Industrial Relations 1 LAWS OF MALAYSIA REPRINT Act 177 INDUSTRIAL RELATIONS ACT 1967 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 177 INDUSTRIAL RELATIONS ACT 1967 First enacted ... ... ... ... 1967 (Act No. 35 of 1967) Revised ... ... ... ... ... 1976 (Act 177 w.e.f. 1 September 1976) PREVIOUS REPRINT First Reprint ... ... ... ... ... 2002 Industrial Relations 3 LAWS OF MALAYSIA Act 177 INDUSTRIAL RELATIONS ACT 1967 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1.  Short title 2.  Interpretation 2A. Appointment of Director General for Industrial Relations PART II PROTECTION OF RIGHTS OF WORKMEN AND EMPLOYERS AND THEIR TRADE UNIONS 3. Expression "trade union" 4. Rights of workmen and employers 5. Prohibition on employers and their trade unions in respect of certain acts 6.  Leave on trade union business 7.  Prohibition on workmen and their trade unions in respect of certain acts 8.  Reference of complaint to Industrial Court 8A. Employer may provide information on collective bargaining and trade dispute to his workmen PART III RECOGNITION AND SCOPE OF REPRESENTATION OF TRADE UNIONS 9. Claim for recognition 10. Prohibition of strike, lock-out, picketing and termination of service pending recognition of a trade union 11. Trade unions accorded recognition 12. Trade unions not accorded recognition 4 Laws of Malaysia ACT 177 PART IV COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS Section 13. Collective bargaining 14. Collective Agreements 15. Restrictions on collective agreements in certain new undertakings 16. Deposit of collective agreements 17. Effect of collective agreement PART V CONCILIATION 18. Reference of disputes for conciliation 19. Information, documents and compulsory conference for conciliation 19A. The Minister may conciliate in any trade dispute 19B. Representation in conciliation proceedings PART VI REPRESENTATIONS ON DISMISSALS 20. Representations on dismissals PART VII INDUSTRIAL COURT 21. Industrial Court 22. Constitution of the Court 23. Divisions of the Court 23A. Qualification of President and Chairman of Industrial Court 24. Protection and immunity to members of the Court 25. Registrar and officers 26. Reference of trade disputes to the Court 27. Appearance and representation at proceedings before the Court 28. Power of President to regulate procedure and proceedings 29. Power of the Court 30. Awards 31. Agreement during proceeding Industrial Relations 5 Section 32. Effect of an award 33. Interpretation and variation of awards and agreements 33A. Reference to the High Court on a question of law 33B. Award, decision or order of the Court to be final and conclusive PART VIII INVESTIGATION AND INQUIRY 34. Investigation and Inquiry into trade disputes 35. Committee 36. Board 37. Reports PART IX TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM 38. Pupils not to take part in trade disputes 39. Intimidation 40. Picketing 41. Breach of contract liable to injure person or property 42. Conspiracy in trade disputes 43. Restrictions on strikes and lock-outs in essential services 44. Prohibition of strikes and lock-outs 45. Illegal strikes and lock-outs 46. Penalty for illegal strikes and lock-outs 47. Penalty for instigation 48. Penalty for giving financial aid to illegal strikes and lock-outs 49. Protection of persons refusing to take part in illegal strikes or lock-outs 50. Offences seizable, and no bail to be granted 51. Prosecution of offences under this Part 6 Laws of Malaysia ACT 177 PART X MISCELLANEOUS Section 52. Application 53. Appointment of public officer 54. Exclusion of evidence as to certain matters 55. Secrecy 56. Non-compliance with award or collective agreement (Deleted) 57. 58. Contempt 59. Injuring a workman on account of certain acts 60. General penalties 61. Schedule 62. Regulations 63. Repeal and Savings SCHEDULE - Essential Services Industrial Relations 7 LAWS OF MALAYSIA Act 177 INDUSTRIAL RELATIONS ACT 1967 An Act to provide for the regulation of the relations between employers and workmen and their trade unions and the prevention and settlement of any differences or disputes arising from their relationship and generally to deal with trade disputes and matters arising therefrom. [7 August 1967] PART I PRELIMINARY Short title 1. (1) This Act may be cited as the Industrial Relations Act 1967. (2) (Omitted). Interpretation In this Act, unless the context otherwise requires-- 2. "award" means an award made by the Court in respect of any trade dispute or matter referred to it or any decision or order made by it under this Act; "Board" means the Board of Inquiry appointed under Part VIII; "Chairman" means the Chairman of a division of the Court constituted under section 23; "collective agreement" means an agreement in writing concluded between an employer or a trade union of employers on the one hand and a trade union of workmen on the other relating to the terms and conditions of employment and work of workmen or concerning relations between such parties; 8 Laws of Malaysia ACT 177 "collective bargaining" means negotiating with a view to the conclusion of a collective agreement; "Committee" means the Committee of Investigation appointed under Part