3 Subject The Employment Laws II Objectives Understanding the swear out of termination of contract, Notice Realizing Payment of Wages Wage periods, Advances deductions, truck system Explaining the employment of Women Describing the Children and modern Persons Act, 1966 Textbook(s) Malaysian Employment Law and Industrial Relations by Maimunah Aminuddin, 2nd ed, 1990 Chapter 2 Page No. 29 41 Reference Books & Journals 1. 2. Industrial Relations in Malaysia Law & Practice by Dunston Ayadurai, 2nd Edition 1996 Malaysian NewspaperOlympia Business School Page 14 School Of Business & Marketing Industrial Relations tutorial Questions 1. An industrial relations Professor once stated The substance line of business agent is the most important member of your personnel department. Comment. 2. What is the kosher role or first-line care in Contract administration? How tush the first-line supervisor be made more effective in treatment Grievance? 3. From the perspective of society, is there an argument to be made in favor of strikes? Is a strike ever in the publics best interests? 4.Why should governments be regarded as important party to any system of industrial relations? 5. Explain the machinery, which the Federal Government has established for regulating the look intos of employment of its own employees? 6. Public service employment can never be fully depoloticised. Discuss the industrial relations implications of this statement. Self Assessment Questions 1) 2) 3) Explain the cognitive process of Contract termination. depic t the termination benefits. pick up the Children and Young Persons Act Olympia Business School Page 15School Of Business & Marketing Industrial Relations WEEK 4 Subject The Law on Occupational Safety and Health. Objective Describing the Factories and Machinery Act 1967 Identifying the Employees/Employers duties. Understanding the Notification of calamity and Occupational Diseases Improvement and prohibition Notices Describing the Employees Social Security Act 1969 Workmens Compensation Act 1952 Textbook(s) Chapter Malaysian Employment Law and Industrial Relations Maimunah Aminuddin 3 Page No 43 55 Reference Books 1. 2.Industrial Relations in Malaysia Law & Practice by Dunston Ayadurai present moment Edition 1996 Malaysian Newspaper Olympia Business School Page 16 School Of Business & Marketing Industrial Relations tutorial Questions 1. 2. What are the reasons keister its (Occupational Health and Safety) becoming a more prominent issue in the 1980s? In 1979, Gunningham and Creighton wrote that for Unions Safety comes a good third behind wages and the maintenance of employment, and much(prenominal) attention as it does get is generally concentrated on hire rather than prevention.Is this still an spotless assessment of Union priorities? Do employees and their Unions drive home a role to play in promoting health and safety? 3. Olympia Business School Page 17 School Of Business & Marketing Industrial Relations WEEK 5 Subject Objectives Introduction to Union Movement Explaining the legal exposition of consider union Find out why do workers pith cope union? Realizing the Trade Union objectives Illustrating the right to form and marry a commerce union Explaining the registration process of a trade union Trade Union 1Textbook(s) Chapter Malaysian Employment Law and Industrial Relations Maimunah Aminuddin 4 Page No 57-76 Reference Books 1. Industrial Relations in Malaysia Law & Practice Dunston Ayadurai turn Edition 1996 2. Malaysian New spaper Olympia Business School Page 18 School Of Business & Marketing Industrial Relations Tutorial Questions 1. 2. 3. 4. In your own words, condone why Unions usually file the most grievance? How are local and national unions effected by International Competition? When an employee has a flush about a Management action in a organised operation, how does he or she go about resolving us?What factors have led to the formation of employer associations? Self Assesment Questions 1. 2. 3. 4. 5. 6. Why do workers trade union trade unions? What are the main implications, which can be deduced from the legal definition of a trade union? What actions can employers take to discourage their employees from joining a trade union? Who can join a union? Who cannot join a union? Comment on the medium of the trade union movement today? Why do employers join unions? Olympia Business School Page 19 School Of Business & Marketing Industrial Relations WEEK 6 Subject Objectives Trade Union II Identifyi ng the Workers Unions Number of Unions Size of Union Types of Unions In-house Union, National Union and Public union Explaining the Employers Associations Describing the MTUC, its functions and objectives Explaining other trade union Malaysian Employers Federation functions and objectives Malaysia Labor Organization Textbook(s) Chapter(s) Malaysian Employment Law And Maimunah Aminuddin Reference Book & Journals 1. Industrial Relations in Malaysia Law & Practice Dunston Ayadurai, bite Edition1996 2. Malaysian Newspaper Industrial Relations 4 Pages 77-96Olympia Business School Page 20 School Of Business & Marketing Industrial Relations Tutorial Questions 1. 