Industrial Relations
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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
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Laws of Malaysia
ACT 177
INDUSTRIAL RELATIONS ACT 1967
First enacted
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1967 (Act No. 35 of 1967)
Revised
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1976 (Act 177 w.e.f.
1 September 1976)
PREVIOUS REPRINT
First Reprint
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2002
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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
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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
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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
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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
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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;
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"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;
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"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;
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"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.
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(3) The Director General shall, in addition to the powers, duties
and functions conferred on him under this Act, exercise such other
powers, discharge such other duties and perform such other functions
as may be necessary or expedient for the purposes of carrying out
and giving effect to the provisions of this Act.
PART II
PROTECTION OF RIGHTS OF WORKMEN AND
EMPLOYERS AND THEIR TRADE UNIONS
Expression "trade union"
3.  For the purposes of this Part, the expression "trade union"
includes an association that has applied to be registered as a trade
union.
Rights of workmen and employers
4. (1) No person shall interfere with, restrain or coerce a workman
or an employer in the exercise of his rights to form and assist in
the formation of and join a trade union and to participate in its
lawful activities.
(2) No trade union of workmen and no trade union of employers
shall interfere with each other in the establishment, functioning or
administration of that trade union.
(3) No employer or trade union of employers and no person
acting on behalf of such employer or such trade union shall support
any trade union of workmen by financial or other means, with the
object of placing it under the control or influence of such employer
or such trade union of employers.
Prohibition on employers and their trade unions in respect of
certain acts
5. (1) No employer or trade union of employers, and no person
acting on behalf of an employer or such trade union shall--
(a) impose any condition in a contract of employment seeking
to restrain the right of a person who is a party to the
contract to join a trade union, or to continue his membership
in a trade union;
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(b) refuse to employ any person on the ground that he is or
is not a member or an officer of a trade union;
(c) discriminate against any person in regard to employment,
promotion, any condition of employment or working
conditions on the ground that he is or is not a member
or officer of a trade union;
(d) dismiss or threaten to dismiss a workman, injure or threaten
to injure him in his employment or alter or threaten to
alter his position to his prejudice by reason that the
workman--
(i) is or proposes to become, or seeks to persuade any
other person to become, a member or officer of
a trade union; or
(ii) participates in the promotion, formation or activities
of a trade union; or
(e) induce a person to refrain from becoming or to cease to
be a member or officer of a trade union by conferring or
offering to confer any advantage on or by procuring or
offering to procure any advantage for any person.
(2) Subsection (1) shall not be deemed to preclude an employer
from--
(a) refusing to employ a person for proper cause, or not
promoting a workman for proper cause, or suspending,
transferring, laying-off or discharging a workman for
proper cause;
(b) requring at any time that a person who is or has been
appointed or promoted to a managerial position shall
cease to be or not become a member or officer of a trade
union catering for workmen other than those in a managerial
position; or
(c) requiring that any workman employed in confidential
capacity in matters relating to staff relations shall cease
to be or not become a member or officer of a trade union.
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Leave on trade union business
6.  A workman intending to carry out his duties or to exercise his
rights as an officer of a trade union shall apply in writing to his
employer for leave of absence stating the durations of and the
purposes for which such leave is applied for and the employer
shall grant the application for leave if the duration of the leave
applied for is for a period that is no longer than what is reasonably
required for the purposes stated in the application:
Provided that a workman shall not be entitled to leave with pay
for the duration of his absence if the purposes for which he is
absent from work are not to represent the members of his trade
union in relation to industrial matters concerning his employer.
Prohibition on workmen and their trade unions in respect of
certain acts
7.  No workman or trade union of workmen and no person acting
on behalf of such trade union shall--
(a) except with the consent of the employer, persuade at the
employer's place of business during working hours a
workman of the employer to join or refrain from joining
a trade union:
Provided that this paragraph shall not be deemed to
apply to any act by a workman employed in the same
undertaking where the act does not interfere with his
normal duties;
(b) intimidate any person to become or refrain from becoming
or to continue to be or to cease to be a member or officer
of a trade union; or
(c) induce any person to refrain from becoming or cease to
be a member or officer of a trade union by conferring or
offering to confer on any person or by procuring or offering
to procure any advantage.
Reference of complaint to Industrial Court
8. (1) Any complaint of any contravention of section 4, 5, or 7
may be lodged in writing to the Director General setting out all
the facts and circumstances constituting the complaint.
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(2) The Director General upon receiving any complaint under
subsection (1) may take such steps or make such enquiries as he
considers necessary or expedient to resolve the complaint; where
the complaint is not resolved the Director General shall notify the
Minister.
(2A) Upon receipt of a notification under subsection (2), the
Minister may, if he thinks fit, refer the complaint to the Court for
hearing.
(3) The Court shall thereupon conduct a hearing in accordance
with this Act and may make such award as may be deemed necessary
or appropriate.
(4) This section shall not apply in circumstances where there
is a contravention of section 59 and proceedings have been
commenced before a court in respect of an offence under subsection
59(1); where, while proceedings are pending under this section,
proceedings arising out of the same circumstances are commenced
before a court in respect of an offence under subsection 59(1), the
proceedings under this section shall not be proceeded with further.
Employer may provide information on collective bargaining
and trade dispute to his workmen
8A.  Nothing in this Act shall be construed as preventing an employer
from conveying to his workmen, in such manner as he may deem
appropriate, any information on any matter pertaining to any collective
bargaining or trade dispute involving such workmen and the trade
union acting for them.
PART III
RECOGNITION AND SCOPE OF REPRESENTATION
OF TRADE UNIONS
Claim for recognition
* 9 . ( 1 ) N o trade union of workmen the majority of whose
membership consists of workmen who are not employed in any of
the following capacities that is to say--
(a) managerial capacity;
(b) executive capacity;
*NOTE--The amendments made to this section by section 9 of Act A484 came into force on
15-09-1980, vide P.U. (B) 452/1980.
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(c) confidential capacity; or
(d) security capacity,
may seek recognition or serve an invitation under section 13 in
respect of workmen employed in any of the abovementioned
capacities.
(1A) Any dispute arising at any time, whether before or after
recognition has been accorded, as to whether any workman or
workmen are employed in a managerial, executive, confidential or
security capacity may be referred to the Director General by a
trade union of workmen or by an employer or by a trade union of
employers.
(2) A trade union of workmen may serve on an employer or on
a trade union of employers in writing in the prescribed form a
claim for recognition in respect of the workmen or any class of
workmen employed by such employer or by the members of such
trade union of employers.
(3) An employer or a trade union of employers upon whom a
claim for recognition has been served shall, within twenty-one
days after the service of the claim--
(a) accord recognition; or
(b) if recognition is not accorded, notify the trade union of
workmen concerned in writing the grounds for not according
recognition; or
(c) apply to the Director General to ascertain whether the
workmen in respect of whom recognition is being sought
are members of the trade union of workmen concerned
and give a written notice of such application to such
trade union of workmen.
(4) Where the trade union of workmen concerned receives a
notification under paragraph (3)(b), or where the employer or
t r a d e union of employers concerned fails to comply with
subsection (3), the trade union of workmen may report the matter
in writing to the Director General.
(4A) The Director General, upon receipt of a reference under
subsection (1A), or an application under paragraph (3)(c), or a
report under subsection (4) may take such steps or make such
enquiries as he may consider necessary or expedient to resolve the
matter.
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(4  B ) F o r the purpose of carrying out his functions under
subsection (4A) the Director General--
(a) shall have the power to require the trade union of workmen,
the employer, or the trade union of employers concerned
to furnish such information as he may consider necessary
or relevant; and
(b) may refer to the Director General of Trade Unions for his
decision any question on the competence of the trade
union of workmen concerned to represent any workmen
or class of workmen in respect of whom recognition is
sought to be accorded, and the performance of duties and
functions by the Director General of Trade Unions under
this paragraph shall be deemed to be a performance of
his duties and functions under the written law relating to
the registration of trade unions.
