KUALA LUMPUR – Effective January 1, the amended Industrial Relations Act 1967 (Act 177) will include the repeal of discretionary powers to refer cases to the industrial court.
Human Resource Minister Datuk Seri M. Saravanan said the amendments include the repeal of the minister’s powers to refer cases related to job recovery representation to the industrial court, replacing it with the industrial relations director-general.
The changes, he said, also involved the repeal of discretionary powers in referring cases to the industrial court, allowing employees to seek justice and have the right to be heard in court without prior filtering processes.
“Representation during negotiations at the Industrial Relations Department is open to any person (except lawyers) and the application of work recovery representation provisions (Section 20) may be extended to employees of statutory bodies by order of the human resource minister, following consultation with the statutory body,” he said in a statement today.
Saravanan said that beginning January, trade unions can negotiate issues related to the recruitment, termination of services due to over supply of manpower, dismissal and work recovery, as well as the delegation of duties and promotion-related procedures.
Additionally, the jail sentence for picketing and strikes has also been abolished in line with international labour standards.
“Through this amendment, the industrial court may continue proceedings if workers have passed away, and order the payment to be backdated or to make compensation payments for the work recovery, or both, to be awarded to the next of kin to the deceased workers,” he said.
“The industrial court can also hand down the award without being bound to restrictions set under the second schedule if the work dismissal was caused by the contravention of the right to unionisation.”
Saravanan said the industrial court can impose interest on the award at 8% a year, or lower.
At the same time, any party that is dissatisfied with the award can make an appeal to the high court within 14 days after the award is received.
“The government hopes that the enforcement of Act 177 will defend the fate of the country’s workers and raise the country’s image internationally.” – The Vibes, December 28, 2020
