Better protection of workers’ rights from Jan 1, says minister

Better protection of workers’ rights from Jan 1, says minister

Minister can no longer refer cases to Industrial Court, and jail term for illegal pickets and strikes is abolished.

An employees’ protest at Utusan Melayu last year over unpaid wages. A new law has abolished imprisonment for illegal pickets or strikes.
PUTRAJAYA:
Amendments to the Industrial Relations Act which come into force on Jan 1 will improve the protection of workers’ rights in the country, said human resources minister M Saravanan.

He said the key areas of amendments included the repeal of the minister’s power to refer representations on dismissal cases to the Industrial Court which will instead be given to the director-general for Industrial Relations.

Also repealed was the discretionary power to refer cases to the Industrial Court without further filtering.

Other amendments were to provide for the employer or employee to be represented by any person of their choice, except lawyers, during the conciliation process at the Industrial Relations Department.

The provision on representation on reinstatement may be extended to employees of statutory bodies by order of the minister, after consultations with the statutory body.

“Beginning Jan 1, trade unions can also negotiate about general issues related to the exchange, recruitment, termination of services due to labour surplus, dismissal and reinstatement as well as distribution of tasks.

“The punishment of imprisonment for illegal picketing and strikes have been abolished in line with international labour standards,” he said in a statement here today.

Saravanan said through this amendment, the Industrial Court may continue to conduct the proceedings notwithstanding the death of the employee who made the representation and order the payment of back wages or compensation in lieu of reinstatement or both to the next-of-kin of the deceased employee.

Besides that, the Industrial Court may lower the award without being bound by the restrictions set out in the Second Schedule if the dismissal is due to a violation of the right to freedom of union; the Industrial Court shall charge interest of up to 8% per annum or at a lower rate.

“Parties who are dissatisfied with the Industrial Court award can submit an appeal directly to the High Court within 14 days after the award is received,” he said.

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