(4C) Where the matter is not resolved under subsection (4A) the
Director General shall notify the Minister.
(5) Upon receipt of a notification under subsection (4C) the
Minister shall give his decision thereon; where the Minister decides
that recognition is to be accorded, such recognition shall be deemed
to be accorded by the employer or trade union of employers concerned,
as the case may be, as from such date as the Minister may specify;
a decision of the Minister under this subsection may include a
decision as to who are workmen employed in a managerial, executive,
confidential or security capacity.
(6) A decision of the Minister under subsection (5) shall be
final and shall not be questioned in any court.
Prohibition of strike, lock-out, picketing and termination of
service pending recognition of a trade union
10. (1) No workman shall go on strike or do anything which is
rendered lawful by virtue of the proviso to subsection 40(1) for
whatever reason during the pendency of proceedings under section
9, or after the decision of the Minister thereunder by reason of any
dissatisfaction with such decision.
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(2) No employer shall declare a lock-out or terminate the services
of a workman once a trade union of workmen has served on the
employer or a trade union of employers to which the employer
belongs a claim for recognition under subsection 9(2) in respect
of workmen or a class of workmen:
Provided that this restriction shall not apply--
(a) where a dismissal is effected on disciplinary grounds; or
(b) where the claim for recognition has been resolved under
subsection 9(4A) or where a decision thereon has been
made by the Minister under subsection 9(5).
(3) For the purpose of subsection (2) "lock-out" includes--
(a) the closing of a place of employment;
(b) the suspension of work; or
(c) the refusal by an employer to continue to employ any
number of workmen employed by him,
effected during the pendency of proceedings under section 9.
Trade unions accorded recognition
11.  Where a trade union has been accorded recognition in respect
of any workman or class of workmen whether by a decision of the
Minister or otherwise no other trade union shall make any claim
for recognition in respect of the same workman or class of workmen
unless a period of three years has elapsed after such recognition
has been accorded or the trade union which has been accorded
recognition is no longer in existence.
Trade unions not accorded recognition
12.  Where a claim for recognition under subsection 9(2) is resolved
under subsection 9(4A), or where a decision thereon has been made
by the Minister under subsection 9(5), resulting in the trade union
of workmen concerned not being accorded recognition, such trade
union shall not make any further claim for recognition until six
months have elapsed from the date of such resolution or decision.
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PART IV
COLLECTIVE BARGAINING AND COLLECTIVE
AGREEMENTS
Collective bargaining
13. (1) Where a trade union of workmen has been accorded
recognition by an employer or a trade union of employers--
(a) the trade union of workmen may invite the employer or
t r a d e union of employers to commence collective
bargaining; or
(b) the employer or the trade union of employers may invite
the trade union of workmen to commence collective
bargaining.
(2) The invitation under subsection (1) shall be in writing and
shall set out the proposals for a collective agreement.
(3) Notwithstanding subsection (1), no trade union of workmen
may include in its proposals for a collective agreement a proposal
in relation to any of the following matters, that is to say--
(a) the promotion by an employer of any workman from a
lower grade or category to a higher grade or category;
(b) the transfer by an employer of a workman within the
organization of an employer's profession, business, trade
or work, provided that such transfer does not entail a
change to the detriment of a workman in regard to his
terms of employment;
(c) the employment by an employer of any person that he
may appoint in the event of a vacancy arising in his
establishment;
(d) the termination by an employer of the services of a workman
by reason of redundancy or by reason of the reorganization
of an employer's profession, business, trade or work or
the criteria for such termination;
(e) the dismissal and reinstatement of a workman by an
employer;
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(f) the assignment or allocation by an employer of duties or
specific tasks to a workman that are consistent or compatible
with the terms of his employment:
Provided that nothing in this subsection shall prohibit a trade
union of workmen to raise in the course of any discussion with
an employer or trade union of employers (whether or not the
discussion is in the course of any collective bargaining) questions
of a general character relating to the procedures of promotion of
workmen notwithstanding that such questions do not form part of
the proposals aforesaid.
(4) The employer, trade union of employers or trade union of
workmen to whom invitation under subsection (1) has been made
shall, within fourteen days from the receipt of the invitation, reply
in writing to the party who has made the invitation notifying
acceptance or otherwise of the invitation.
(5) Where an invitation to commence collective bargaining has
been made and a reply notifying acceptance has been given the
parties shall commence collective bargaining within thirty days
from the date of receipt of the reply notifying acceptance of the
invitation.
(6) Where an invitation to commence collective bargaining has
been made and the invitation has been refused or not been accepted
within fourteen days, or where no collective bargaining has
commenced within thirty days from the date of receipt of the reply
notifying acceptance of such invitation, the party making the invitation
may notify the Director General in writing, whereupon the Director
General may take such steps as may be necessary or expedient
with a view to bringing the parties to commence collective bargaining
without undue delay.
(7) If after such steps, as aforesaid, have been taken, there is
still refusal to commence collective bargaining, a trade dispute
shall be deemed to exist upon the matters set out in the invitation.
(8) Where a trade union of workmen considers that an employer
or a trade union of employers has refused to allow without just
cause or excuse any question referred to under the proviso to
subsection (3) to be raised in the course of any discussion, the
trade union of workmen may, within one month of such refusal,
make representations in writing to the Minister who may, before
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giving any direction thereon, give an opportunity to the employer
or his trade union and the trade union of workmen to be heard;
and the direction of the Minister shall be final and conclusive.
Collective Agreements
14. (1) A collective agreement shall be in writing and signed by
the parties to the agreement or by persons authorized in that behalf.
(2) A collective agreement shall set out the terms of the agreement
and shall, where appropriate--
(a) name the parties thereto;
(b) specify the period it shall continue in force which shall
not be less than three years from the date of commencement
of the agreement;
(c) prescribe the procedure for its modification and termination;
and
(d) unless there exists appropriate machinery established by
virtue of an agreement between the parties for the settlement
of disputes, prescribe the procedure for the adjustment of
any question that may arise as to the implementation or
interpretation of the agreement and reference of any such
question to the Court for a decision.
(3) Any term or condition of employment, contained in a collective
agreement, which is less favourable than or in contravention of the
provisions of any written law applicable to workmen covered by
the said collective agreement, shall be void and of no effect to that
extent and the provisions of such written law shall be substituted
therefor.
Restrictions on collective agreements in certain new under-
takings
15. (1) No collective agreement to which this section applies
shall contain provisions with regard to terms and conditions of
service that are more favourable to workmen than those contained
in Part XII of the Employment Act 1955 [Act 265] unless the
provisions are approved by the Minister after considering any
representations in that regard made by an employer and a trade
union representing his workmen:
Provided that the Minister may amend or modify the provisions
before approving them.
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(2) This section applies to collective agreements made between
an employer and a trade union representing his workmen in respect
of, or in relation to--
(a) a pioneer company which has been granted pioneer status
under section 6 of the Promotion of Investments Act
1986 [Act 327];
(b) any other industry in respect of which the Minister may
by notification in the Gazette declare that this section
shall apply.
( 3 ) T h i s section shall apply to industries specified in
subsection (2) for a period of five years from the date such industries
commence, or have commenced, operation in Malaysia:
Provided that the Minister may from time to time by notification
in the Gazette extend the period for such further period or periods
as the Minister may decide.
Deposit of collective agreements
16. (1) A signed copy of the collective agreement shall be jointly
deposited by the parties with the Registrar within one month from
the date on which the agreement has been entered into and the
Registrar shall thereupon bring it to the notice of the Court for its
cognizance.
(2) The Court may in its discretion--
(a) refuse to take cognizance of the collective agreement
deposited under subsection (1) if it is of the opinion that
the agreement does not comply with section 14; or
(b) before taking cognizance of the collective agreement
deposited under subsection (1), require that such part
thereof as does not comply with section 14 shall be amended
in such manner as the Court may direct.
(3) If any party to the collective agreement fails to carry out
such direction the Court may, notwithstanding any other power
exercisable under this Act, amend the copy of the collective agreement
in the manner directed after giving the parties a reasonable opportunity
of being heard and the agreement so amended shall be deemed to
be the collective agreement between the parties.