VIII; "contract of employment" means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as a workman and that other agrees to serve his employer as a workman; "Court" means the Industrial Court appointed under Part VII and includes, unless the contrary intention appears, any Court under section 22 constituted for the purpose of dealing with any trade dispute or matter referred to it, and any division thereof; "Director General" means the Director General for Industrial Relations and includes any other officer acting on his behalf; "Director General of Trade Unions" means the Director General of Trade Unions appointed under section 3 of the Trade Unions Act 1959 [Act 262]; "Division" means a Division of the Court as constituted under section 23; "employer" means any person or body of persons, whether corporate or unincorporate, who employs a workman under a contract of employment, and includes the Government and any statutory authority, unless otherwise expressly stated in this Act; "essential service" means any service specified in the Schedule; "government" means the Federal Government or the Government of a State; "industry" means any business, trade, undertaking, manufacture o r calling of employers, and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen; "injury" includes injury to a person in respect of his business, occupation, employment or other source of income and any actionable wrong; Industrial Relations 9 "intimidate" means to cause in the mind of a person a reasonable apprehension of injury to him or to any member of his family or to any of his dependants, or of violence or damage to any person or property; "lock-out" means-- (a) the closing of a place of employment; or (b) the suspension of work; or (c) the refusal by an employer to continue to employ any number of workmen employed by him, in furtherance of a trade dispute, done with a view to compelling those workmen to accept terms or conditions of or affecting employment; "maliciously" means the doing of a wrongful act intentionally without just cause or excuse, whether or not in furtherance of a trade dispute; "officer of a trade union" means "officer" as defined under any written law relating to the registration of trade unions; "party", with reference to a trade dispute, means a trade union of workmen acting for all or any number of its members in the trade dispute, or an employer acting for himself in the trade dispute, or a trade union of employers acting for all or any number of its members in the trade dispute; "prescribed" means prescribed by regulations made under this Act; "President" means the President of the Court appointed under this Act; "public health service" means any medical or health service and includes any hospital, clinic, sanatorium or other related institution for the care of the sick or any system of public conservancy or sanitation; "Registrar" means the Registrar of the Court appointed under this Act and includes a Deputy Registrar and an Assistant Registrar; 10 Laws of Malaysia ACT 177 "statutory authority" means an authority or body established, appointed or constituted by any written law, and includes any local authority; "strike" means the cessation of work by a body of workmen acting in combination, or a concerted refusal or a refusal under a common understanding of a number of workmen to continue to work or to accept employment, and includes any act or omission by a body of workmen acting in combination or under a common understanding, which is intended to or does result in any limitation, restriction, reduction or cessation of or dilatoriness in the performance or execution of the whole or any part of the duties connected with their employment; "trade dispute" means any dispute between an employer and his w o r k m e n which is connected with the employment or non-employment or the terms of employment or the conditions of work of any such workmen; "trade union" means any trade union registered under any law relating to the registration of trade unions; "workman" means any person, including an apprentice, employed by an employer under a contract of employment to work for hire or reward and for the purposes of any proceedings in relation to a trade dispute includes any such person who has been dismissed, discharged or retrenched in connection with or as a consequence of that dispute or whose dismissal, discharge or retrenchment has led to that dispute. Appointment of Director General for Industrial Relations 2A. (1) The Yang di-Pertuan Agong shall appoint a Director General for Industrial Relations who shall have the general direction, control, and supervision of all matters relating to industrial relations. (2) The Yang di-Pertuan Agong may appoint a Deputy Director General for Industrial Relations, and such number of Directors of Industrial Relations, Assistant Directors of Industrial Relations, and Industrial Relations Officers as he considers necessary or expedient for the purposes of carrying out and giving effect to the provisions of this Act. Industrial Relations 11 (3) The Director General shall, in addition to the powers, duties and functions conferred on him under this Act, exercise such other