2. 3. 4. What factors unite and divide the employer associations? Has there been any trend towards wider union involvement in social and political issues? Has the government any real business in interfering with the internal stopping point making process of trade union? To what extent can government regulations be in(pre dicate) in guaranteeing democracy within unions? Self Assessment Questions 1. 2. 3. 4. What is an in-house Union? draught the difference between National and Public Union.What are the functions of the Malaysian Trade Union Congress? compendium the Malaysian Employers Federation objectives. Olympia Business School Page 21 School Of Business & Marketing Industrial Relations WEEK 7 Subject Lecture Objectives Understanding what is a Collective Bargaining Find out the objectives in conducting a Collective Bargaining Describing the Union Bargaining Strength Recognition Financial strength Solidarity Explaining the recognition and de-recognition procedures Identifying the collective bargaining procedure and process Collective Bargaining 1Textbook(s) Chapter Malaysian Employment Law and Industrial Relation Maimunah Aminuddin 5 Page No 99-111 Reference Books & Journals 1. 2. Industrial Relations in Malaysia Law & Practice, Dunston Ayadurai sanction Edition 1996 Malaysian Newspaper Oly mpia Business School Page 22 School Of Business & Marketing Industrial Relations Tutorial Questions 1. GPL is a company employing between 100 and 200 skilled engineers and electricians plump for by about twice as many unskilled and tractor trailer skilled workers in each of 4 major urban areas. The head office employs about 300 clerks and threes a hearty transport section.About half the drivers and no craft workers are members of union called worldwide Transport Union and similar proportion of all the other workers are member of other union. GPL has been growing fast. Its management has hitherto determined salaries and condition of work without actually involving union officials and although in the past, there have not been any labour problems. There have been a number of cause in the wear year or when a dispute has precisely just been avoided. Recently management was approached by General Trade Union official with a view to obtaining sole negotiating rights.Assuming GPL gra nts sole negotiating to the GTU, youre needed to a) cede 4 benefits, which may result from such representative system. b) Give 4 benefits of collective bargaining in such a situation. 2. Outline and explain unfair labour practiced by a) Unions b) Management. 3. Explain the main industrial actions that can be taken by a trade union. 4. What are guidelines for an effective negotiation? Self Assessment Questions 1. What is a collective bargaining? 2. What are the different between unilateral and bilateral decision making? 3. Describe the step in the collective bargaining process? . What factors influence the outcome collective bargaining? Olympia Business School Page 23 School Of Business & Marketing Industrial Relations WEEK 8 MID SEMESTER EXAM Olympia Business School Page 24 School Of Business & Marketing Industrial Relations WEEK 9 Subject Collective Bargaining I Objective i Find out the characteristic of offective negotiators Communication skills collections of information decision making objective, strategies and tactic i Understanding Collective Agreement i Identifying Items normally Found in Collective Agreement i Public celestial sphereTextbook(s) Chapter Malaysian Employment Law and Industrial Relation Maimunah Aminuddin 5 Page No 113 129 Reference Books & Journals 1. Industrial Relations in Malaysia Law & Practice, Dunston Ayadurai Second Edition 1996 2. Malaysian Newspaper Olympia Business School Page 25 School Of Business & Marketing Industrial Relations Tutorial Questions 1. Since labormanagement cooperation is important to the economic victory of the business and eventually to the union ability to negotiate wage gains and other benefits for members, what are some of the ways you could recommend improving labor management co- opera 2.Describe the major incidences of strike? 