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(4) (Omitted).
(5) Except in the case provided under subsection (2) or (3), the
powers of the Court under this section may be exercised by the
President sitting alone or, in the case of a Division, by the Chairman
sitting alone.
Effect of collective agreement
17. (1) A collective agreement which has been taken cognizance
of by the Court shall be deemed to be an award and shall be
binding on--
(a) the parties to the agreement including in any case where
a party is a trade union of employers, all members of the
trade union to whom the agreement relates and their
successors, assignees or transferees; and
(b) all workmen who are employed or subsequently employed
in the undertaking or part of the undertaking to which the
agreement relates.
(2) As from such date and for such period as may be specified
in the collective agreement it shall be an implied term of the
contract between the workmen and employers bound by the agreement
that the rates of wages to be paid and the conditions of employment
to be observed under the contract shall be in accordance with the
agreement unless varied by a subsequent agreement or a decision
of the Court.
PART V
CONCILIATION
Reference of disputes for conciliation
18. (1) Where a trade dispute exists or is apprehended, that dispute,
i f not otherwise resolved, may be reported to the Director
General by--
(a) an employer who is a party to the dispute or a trade union
of employers representing him in the dispute; or
(b) a trade union of workmen which is a party to the dispute.
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(2) The Director General shall consider any dispute reported to
him under subsection (1) and take such steps as may be necessary
or expedient for promoting an expeditious settlement thereof:
Provided that where the dispute relates to the dismissal of a
workman, section 20 shall apply.
(3) Where a trade dispute exists or is apprehended, which in his
opinion is not likely to be settled by negotiation between the
parties, the Director General may, if he deems it necessary in the
public interest, take such steps as may be necessary or expedient
for promoting a settlement thereof whether or not the trade dispute
has been reported to him.
( 4 ) T h e steps taken by the Director General under
s u b s e c t i o n (2) or (3) shall include reference of the dispute
f o r settlement to any appropriate machinery which already
exists by virtue of an agreement between or applicable to the
parties to the dispute, unless--
(a) the dispute has already been referred to such machinery
and there has been a failure to reach a settlement; or
(b) in his opinion it is unlikely that the dispute will be promptly
settled through such machinery.
(5) Where, after having taken the steps under subsection (2) or
(3), the Director General is satisfied that there is no likelihood of
the trade dispute being settled, he shall notify the Minister accordingly.
Information, documents and compulsory conference for
conciliation
19. (1) Where a trade dispute has been reported to the Director
General under subsection 18(1) or where the Director General has
taken steps under subsection (3) of that section, the party reporting
the dispute and, if directed to do so by the Director General, the
other party shall furnish to the Director General within such period
as may be specified in the direction all the necessary information
relating to the matters in dispute, together with, wherever possible
and appropriate, an agreed statement setting out the points, if any,
on which they have already reached agreement and the points on
which there is still disagreement.
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(2) The Director General may, if he deems it necessary or
expedient, direct any person engaged in or connected directly or
indirectly with the trade dispute in respect of which steps have
been taken under section 18 to attend a conference to be presided
over by the Director General or such person as he may appoint at
such time and place as may be specified in the direction.
The Minister may conciliate in any trade dispute
19A.  Notwithstanding the provisions of this Part, the Minister
may, at any time, if he considers it necessary or expedient, take
such steps as may be necessary to conciliate in any trade dispute.
Representation in conciliation proceedings
19B. (1) In any conciliation proceedings under this Part--
(a) an employer who is a party to the trade dispute may
represent himself or be represented by his duly authorized
employee, or, where he is a member of a trade union of
employers be represented by an officer or employee of
such trade union of employers, or, notwithstanding anything
to the contrary contained in any written law relating to
the registration of trade unions, by any official of an
organization of employers registered in Malaysia (not
being a trade union of employers);
(b) a trade union of workmen which is a party to the trade
dispute may be represented by an officer or employee of
such trade union, or, notwithstanding anything to the
contrary contained in any written law relating to the
r e g i s t r a t i o n of trade unions, by any official of an
organization of workmen registered in Malaysia (not being
a trade union of workmen).
(2) Save as provided in subsection (1), a party to a trade dispute
shall not, in any conciliation proceedings under this Part, be
represented by an advocate, adviser, consultant or by any other
person whatsoever.
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PART VI
REPRESENTATIONS ON DISMISSALS
Representations on dismissals
20. (1) Where a workman, irrespective of whether he is a member
of a trade union of workmen or otherwise, considers that he has
been dismissed without just cause or excuse by his employer, he
may make representations in writing to the Director General to be
reinstated in his former employment; the representations may be
filed at the office of the Director General nearest to the place of
employment from which the workman was dismissed.
(1A) The Director General shall not entertain any representations
under subsection (1) unless such representations are filed within
sixty days of the dismissal:
Provided that where a workman is dismissed with notice he may
file a representation at any time during the period of such notice
but not later than sixty days from the expiry thereof.
(2) Upon receipt of the representations the Director General
shall take such steps as he may consider necessary or expedient
so that an expeditious settlement thereof is arrived at; where the
Director General is satisfied that there is no likelihood of the
representations being settled, he shall notify the Minister accordingly.
(3) Upon receiving the notification of the Director General under
s u b s e c t i o n (2), the Minister may, if he thinks fit, refer the
representations to the Court for an award.
(4) Where an award has been made under subsection (3), the
award shall operate as a bar to any action for damages by the
workman in any court in respect of wrongful dismissal.
(5) This section shall not apply to the dismissal of a workman
in circumstances arising out of a contravention of section 59 where
proceedings have been commenced before a court in respect of an
offence under subsection 59(1); where, while proceedings are pending
under this section, proceedings arising out of the same dismissal
are commenced before a court in respect of an offence under
subsection 59(1), the proceedings under this section shall not be
proceeded with further.
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(6) In any proceedings under subsection (2)--
(a) an employer may represent himself or be represented by
his duly authorized employee or, where he is a member
of a trade union of employers, be represented by an
officer or employee of such trade union of employers or,
notwithstanding anything to the contrary contained in
any written law relating to the registration of trade unions,
by any official of an organization of employers registered
in Malaysia (not being a trade union of employers);
(b) a workman may represent himself or, where he is a member
of a trade union of workmen, be represented by an officer
o r employee of such trade union of workmen or,
notwithstanding anything to the contrary contained in
any written law relating to the registration of trade unions,
by any official of an organization of workmen registered
in Malaysia (not being a trade union of workmen).
(7) Save as provided in subsection (6), a workman or employer
shall not be represented by an advocate, adviser, consultant or by
any other person whatsoever.
(8) For the purpose of carrying out his functions under this
section the Director General--
(a) shall have the power to direct either party to furnish to
him, within such period as may be specified in that direction,
such information as he may consider necessary or relevant;
and
(b) may, if he deems it necessary or expedient, direct any
person engaged in or connected directly or indirectly
with the dismissals to attend a conference to be presided
over by the Director General or such person as he may
appoint at such time and place as may be specified in the
direction.
PART VII
INDUSTRIAL COURT
Industrial Court
21. (1) For the purposes of this Act, there shall be an Industrial
Court which shall consist of--
(a) a President who shall be appointed by the Yang di-Pertuan
Agong; and
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(b) a panel of persons representing employers and a panel of
persons representing workmen all of whom shall be
appointed by the Minister:
Provided that before appointing the panels the Minister may
consult such organizations representing employers and workmen
respectively as he may think fit.
(2) During the absence of or inability to act from illness or any
other cause by the President, the Yang di-Pertuan Agong may
appoint another person to exercise the powers or perform the
functions of the President and, notwithstanding that the President
may have resumed the duties of his office, the person so appointed
may continue to exercise the powers or perform the functions for
the purpose of completing the hearing of and determining any
trade dispute or matter commenced before him.
(3) The appointments made in subsections (1) and (2) shall be
published in the Gazette and shall specify, if any, the terms and
conditions upon which they are made.
