CAMPUS: UITM CAWANGAN SELANGOR, KAMPUS PUNCAK ALAM FACULTY: BUSINESS MANAGEMENT COURSE NAME: BACHELOR IN HUMAN RESOURCE MANAGEMENT (BA 243) SUBJECT NAME: INDUSTRIAL RELATIONS (HRM 659) GROUP: BA 243 5L TYPE OF ASSIGNMENT: INDIVIDUAL ASSIGNMENT ASSIGNMENT NAME: CHAPTER REVIEW CHAPTER 5: RECOGNITION OF TRADE UNION NAME: WAN RABIATUL ASYILA BINTI AB RAHMAN MATRIC CARD NUMBER: 2018265334 LECTURER NAME: MADAM MAZLINA BINTI AHMAD ZAYADAH SUBMISSION DATE: 13TH NOVEMBER, 2020 FACULTY OF BUSINESS AND MANAGEMENT ASSIGNMENT/ PROJECT DECLARATION FORM Student’s Name : WAN RABIATUL ASYILA BINTI AB RAHMAN 2018265334 970518105964 HRM 659 Course Name : ISSUES IN HUMAN RESOURCE MANAGEMENT Assignmet Due / Project No. : 2 Date : 15/11/2020 Submission Date 15/11/2020 Assignment/ : CHAPTER REVIEW (CHAPTER 5) Lecturer’s : PUAN MAZLINA BINTI AHMAD ZAYADAH Name I hereby declare that the work in this assignment/ project was carried out in accordance with the regulations of Universiti Teknologi MARA. It is original and is the results of my own work, unless otherwise indicated or acknowledged as referenced work. This assignment/ project has not been submitted to any other academic institution or non-academic institution for any degree or qualification. I acknowledge that I have been supplied with the Academic Rules and Regulations for Universiti Teknologi MARA’s Bachelor Degree students, regulating the conduct of my study and exams. I hereby declare that this assignment/ project is written by me and: i. is a result of my own work; ii. has not been used for another assessment at another department/ university/ university college in Malaysia or another country; iii. does not refer to/quote works of others or own previous writings without stating it both in the text and in the reference list; iv. mentions explicitly all sources of information in the reference list; and v. will go through similarity check (Turnitin). I am aware that disciplinary action (which may include the deduction of marks in the assignment/ project) will be taken against me if I am found to be an offender. 15/11/2020 Date Student’s Signature : INDUSTRIAL RELATIONS (HRM659) CHAPTER SUMMARY CHAPTER 5 RECOGNITION OF TRADE UNION WHAT IS RECOGNITION OF TRADE UNION? A trade union is said to be recognised once an employer has agreed to negotiate with it on pay and working conditions on behalf of a particular group of workers. RECOGNITION IS STARTING POINT OF COLLECTIVE BARGAINING Enables employee's involvement, trust, commitment & to enhance harmonius industrial relations THERE ARE TWO TYPES OF RECOGNITION OF TRADE UNION STATUTORY RECOGNITION VOLUNTARY RECOGNITION Employer voluntarily recognizes a trade union without using legal procedures If an employer and trade union find they are unable to come to a voluntary recognition agreement, a trade union can make an application for statutory recognition. This only applies where the employer, together with any associated employers, employs 21 or more workers. PROCEDURE A written application must be in prescribed form as required under IRA Section 9(2) to claim recognition Employer must reply within 21 days from date of receiving Employer can decide either want to accord recognition voluntary, to refuse with reasons or to request to DGIR to verify the union is the correct union or the workers the members of the union METHODS Membership verifications - Visit to a workplace to determine the business activity Check Off - Employees asked to stated in writing whether or not belong to union Secret Ballot - Enables employees to exercise their option secretly EFFECTS OF RECOGNITION S11 of IRA Once recognition is accorded to trade union no other union representing the same workers & can apply within 3 years from the day of recognition accorded, if rejected can reapply after 6 months from the date of rejection S9 S9 S9 S9 S9 S9 (4) of IRA (4A) of IRA (4B) of IRA - DGIR (4C) of IRA (5) of IRA (6) of IRA SCOPE OF REPRESENTATION S9 (1) IRA -a workmen membership not in a managerial,executive,confidential or security capacity precluded from claiming -any dispute arise/before recognition TYPES OF RECOGNITION Limited the union is entitled to make representation on individual grievances & to negotiate on behalf of members General the union entitled, in addition to the above, general questions of terms and conditions of service on behalf of all workmen, whether or not they are members of trade union WAN RABIATUL ASYILA BINTI AB RAHMAN 2018265334 BA 2435L oneasyila@gmail.com A trade union is an important tool for a worker to exercise his or her right to collective bargaining with the employer. The interests and wellbeing of members of the workplace, such as fair pay, job protection, acceptable working hours and working conditions, can be strengthened through the voice of the trade union movement. The Federal Constitution in Malaysia guarantees the enjoyment of workers' freedom of association, in particular the right to establish and join a trade union. Fortunately, various limitations on trade union operations have been imposed for security reasons. The trade union must register in compliance with the specified laws in order for the trade union to engage in the collective bargaining agreement with the employer. A trade union that wishing to represent a group of employees of common trade, business or occupation must comply with the requirements set out in Section 9 of IRA 1967 before they can engage in collective bargaining with employers. The constitutional period means that the resolution of a recognition dispute takes approximately nine months. Before having a secret vote, the DGIR must first affirm that the union has the power, by majority support, to serve the workers. The law requires that if the trade union is representing the general employees, the trade union shall not have members who are in the managerial capacity, executive capacity, confidential capacity and the security capacity. However, within these categories, the four categories of workers may create their trade union with common capacities and interests. Before finalising the list of employees willing to join in the secret vote, the DGIR's office is to investigate the membership list. For the four types of employees, there is no legislative interpretation. For example, the case of one of employees of Bank Rakyat Malaysia and Menteri Sumber Manusia. In my view, the Minister can refer to their job title and job description instead of the job classification in determining if the employees fell into the four categories, since the latter should not be used as an indicator in a point of reference to decide if the workers are employed in the four categories. The opposition to the acknowledgment argument in this case has been prevalent for the employer. As the variety of duties of employees varies from one nature of business to another, the employer appears to take advantage of the job in different ways. Employers, for example, employ strategies such as restructuring working roles in their respective organisations, thus questioning the voting ability of employees. The respondent alleged that the employer failed to comply in certain cases and intentionally postponed the submission to the DGIR of the list of employees despite the 14-day deadline provided to them by the employer. In a conclusion, the need for improvements to the trade union recognition policies and legislation. The Malaysian Government should review current practices and propose amending laws to achieve an equitable and efficient mechanism for the approval of trade unions. It can be found that a worker is free to establish and enter a trade union in Malaysia. The new provisions, however, require modifications and adjustments in dealing with the problems posed.