3. Assume your company has properly conducted compensation program. If several employees ask you why they receive different hourly pay rates even though they perform the same job, how will resolve? Self Assessment Questions 1. What are the characteristics of an effective negotiators? 2. Describe the item unremarkably found in the collective agreements. 3. Why is the wage setting system in the sector public sector different from that in the hole-and-corner(a) sector? Olympia Business School Page 26 School Of Business & Marketing Industrial Relations WEEK 10Subject Trade Disputes and Industrial Action Objective iUnderstanding the trade disputes iFind out the different between Picketing , strike iDescribing the industrial action could be taken by the employer iExplaining the settlement of trade disputes Direct negotiations Conciliation Arbitration Textbook(s) Chapter Malaysian Employment Law and Industrial Relation Maimunah Aminuddin 6 Page No 131 154 Reference Books & Journals 1. 2. Industrial Relations in Malaysia Law & Practice, Dunston Ayadurai Second Edition 1996 Malaysian Newspaper Olympia Business School Page 27School Of Business & Ma rketing Industrial Relations Tutorial Questions 1. Should all workers have the right to strike? (Consider special groups such as doctors, post office staff and banking employees) 2. The Union of Transport Employees (UTE) had for the last six months been negotiating with XYZ Bus Company on proposals for their third collective agreement. However, after five meetings the company refused to continue negotiations. Advise the union representatives what actions they might take to solve this problem. Make sure you inform them of the possible consequence of their actions. 3.What are the economic consequences of strike action? 4. In case of impending strike action by employees what preparations might an employer make? Questions available for self-assessment 1) 2) 3) 4) 5) 6) 7) 8) 9) What is a trade dispute and what causes such disputes? List the types of industrial action that may be taken by workers Are a picket and a proof the same? What is a lock-out? How can an employer continue product ion once a strike has been called? Under what conditions would a strike be illegal? What is the role of the Ministry of Human Resources in setting labor disputes?Explain the difference between voluntary and compulsory arbitration. What are the differences between conciliation and arbitration? Olympia Business School Page 28 School Of Business & Marketing Industrial Relations WEEK 11 Subject Objectives Understanding the twist and proceedings of the Court, trophys of the Court Find out what is unfair dismissal claims Explaining the regulation of conduct for Industrial Harmony Describing the cognizance of Collective Agreements. The Industrial Court Textbook(s) Chapter Malaysian Employment Law and Industrial Relation Maimunah Aminuddin 7 Page No 155 176Reference Books & Journals 3. 4. Industrial Relations in Malaysia Law & Practice, Dunston Ayadurai Second Edition 1996 Malaysian Newspaper Olympia Business School Page 29 School Of Business & Marketing Industrial Relations Tutori al Questions 1. For a trade dispute that will be settled by Industrial Court to exist, the employer or employee pertain must be stand for by the union. However, there are two exceptions to this rule. What are those exceptions? Why has there been a recent trend towards co-operation between Union/Management? Outline the Industrial actions that can be taken by Employers. . 3. Questions for self-assessment 1. 2. 3. 4. 5. 6. 7. What is the main purpose for having an arbitration system? What is the main function of the Industrial Court? Describe the structure of the Industrial Court? Who can represent the parties during Court proceedings? Can Court awards be appealed against? Describe the type of cases the Court has the legal power to hear. What type of cases can be referred direct to the Court by the parties concerned? Olympia Business School Page 30 School Of Business & Marketing Industrial Relations WEEK 12Subject Objectives Find out the grandeur of Disciplinary Action Understan ding the Disciplinary Actions, Disciplinary Action for disappointing Performance Illustrating the Guidelines for an effective Disciplinary Action Explaining Industrial court Award and unfair dismissal Misconduct / Industrial Discipline Textbook(s) Chapter Malaysian Employment Law and Industrial Relation Maimunah Aminuddin 8 Page No 177 193 Reference Books & Journals 5. 6. Industrial Relations in Malaysia Law & Practice, Dunston Ayadurai Second Edition 1996 Malaysian Newspaper Olympia Business School