(4) The Minister shall remove from a panel referred to in paragraph
(1)(b) a person who has declined to constitute the Court when
selected to do so, or has absented himself, when selected, from the
proceedings of the Court, unless he has shown reasonable cause
for so declining or absenting himself; and the Minister may at any
time without assigning any reason therefor revoke the appointment
of any person to such panel.
Constitution of the Court
22. (1) For the purpose of dealing with any trade dispute referred
to it, the Court, except where otherwise provided by this Act, shall
be constituted of the President and two members selected by the
President, one from each of the panels specified in subsection
21(1).
(2) If any member other than the President is unable to attend
or continue to attend any proceedings of the Court or ceases to be
a member, the President may select another member from the
appropriate panel to fill the vacancy.
(3) The Court may with the consent of the parties to the dispute
act notwithstanding any vacancy in its number or in the absence
of any member other than the President from any hearing or any
part thereof and no act, proceeding or award of the Court shall be
called in question or invalidated by reason of any such vacancy
or absence.
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(4) Any member of the Court constituted under this section
whose appointment expires during the proceedings of the Court
shall for the purpose of the proceedings continue to be a member
of the Court and the term of his appointment shall be deemed to
have been extended until the final disposal of the trade dispute or
matter.
(5) Notwithstanding the foregoing subsections, for the purpose
of dealing with any reference to the Court under subsection 20(3),
the Court may be constituted by the President sitting alone.
Divisions of the Court
23. (1) The Court may sit in two or more Divisions with the same
or different Chairman.
(2) The Yang di-Pertuan Agong may by notification in the Gazette
appoint any person to be a Chairman of any Division of the Court.
(3) Any Division shall be constituted of a Chairman and two
members selected by the President, one from each of the panels
specified in subsection 21(1).
(4) Notwithstanding the foregoing subsections, for the purpose
of dealing with any reference to the Court under subsection 20(3),
a Division may be constituted by the Chairman sitting alone.
(5) The Court may, with the consent of the parties to the dispute,
act notwithstanding any vacancy in its number or in the absence
of any member other than the Chairman from any hearing or any
part thereof and no act, proceeding or award of the Court shall be
called in question or be invalidated by reason of any such vacancy
or absence.
(6) During the absence of or inability to act from illness or any
other cause by the Chairman, the Yang di-Pertuan Agong may
appoint another person to exercise the powers or perform the
functions of the Chairman and, notwithstanding that the Chairman
may have resumed the duties of his office, the person so appointed
may continue to exercise the powers or perform the functions for
the purpose of completing the hearing of and determining any
trade dispute or matter commenced before him.
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Qualification of President and Chairman of Industrial Court
23A. (1) A person is qualified for appointment as President under
paragraph 21(1)(a) and as Chairman under subsection 23(2) if, for
the seven years preceding his appointment, he has been an advocate
and solicitor within the meaning of the Legal Profession Act 1976
[Act 166] or a member of the judicial and legal service of the
Federation or of the legal service of a State, or sometimes one and
sometimes another.
(2) Any person who, immediately before the commencement
of this section, is a President appointed under paragraph 21(1)(a)
or a Chairman appointed under subsection 23(2) but is disqualified
from being a President or Chairman by virtue of this section, may
continue to remain as President or Chairman until the expiry of
his term of appointment.
Protection and immunity to members of the Court
24. (1) Every person appointed under sections 21 and 23, in the
performance of his duties and functions, shall be deemed to be a
public servant within the meaning of the Penal Code [Act 574].
(2) Notwithstanding anything to the contrary in any written
law, no member of the Court shall be compelled by any court to
appear as a witness or party in any proceedings before that Court
in relation to any act, matter or thing performed by him as a
member of the Court under this Act.
Registrar and officers
25. (1) There shall be appointed a Registrar, a Deputy Registrar
and such number of Assistant Registrars, of the Court and other
officers and staff as may from time to time be considered necessary
or expedient for the purposes of this Act.
(2) The duties of the Registrar, Deputy Registrar, Assistant
Registrars, and other officers and staff of the Court shall, subject
to this Act and the rules made thereunder, be as the President
directs.
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Reference of trade disputes to the Court
26. (1) Where a trade dispute exists or is apprehended, the Minister
may, if that dispute is not otherwise resolved, refer the dispute to
the Court on the joint request in writing to the Minister by the
trade union of workmen which is a party to the dispute and the
employer who is a party to the dispute or a trade union of employers
which is a party to the dispute.
(2) The Minister may of his own motion or upon receiving the
notification of the Director General under subsection 18(5) refer
any trade dispute to the Court if he is satisfied that it is expedient
so to do:
Provided that in the case of a trade dispute in any Government
service or in the service of any statutory authority, reference shall
not be made except with the consent of the Yang di-Pertuan Agong
or State Authority as the case may require.
(3) If there exists in any industry any arrangement for the
settlement of trade disputes, made in pursuance of an agreement
between an employer or a trade union of employers and a trade
union of workmen, the Minister shall not refer the trade dispute
to the Court in accordance with subsections (1) and (2) unless
there has been a failure to obtain a settlement by means of those
arrangements or in his opinion it is unlikely that the dispute will
be expeditiously settled through such arrangements.
Appearance and representation at proceedings before the Court
27. (1) In any proceedings before the Court a party may--
(a) where the party is a trade union, be represented by an
officer or employee of the trade union;
(b) where the party is an employer, appear himself personally
or be represented by his duly authorized employee, or by
an officer or employee of a trade union of employers of
which he is a member;
(c) where the party is a workman (in proceedings under
subsection 20(3)), appear himself personally or where he
is a member of a trade union of workmen, be represented
by an officer or employee of the trade union;
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(d) where the party is a trade union, or an employer, or a
workman (in proceedings under subsection 20(3)), be
represented with the permission of the President or the
Chairman, by an advocate, or, notwithstanding anything
to the contrary contained in any written law relating to
the registration of trade unions, by any official of an
organization (not being a trade union) of employers or
of workmen, as the case may be, registered in Malaysia.
(2) If any question arises before the Court as to whether the
person representing a party under subsection (1) is--
(a) an officer or employee of the trade union which he
represents;
(b) a duly authorized employee of the employer whom he
represents; or
(c) an official of a registered organization mentioned in
paragraph (1)(d),
the question shall be determined by the President or the Chairman,
whose decision thereon shall be final.
Power of President to regulate procedure and proceedings
28.  Save as otherwise expressly herein provided and subject to
any regulations that may be made in that behalf, the President may
regulate the procedure and proceedings of the Court as he thinks
fit and, with the approval of the Minister, make rules governing
such procedure and proceedings.
Power of the Court
The Court may, in any proceedings before it--
29.
(a) order that any party be joined, substituted or struck off;
(b) summon before it the parties to any such proceedings and
any other person who in its opinion is connected with the
proceedings;
(c) take evidence on oath or affirmation and compel the
production before it of books, papers, documents and
things;
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(d) hear and determine the matter before it notwithstanding
the failure of any party to submit any written statement
whether of case or reply to the Court within such time
as may be prescribed by the President or in the absence
of any party to the proceedings who has been served with
a notice or summons to appear;
(e) conduct its proceedings or any part thereof in private;
(f) after consultation with the Minister, call in the aid of one
or more experts; and
(g) generally direct and do all such things as are necessary
or expedient for the expeditious determination of the
matter before it.
Awards
30. (1) The Court shall have power in relation to a trade dispute
referred to it or in relation to a reference to it under subsection
20(3), to make an award (including an interim award) relating to
all or any of the issues.
(2) Where the Court is not unanimous on any question or matter
to be determined, a decision shall be taken by a majority of members
and, if there is no majority decision, by the President or Chairman.
(3) The Court shall make its award without delay and where
practicable within thirty days from the date of reference to it of
the trade dispute or of a reference to it under subsection 20(3).
(4) In making its award in respect of a trade dispute, the Court
shall have regard to the public interest, the financial implications
and the effect of the award on the economy of the country, and
on the industry concerned, and also to the probable effect in related
or similar industries.
(5) The Court shall act according to equity, good conscience
and the substantial merits of the case without regard to technicalities
and legal form.
(5A) In making its award, the Court may take into consideration
any agreement or code relating to employment practices between
organizations representative of employers and workmen respectively
where such agreement or code has been approved by the Minister.
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(6) In making its award, the Court shall not be restricted to the
specific relief claimed by the parties or to the demands made by
the parties in the course of the trade dispute or in the matter of
the reference to it under subsection 20(3) but may include in the
award any matter or thing which it thinks necessary or expedient
for the purpose of settling the trade dispute or the reference to it
under subsection 20(3).
(7) An award may specify the period during which it shall
continue in force, and may be retrospective to such date as is
specified in the award:
Provided that the retrospective date of the award may not, except
in the case of a decision of the Court under section 33 or an order
of the Court under paragraph 56(2)(c) or an award of the Court
for the reinstatement of a workman on a reference to it in respect
of the dismissal of a workman, be earlier than six months from
the date on which the dispute was referred to the Court.
(8) The award of the Court shall be signed by the President or
the Chairman of any Division or in the event of the President or
the Chairman for any reason being unable to sign the award by
the remaining members.
(9) The Court may rectify in any award any clerical error or
mistake arising from any accidental slip or omission.
Agreement during proceeding
31.  In the event of an agreement being reached during the
proceedings before the Court, the Court in making its award may,
subject to this Act, have regard to the terms of the agreement; and
in the event of an agreement being reached before the Court
commences its proceedings, the Court may be constituted by the
President or Chairman sitting alone for the purpose of recording
the terms of such agreement.
Effect of an award
32. (1) Any award made by the Court under this Act shall be
binding on--
(a) all parties to the dispute or the reference to the Court
under subsection 20(3) appearing or represented before
the Court and all parties joined or substituted or summoned
to appear or be represented before the Court as parties
t o the dispute or the reference to the Court under
subsection 20(3);
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(b) any successor, assignee or transferee of any employer or
trade union of employers and any successor to any trade
union of workmen which is a party to the dispute as
aforesaid;
(c) all workmen who were employed in the undertaking or
part of the undertaking to which the dispute relates on
the date of the dispute and all workmen who subsequently
became employed in that undertaking or part thereof; and
(d) all members of a trade union of employers to whom the
dispute relates and to which dispute the trade union is a
party and the successors, assignees or transferees of such
members.
(2) As from the date of the award or as from such date and for
such period as may be specified therein, it shall be an implied term
of the contract between the workmen and employers bound by the
award that the rates of wages to be paid and the conditions of
employment to be observed under the contract shall be in accordance
with the award or decision unless varied by a subsequent award
or agreement between the parties.
(3) (Deleted by Act A484).
Interpretation and variation of awards and agreements
33. (1) If any question arises as to the interpretation of any award
or collective agreement taken cognizance of by the Court, the
Minister may refer the question, or any party bound by the award
or agreement may apply, to the Court for a decision on the question.
(2) The Court may, upon the application of any party, by order
vary any of the terms of an award or agreement if it considers it
desirable so to do for the purpose solely of removing ambiguity
or uncertainty.
(3) The parties bound by the award or agreement shall be afforded
a reasonable opportunity of being heard.
(4) The decision of the Court shall be binding in the same
manner as the original award or agreement.
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(5) The expression "Court" for the purpose of this section,
means the Court by which the award was made or any other Court
specially constituted under section 22 for the purpose.
Reference to the High Court on a question of law
33A. (1) Where the Court has made an award under subsection
30(1) it may, in its discretion, on the application of any party to
the proceedings in which the award was made, refer to the High
Court a question of law--
(a) which arose in the course of the proceedings;
(b) the determination of which by the Court has affected the
award;
(c) which, in the opinion of the Court, is of sufficient
importance to merit such reference; and
(d) the determination of which by the Court raises, in the
opinion of the Court, sufficient doubt to merit such
reference.
(2) Where an application under subsection (1) has been granted
by the Court, compliance with the award in respect of which the
application has been granted shall be stayed pending the disposal
of the reference by the High Court, unless the Court otherwise
directs in respect of the whole or a part of the award.
(3) An application under this section shall be made within thirty
days of the date on which the award was made.
(4) Where a question has been referred to the High Court under
this section, the Court shall forward the record of its proceedings
to the Registrar of the High Court who shall thereupon appoint and
notify to the parties to the proceedings the time and place for its
hearing.
(5) The High Court shall hear and determine the question referred
to it under this section as if the reference were an appeal to the
High Court against the award of the Court, and may, consequently,
confirm, vary, substitute or quash the award, or make such other
order as it considers just or necessary.
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(6) A decision of the High Court under subsection (5) shall
have the same force and effect as an award of the Court has under
section 32, and may be enforced as if it were an award of the
Court.
(7) A decision of the High Court under subsection (5) shall be
final and conclusive, and no such decision shall be challenged,
appealed against, reviewed, quashed or called in question in any
other court or before any other authority, judicial or otherwise,
whatsoever.
Award, decision or order of the Court to be final and conclusive
33B. (1) Subject to this Act and section 33A, an award, decision
or order of the Court under this Act (including the decision of the
Court whether to grant or not to grant an application under
subsection 33A(1)) shall be final and conclusive, and shall not be
challenged, appealed against, reviewed, quashed or called in question
in any court.
(2) Subject to section 33A, no award of the Court for the
reinstatement or reemployment of a workman shall be subject to
any stay of proceedings by any court.
PART VIII
INVESTIGATION AND INQUIRY
Investigation and Inquiry into trade disputes
34.  Where any trade dispute exists or is apprehended, the Minister
may, without prejudice to Parts V and VII, appoint a Committee
of Investigation or a Board of Inquiry and may refer to the Committee
or Board any matter appearing to him to be connected with or
relevant to the dispute.
Committee
35. (1) A Committee may consist of one or more persons appointed
by the Minister.
(2) A Committee shall as soon as possible after its appointment,
investigate the causes and circumstances of any trade dispute or
matter referred to it and report thereon to the Minister.
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Board
36. (1) A Board may consist of a chairman and such other persons
as the Minister thinks fit or may consist of one person.
(2) A Board may act notwithstanding any vacancy in its number.
(3) The Minister may make rules regulating the procedure of
any Board, including rules as to the summoning and payment of
expenses of witnesses, quorum and calling for documents.
(4) A person may be represented in proceedings before a Board,
with the permission of the chairman, by any officer or employee
of a trade union of employers or workmen, or, notwithstanding
anything to the contrary contained in any written law relating to
the registration of trade unions, by any official of an organization
(not being a trade union) of employers or of workmen registered
in Malaysia, or by an advocate.
(5) A Board may, subject to the rules made under this section,
require any person to furnish, in writing or otherwise, such particulars
as the Board may require and to attend before the Board and give
evidence on oath or affirmation.
Reports
37. (1) A Board shall, either in public or in private at its discretion,
inquire into any matter referred to it and report thereon to the
Minister.
(2) A Board may, if it thinks fit, make interim reports.
(3) Any report of a Board shall be laid as soon as may be before
the Dewan Rakyat.
(4) The Minister may, whether before or after any such report
has been laid before the Dewan Rakyat, publish or cause to be
published from time to time, in such manner as he thinks fit, any
information obtained or conclusions arrived at by the Board as a
result or in the course of its inquiry:
Provided that there shall not be included in any report or publication
made or authorized by the Board or the Minister any information
obtained by the Board in the course of its inquiry as to any trade
union, business or organization which is not available otherwise
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than through evidence given at the inquiry, except with the consent
of the trade union, business or organization in question, nor shall
any individual member of the Board or any person concerned in
the inquiry, disclose any such information without such consent.
(5) Any member of a Board or other person concerned in any
i n q u i r y who discloses any information in contravention of
subsection (4) shall be guilty of an offence and shall, on conviction,
be liable to a fine not exceeding one thousand ringgit.
PART IX
TRADE DISPUTES, STRIKES AND LOCK-OUTS AND
MATTERS ARISING THEREFROM
Pupils not to take part in trade disputes
3 8 . ( 1 ) N o pupil as defined in the *Education Act 1961
[Act 43 of 1961], other than a lawful member of a trade union,
shall--
(a) do any act in contemplation or furtherance of a trade
dispute;
(b) instigate or incite any other person to take part in or
continue or to support by money or otherwise or to do
any other act in contemplation or furtherance of any
strike or lock-out; or
(c) take part in or be a member of any meeting or assembly
of more than five persons called for the purpose of
instigating or inciting any person to take part in or continue
or to support by money or otherwise or to do any other
act in contemplation or furtherance of any strike or lock-
out.
(2) The Minister of Education may, by notice in writing, require
the governors or managers of any school to expel any pupil convicted
or found guilty of an offence against this section and thereupon
the governors or managers shall expel the pupil or cause him to
be expelled accordingly.
*NOTE--The Education Act 1961 [Act 43 of 1961] has since been repealed by the Education Act
1996 [Act 550]see section 155 of Act 550.
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(3) A pupil who has been expelled from a school by the governors
or managers thereof in pursuance of a notice given under this
section shall not thereafter--
(a) enter the premises of the school; or
(b) become a pupil of any other school without the permission
of the Minister of Education.
Intimidation
39.  Any person who in furtherance of a trade dispute and with
a view to compelling any other person to abstain from doing or
to do any act which such other person has a legal right to do or
abstain from doing, wrongfully and without legal authority--
(a) uses violence to or intimidates such other person or any
member of his household, or injures his property;
(b) persistently follows such other person about from place
to place;
(c) hides any tool, clothes, or other property owned or used
by such other person, or deprives him of or hinders him
in the use thereof;
(d) watches or besets the house or other place where such
other person resides, or works, or carries on business, or
happens to be, or the approach to such house or place;
or
(e) follows such other person with two or more persons in
a disorderly manner in or through any street or road,
shall be guilty of an offence and shall, on conviction, be liable to
imprisonment for a term not exceeding one year, or to a fine not
exceeding one thousand ringgit, or to both.
Picketing
40. (1) Without prejudice to section 39, it shall be unlawful for
one or more persons acting on his or their behalf or on behalf of
a trade union or of an employer in furtherance of a trade dispute
to attend at or near any place:
Provided that it shall not be unlawful for one or more workmen
to attend at or near the place where the workman works and where
a trade dispute involving such workman exists only for the purpose
of peacefully--
(i) obtaining or communicating information; or
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(ii) persuading or inducing any workman to work or abstain
from working,
and subject to such attendance being not in such numbers or
otherwise in such manner as to be calculated--
(a) to intimidate any person;
(b) to obstruct the approach thereto or egress therefrom; or
(c) to lead to a breach of the peace.
(2) Any officer or employee of the trade union to which the
workmen referred to in the proviso to subsection (1) belong, may
be present with such workmen solely for the purpose of maintaining
good order and discipline and ensuring that such workmen comply
with the requirements of the said proviso.
(3) Any person who acts in contravention of subsection (1)
shall be guilty of an offence and shall, on conviction, be liable to
imprisonment for a term not exceeding one year, or to a fine not
exceeding one thousand ringgit, or to both.
Breach of contract liable to injure person or property
41.  Any person who wilfully and maliciously breaks a contract
of service or of hiring knowing or having reason to believe that
the probable consequences of his so doing, either alone or in
combination with others, will be to endanger human life or the
efficient operation of any public health service, or cause serious
bodily injury, or to expose valuable property whether real or personal
to destruction or serious damage, shall be guilty of an offence and
shall, on conviction, be liable to imprisonment for a term not
exceeding one year, or to a fine not exceeding one thousand ringgit,
or to both.
Conspiracy in trade disputes
42. (1) An agreement or combination by two or more persons do
or procure to be done any act in contemplation or furtherance of
a trade dispute between employers and workmen shall not be
punishable as a conspiracy if the act committed by one person
would not be punishable as a crime.
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41
(2) An act done in pursuance of an agreement or combination
by two or more persons, if done in contemplation or furtherance
of a trade dispute, shall not be actionable unless the act, if done
without any such agreement or combination, would be actionable.
(3) Nothing in this section shall exempt from punishment any
person guilty of a conspiracy for which a punishment is awarded
by any written law.
(4) Nothing in this section shall affect the law relating to riot,
unlawful assembly, breach of the peace, or sedition or any offence
against the Yang di-Pertuan Agong or any State Authority.
(5) A crime for the purposes of this section means an offence
for the commission of which the offender is liable, under the law
making the offence punishable, to be imprisoned either absolutely
or at the discretion of a court as an alternative to some other
punishment.
Restrictions on strikes and lock-outs in essential services
43. (1) No workman in any essential service shall go on strike--
(a) without giving to the employer notice of strike, within
forty-two days before striking;
(b) within twenty-one days of giving such notice; or
(c) before the expiry of the date of strike specified in any
such notice aforesaid.
( 2 ) N o employer carrying on any essential service shall
lock-out any of his workmen--
(a) without giving him notice of lock-out, within forty-two
days before locking out;
(b) within twenty-one days of giving such notice; or
(c) before the expiry of the date of lock-out specified in any
such notice as aforesaid.
(3) The notice referred to in subsections (1) and (2) shall be
given in such manner as may be prescribed.
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(4) Any employer who receives from any person employed by
him any notice referred to in subsection (1) or gives to any person
employed by him any notice referred to in subsection (2), shall
forthwith report to the Director General the particulars of the
notice received or given.
Prohibition of strikes and lock-outs
44.  No workman shall go on strike and no employer of any such
workman shall declare a lock-out--
(a) during the pendency of the proceedings of a Board of
Inquiry appointed by the Minister under Part VIII involving
such workman and employer and seven days after the
conclusion of such proceedings;
(b) after a trade dispute or matter involving such workman
and such employer has been referred to the Court and the
parties concerned have been notified of such reference;
(c) after the Yang di-Pertuan Agong or State Authority, in
the case of a trade dispute relating to any Government
service or the service of any statutory authority, has
withheld consent to the reference of the dispute to the
Court under subsection 26(2), and the parties concerned
have been notified thereof;
(d) in respect of any of the matters covered by a collective
agreement taken cognizance of by the Court in accordance
with section 16 or by an award; or
(e) in respect of any of the matters covered under
subsection 13(3).
Illegal strikes and lock-outs
45. (1) A strike or a lock-out shall be deemed to be illegal if--
(a) it is declared or commenced or continued in contravention
of section 43 or section 44 or of any provision of any
other written law; or
(b) it has any other object than the furtherance of a trade
dispute--
(i) between the workmen on strike and their employer;
or
(ii) between the employer who declared the lock-out
and his workmen.
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43
(2) A lock-out declared in consequence of an illegal strike or
strike declared in consequence of an illegal lock-out shall not be
deemed to be illegal.
Penalty for illegal strikes and lock-outs
46. (1) Any workman who commences, continues or otherwise
acts in furtherance of a strike which is illegal under this Act shall
be guilty of an offence and shall, on conviction, be liable to
imprisonment for a term not exceeding one year, or to a fine not
exceeding one thousand ringgit, or to both, and a further fine of
fifty ringgit for every day during which such offence may continue.
(2) Any employer who commences, continues or otherwise acts
in furtherance of a lock-out which is illegal under this Act shall
be guilty of an offence and shall, on conviction, be liable to
imprisonment for a term not exceeding one year, or to a fine not
exceeding one thousand ringgit, or to both, and a further fine of
fifty ringgit for every day during which such offence may continue.
Penalty for instigation
47.  Any person who instigates or incites others to take part in,
or otherwise acts in furtherance of, a strike or lock-out which is
illegal under this Act, or who instigates or incites others to withhold
their labour or services knowing or having reason to believe that
the probable consequences of such action will be to endanger
human life or the efficient operation of any public health service
or cause serious bodily injury or expose valuable property whether
real or personal to destruction or serious damage, shall be guilty
of an offence and shall, on conviction, be liable to imprisonment
for a term not exceeding one year or to a fine not exceeding one
thousand ringgit, or to both.
Penalty for giving financial aid to illegal strikes and lock-outs
48.  Any person who knowingly expends or applies any money
in direct furtherance or support of any illegal strike or lock-out
shall be guilty of an offence and shall, on conviction, be liable to
imprisonment for a term not exceeding six months, or to a fine not
exceeding five hundred ringgit, or to both.
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Protection of persons refusing to take part in illegal strikes or
lock-outs
49.  No person refusing to take part or to continue to take part
in any strike or lock-out which is by this Act declared to be illegal
shall be, by reason of such refusal or by reason of any action taken
by him under this section, subject to expulsion from any trade
union, or to any fine or penalty, or to the deprivation of any right
or benefit to which he or his legal personal representatives would
otherwise be entitled, or be liable to be placed in any respect either
directly or indirectly under any disability or at any disadvantage
as compared with other members of the union, anything to the
contrary in the rules of a trade union notwithstanding.
Offences seizable, and no bail to be granted
50. (1) Every offence under this Part shall be a seizable offence
for the purposes of any written law relating to criminal procedure.
(2) Notwithstanding any other written law, bail shall not be
granted to an accused person arrested for or charged with an
offence under this Part and in respect of whom the Public Prosecutor
certifies in writing that it is not in the public interest to grant bail
to such accused person.
Prosecution of offences under this Part
51. (1) A prosecution under this Part shall not be instituted except
by or with the consent of the Public Prosecutor:
Provided that a person charged with such an offence may be
arrested, or a warrant for his arrest may be issued and executed,
and any such person may be remanded in custody or on bail,
notwithstanding that the consent of the Public Prosecutor to the
institution of a prosecution for the offence has not been obtained,
but the case shall not be further prosecuted until that consent has
been obtained.
(2) When a person is brought before a court under this section
before the Public Prosecutor has consented to the prosecution the
charge shall be explained to him but he shall not be called upon
to plead, and of the written law relating to criminal procedure shall
be modified accordingly.
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45
PART X
MISCELLANEOUS
Application
52. (1) Parts II, III, IV, V and VI shall not apply to any Government
service or to any service of any statutory authority or to any
workman employed by Government or by any statutory authority.
(2) The provisions of this Act relating to trade dispute other
than subsection 26(2) and subsection 30(4) shall apply to any
matter referred to or brought to the notice of the Court under
this Act.
Appointment of public officer
53.  The Minister may appoint any public officer as he thinks fit
to exercise any power vested in him or to perform any duty imposed
on him under this Act.
Exclusion of evidence as to certain matters
54. (1) Where a trade dispute relates to matters as to which
negotiation or conciliation proceedings have taken place under
this Act, no evidence shall be given in the proceedings before the
Court as to such negotiation or conciliation proceedings other than
a written statement in relation thereto agreed to and signed by the
parties to the dispute.
(2) In a proceeding before the Court on a reference to the Court
under subsection 20(3), no evidence shall be given of any proceeding
before the Director General under subsection 20(2) other than a
written statement in relation thereto agreed to and signed by the
parties to the reference.
(3) No evidence shall be given in proceedings before the Court
with regard to any offer relating to any matter connected with the
trade dispute made without prejudice by any person or trade union
except with the consent of that person or trade union.
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Secrecy
55. (1) The Court may in any proceedings direct--
(a) that any information, book, paper, document or thing
tendered in evidence shall not be disclosed or published
in any newspaper or otherwise; and
(b) that any such evidence shall be taken in private and that
no person who is not expressly permitted by the Court
to be present shall be present during the taking of that
evidence.
(2) Any person who discloses or publishes any information,
book, paper, document or thing in contravention of this section
shall be guilty of an offence and shall, on conviction, be liable to
imprisonment for a term not exceeding one year or to a fine not
exceeding one thousand ringgit or to both.
Non-compliance with award or collective agreement
56. (1) Any complaint that any term of any award or of any
collective agreement which has been taken cognizance of by the
Court has not been complied with may be lodged with the Court
in writing by any trade union or person bound by such award or
agreement.
(2) The Court may, upon receipt of the complaint,--
(a) make an order directing any party--
(i) to comply with any term of the award or collective
agreement; or
(ii) to cease or desist from doing any act in contravention
of any term of the award or collective agreement;
(b) make such order as it deems fit to make proper rectification
or restitution for any contravention of any term of such
award or collective agreement; or
(c) make such order as it considers desirable to vary or set
aside upon special circumstances any term of the award
or collective agreement.
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47
(3) Any person who fails to comply with an order of the Court
under subsection (2) shall be guilty of an offence and shall, on
conviction, be liable to a fine not exceeding two thousand ringgit,
or to imprisonment for a term not exceeding one year, or to both,
and a further fine of five hundred ringgit for every day during
which such offence continues.
(4) Where any sum of money is payable by any person, or,
where anything, other than the payment of money is required to
be done or not to be done by any person by virtue of an order made
by the Court under subsection (2), and such order has not been
complied with by the person to whom it is addressed, the Registrar
of the Court may send a certified copy thereof to the Senior
Assistant Registrar of the High Court or the Registrar of the Sessions
Court having jurisdiction in the place to which the order relates
or in the place where the order was made and the said Senior
Assistant Registrar or Registrar, as the case may be, shall cause
the said copy to be recorded and thereupon the said order shall for
all purposes be enforceable as a judgment of the High Court or
the Sessions Court, as the case may be, in accordance with such
rules of court as may be applicable or in such manner as it may
deem just or expedient:
Provided that no sale of immovable property shall, for the purposes
of such enforcement, be ordered except by the High Court.
57. (Deleted by Act A484).
Contempt
58. (1) Where any such offence as is described in section 174,
175, 176, 177, 178, 179, 181 or 228 of the Penal Code is committed
in the view or presence of the Court, or where any person misbehaves
himself in Court, the Court may cause the offender to be detained
in custody or direct any police officer or public officer to remove
such offender from the Court.
(2) At any time before rising on the same day, the Court may
take cognizance of any such offence or misbehaviour, and punish
the offender with a fine not exceeding one hundred ringgit, or, in
default of payment of such fine, with imprisonment for a term not
exceeding one month, unless such fine is sooner paid.
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(3) In every such case the Court shall record the facts constituting
the offence, the statement, if any, made by the offender, and the
finding and sentence.
(4) The Court dealing with an offender under this section may
discharge the offender or remit the punishment on his submission
to the order of the Court or on his making an apology to the
satisfaction of the Court.
(5) No appeal shall lie from the decision of the Court under this
section.
(6) In this section the expression "Court" includes any Board
appointed under Part VIII.
Injuring a workman on account of certain acts
59. (1) Subject to subsection 5(2), it shall be an offence to dismiss
a workman or injure or threaten to injure him in his employment
or alter or threaten to alter his position to his prejudice, by reason
of the circumstances that the workman--
(a) is, or proposes to become, an officer or member of a
trade union or of an association that has applied to be
registered as a trade union;
(b) is entitled to the benefit of a collective agreement or an
award;
(c) has appeared or proposes to appear as a witness, or has
given or proposes to give any evidence in any proceeding
under this Act;
(d) being a member of a trade union which is seeking to
improve working conditions, is dissatisfied with such
working conditions;
(e) is a member of a trade union which has served an invitation
under section 13 or which is a party to negotiations under
this Act or to a trade dispute which has been reported to
the Director General in accordance with Part V or Part
VII.
(f) has absented himself from work without leave for the
purpose of carrying out his duties or exercising his rights
as an officer of a trade union where he applied for leave
in accordance with section 6 before he absented himself
and leave was unreasonably deferred or withheld; or
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49
(g) being a member of a panel appointed under section 21
has absented himself from work for the purpose of
performing his functions and duties as a member of the
Court and has notified the employer before he absented
himself.
(2) An employer who contravenes any of the provisions of
subsection (1) shall be guilty of an offence and shall be liable, on
conviction, to imprisonment for a term not exceeding one year or
to a fine not exceeding two thousand ringgit or to both.
(3) Where an employer has been convicted of an offence
punishable under subsection (2) the court by which the employer
is convicted may order the employer to pay the workman the
amount of any wages lost by him and also, where appropriate,
direct the employer to reinstate the workman in his former position
or a similar position.
(4) Where an amount ordered to be paid under subsection (3)
is not paid in accordance with the order, the amount or so much
thereof as remains unpaid shall be recoverable as if it were a fine,
notwithstanding that the said amount may be in excess of the
ordinary jurisdiction of the court, and the amount so recovered
shall be paid to the workman entitled under the order.
(5) Any employer who fails to comply with a direction given
under subsection (3) shall be guilty of an offence and shall be
liable, on conviction, to imprisonment for a term not exceeding
two years or to a fine not exceeding five thousand ringgit or to
both.
General penalties
60. (1) Any person who contravenes--
(a) any provision of this Act;
(b) any summons, order or direction given or made under
this Act,
shall be guilty of an offence and shall, on conviction, where no
express penalty is provided, be liable to imprisonment for a term
not exceeding two years or to a fine not exceeding five thousand
ringgit or to both:
Provided that no contravention of any provision of Parts II, III
(other than sections 9 and 10) or IV (other than subsection 13(8)
and subsection 16(1)) shall be deemed to be an offence punishable
under this section.
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(2) Any person who attempts to commit any offence punishable
under this Act, or abets the commission of such offence, shall be
punished with the punishment provided for that offence.
Schedule
61.  The Minister may from time to time add to, vary or alter the
Schedule by notification in the Gazette.
Regulations
62.  The Minister may make regulations for the purpose of carrying
out or giving effect to this Act and in particular without prejudice
to the generality of the foregoing, the regulations may--
(a) prescribe fees to be charged in respect of all proceedings
under this Act;
(b) authorize the making of orders with respect to the costs
and expenses including the expenses of witnesses of
proceedings before the Court or Board;
(c) prescribe allowances payable to members of the Court,
a Committee or a Board;
(d) provide for the exhibiting of any of the terms of an order
or award on the premises of an employer bound by the
order or award;
(e) provide for the manner in which and the person by and
to whom notice of strike or lock-out may be given, and
the manner in which such notices shall be communicated;
(f) regulate the procedure and proceedings of the Court; and
(g) provide for anything which may be prescribed under this
Act.
Repeal and Savings
The following written laws are hereby repealed.
63.
No.
Short Title
F. of M. 37 of 1948
Industrial Courts Ordinance 1948.
G.N. 2569/1941
Industrial Courts and Court of Inquiry Rules 1941.
F. of M. 4 of 1949
Trade Disputes Ordinance 1949.
Industrial Relations
51
No.
Short Title
L.N. 421/1951
Trade Disputes (Notice) Regulations 1951.
L.N. 355/1965
Essential (Trade Disputes in the Essential Services)
Regulations 1965.
P.U. 94/1967
Modification of Laws (Trade Disputes) (Extension
to Borneo States) Order 1967.
P.U. 95/1967
Modification of Laws (Industrial Courts)
(Modification and Extension to Borneo States)
Order 1967.
Provided--
(a) all proceedings, acts and awards commenced, done or
made under the written laws hereby repealed shall have
effect for all purposes as if these proceedings, acts or
awards were commenced, done or made under this Act
and as if this Act had then been in force;
(b) the Court or Tribunal before which the proceedings were
commenced shall continue in existence and the terms of
appointment of all members thereof, including the President
and the Chairman, shall be deemed to have been extended
until the final disposal of the subject matter of the
proceedings and that any vacancies in the Court or Tribunal
shall be filled in accordance with this Act as if the Court
or Tribunal had been appointed under this Act;
(c) all agreements deposited under any written law repealed
shall be deemed to be collective agreements deposited
with and taken cognizance of by the Court under this
Act.
SCHEDULE
ESSENTIAL SERVICES
[Section 2]
1.
Banking services.
2.
Electricity services.
3.
Fire services.
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ACT 177
4.
Port, dock, harbour and airport services and undertakings, including
stevedoring, lighterage, cargo handling, pilotage and storing or bulking
of commodities.
5.
Postal services.
6.
Prison services.
7.
Production, refining, storage, supply and distribution of fuel and lubricants.
8.
Public health services.
8A.
Public waste management services.
9.
Radio communication services, including broadcasting and television
services.
10.
Telegraph, telephone and telecommunication services.
11.
Transport services by land, water or air.
12.
Water services.
13.
Any service provided by any of the following Departments of Government:
(i) Chemistry.
(ii) Civil Aviation.
(iii) Customs and Excise.
(iv) Immigration.
(v) Marine.
(vi) Meteorology.
(vii) Printing.
14.
Services which are connected with, or related to, or which assist towards,
the maintenance and functioning of the armed forces and the Royal
Malaysian Police Force.
15.
Businesses and industries which are connected with the defence and
security of Malaysia.
16.
Any section of any service, on the working of which the safety of the
employees therein or of the establishment relating thereto depends.
Industries declared by the Minister by notification in the Gazette as
17.
industries essential to the economy of Malaysia.
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53
LAWS OF MALAYSIA
Act 177
INDUSTRIAL RELATIONS ACT 1967
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act A484
Industrial Relations
30-05-1980;
(Amendment) Act 1980
except
s. 9: 15-09-1980,
P.U. (B) 452/1980
Act A718
Industrial Relations
10-02-1989
(Amendment) Act 1989
Act A779
Industrial Relations
15-11-1990
(Amendment) Act 1990
P.U. (A) 489/1999
Essential Services Schedule
01-12-1999
(Amendment) Notification 1999
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ACT 177
LAWS OF MALAYSIA
Act 177
INDUSTRIAL RELATIONS ACT 1967
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
Act A484
30-05-1980
Act A718
10-02-1989
2A
Act A484
30-05-1980
5
Act A484
30-05-1980
8
Act A484
30-05-1980
8A
Act A484
30-05-1980
P.U. (A) 489/1999
01-12-1999
9
Act A484
30-05-1980
10
Act A484
30-05-1980
11
Act A484
30-05-1980
12
Act A484
30-05-1980
Act A718
10-02-1989
13
Act A484
30-05-1980
14
Act A484
30-05-1980
Act A718
10-02-1989
Act A779
15-11-1990
15
Act A718
10-02-1989
18
Act A484
30-05-1980
Act A718
10-02-1989
19
Act A484
30-05-1980
19B
Act A484
30-05-1980
20
Act A484
30-05-1980
Act A718
10-02-1989
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55
Section
Amending authority
In force from
21
Act A484
30-05-1980
Act A718
10-02-1989
22
Act A718
10-02-1989
23
Act A718
10-02-1989
23A
Act A718
10-02-1989
25
Act A484
30-05-1980
Act A718
10-02-1989
26
Act A484
30-05-1980
Act A718
10-02-1989
27
Act A484
30-05-1980
Act A718
10-02-1989
Act A779
15-11-1990
29
Act A718
10-02-1989
30
Act A484
30-05-1980
Act A718
10-02-1989
31
Act A484
30-05-1980
32
Act A484
30-05-1980
33
Act A718
10-02-1989
33B
Act A484
30-05-1980
36
Act A484
30-05-1980
37
Act A484
30-05-1980
40
Act A484
30-05-1980
43
Act A484
30-05-1980
44
Act A484
30-05-1980
45
Act A484
30-05-1980
50
Act A484
30-05-1980
52
Act A484
30-05-1980
56
Act A484
30-05-1980
Act A718
10-02-1989
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Laws of Malaysia
ACT 177
Section
Amending authority
In force from
57
Act A484
30-05-1980
59
Act A484
30-05-1980
60
Act A484
30-05-1980
Schedule
Act A718
10-02-1989
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA