indus relation

RAFFLES EDUCATION GROUPKuala Lumpur w Petaling Jaya w Penang w Singapore w Jakarta w

Bangkok w Beijing w London w New-York

OLYMPIA BUSINESS SCHOOL

Advanced Diploma In Business Administration

FILO-TEXT

INDUSTRIAL RELATIONSOctober, 1998

School Of Business & Marketing Industrial Relations

Olympia Business School Page 2

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................................... 2

INTRODUCTION.......................................................................................................................................... 3

HOW TO USE THE FILO-TEXT?............................................................................................................... 4

ASSESSMENT............................................................................................................................................... 5

Individual Assignment.................................................................................................................................5Mid-term Examination.................................................................................................................................5Team Project...............................................................................................................................................5FINAL EXAMINATION....................................................................................................................................6

ATTENDANCE.............................................................................................................................................. 6

FEES............................................................................................................................................................... 6

CONTACT TIME.......................................................................................................................................... 7

Full-time.....................................................................................................................................................7Part-time.....................................................................................................................................................7

THE ACADEMIC TEAM ............................................................................................................................. 8

SUBJECT PLANNER.................................................................................................................................... 9

WEEK 1 ....................................................................................................................................................... 10

WEEK 2 ....................................................................................................................................................... 12

WEEK 3 ....................................................................................................................................................... 14

WEEK 4 ....................................................................................................................................................... 16

WEEK 5 ....................................................................................................................................................... 18

WEEK 6 ....................................................................................................................................................... 20

WEEK 7 ....................................................................................................................................................... 22

WEEK 8 ....................................................................................................................................................... 24

WEEK 9 ....................................................................................................................................................... 25

WEEK 10 ..................................................................................................................................................... 27

WEEK 11 ..................................................................................................................................................... 29

WEEK 12 ..................................................................................................................................................... 31



INTRODUCTION

THE SUBJECT INDUSTRIAL RELATIONS



HOW TO USE THE FILO-TEXT?

The Filo-text is a tool to guide in this subject. It provides you general information on thefollowing:

Assessment

Attendance

Fees

Contact time

The academic team

The academic planner

For every week, it then provides you with the following information:

The lecture

Topic

The objective(s) of the lecture

The textbook and the chapter(s) and page(s) related to the given topic

The other reference books available to you in the library

Additional reference material for your own research

The objective(s) of the tutorial

Questions to prepare for discussion during the tutorial

Questions for your personal assessment

Use the Filo-text to prepare yourself prior to the lecture, between the lecture and the tutorialand after the tutorial.



ASSESSMENT

Student assessment will be evaluated based on the following:

1) Individual Assignment 15 %

2) Mid-Term Examination 15 %

3) Team Project 20 %

4) Final Examination 50 %

Total 100 %

Individual Assignment

An individual assignment will be given to the student on week 2 and will have to be returnedno later than week 6. The marked assignment will be returned to the student by no later thanweek 8.

The assignment will be related to the topics covered between week 1 and week 4 inclusive.It will comprise a written report of no more than 1000 words.

Should the student fail to submit his/her assignment on week 6, the result will automaticallybe nil.

Mid-term Examination

A mid-term examination will be conducted during week 8. It will assess the studentsknowledge and understanding of the topics covered up to week 6.

The results, together with the answer scripts, will be returned to the students no later thanweek 10.

Should a student be absent without a valid apology, the result will automatically be nil.

Team Project

A specific team project will be assigned.

Any one of the team projects submitted for any one of the other subjects of the course will beassessed as a tool of Business Communication.



FINAL EXAMINATION

The final examination will be conducted week 13 or week 14 and its duration will be 3 hours.

Registration for the examination is open from week 3 onwards and will close as pernotification. Make sure you register on time. No late registration will be entertained.

The format of the examination is as follows:

Section A - Short Essay Questions 5 * 4 Points

Section B - Essay-type Questions Any 4 out of 6 *20 Points

Total 100 Points

ATTENDANCE

Attendance for both the lectures and the tutorials is compulsory. Any student not attending aclass should provide a medical certificate or a written justification (signed by a parent orguardian in the case of a full-time student). Should a student fail to do so, he / she will beconsidered truant.

Should a students attendance for a given subject be lower than 80%, he / she will not beallowed to sit for the final examination.

Punctuality is equally important. The lecturer is entitled to refuse entry into the classroom toany student who is late.

FEES

The registration fee is to be paid upon registration.

The course fee is paid either in full, per semester or by installments. For payments made infull, the payment is due before the first lecture. For payments made by semester, the paymentper semester is due on the first day of the semester. For monthly instalments, the first payment isdue on the first day of classes while the subsequent payments are due on the first day of eachsubsequent month.

Should any student have difficulty to pay his / her fees on time, he / she must meet with the(Deputy) Principal to arrange an alternative. Any student who has not settled his / her fees anddid not met with the (Deputy) Principal will not be allowed to attend classes or sit for anexamination.



CONTACT TIME

Full-time

The duration of the classes on 12 weeks. Contact time consists of 1 1/2 hours of lecture and 11/2 hours of tutorial per week.

Part-time

The duration of the classes is 12 weeks. Contact time consists of 1 hours of lecture perweek.

For each hour of contact, the student is expected to spend at least 2 hours of unsupervisedwork, be it individually or in-group.



THE ACADEMIC TEAM

At the beginning of the first lecture, please fill-in the following:

Your Lecturer is .

The lecture takes place on between and in

the room .

Your Tutor is .

The tutorial takes place on between and in

room .

The lecturer and tutor are always there to help you. You are advised to consult them on acontinuous basis.

Your Class Lecturer is .

Your Class Lecturer consultations take place on between and

in room .

The Lecturer-in-Charge of the School of Business & Marketing in your centre is

.

The (Deputy Principal is .



SUBJECT PLANNER

INDUSTRIAL RELATIONS

WEEK DATE TOPIC

1 An Overview of Malaysian Industrial Relations

2 The Employment Laws I

3 The Employment Laws II

4 The Law on Occupational Safety & Health

5 Trade Union I

6 Trade Union II

7 Collective Bargaining I

8 Mid Semester Examination

9 Collective Bargaining II

10 Trade Dispute & Industrial Actions

11 The Industrial Court

12 Industrial Discipline

FINAL EXAM



WEEK 1

Subject : An Overview Of Malaysian Industrial Relations

Objective :

Understanding what is Industrial Relations;

Describing the Industrial Relations System : Unilateral, Bilateral andTripartite system;

Identifying who needs to study Industrial Relations;

Realizing the influence of International bodies;

Government departments and agencies;

Industrial Court

Textbook(s): Chapter Page No.

Malaysian Employment Law and Industrial Relations byMaimunah Aminuddin, 2nd ed, 1990

1 1 - 15

Reference Books & Journals

1. Industrial Relations in Malaysia Law & Practice by Dunston Ayadurai, 2nd Edition 1996

2. Malaysian Newspaper



Tutorial Questions

1. How far would it be correct to argue that the incidents of industrial conflicts is dependent onthe presence of a positive legal framework assigned principally to regulate the actions ofemployers and trade unions.

2. Conflicts are not necessarily good or bad but must be evaluated in term of its individual andorganizational function and dysfunction. Discuss.

3. Suppose youre the HR Manager and are having the following problems. For each problem,which government agency would you turn to for assistance?

a) An employee complains that the union will not allow members to speak up at the localunions meeting.

b) The company and the union are deadlocked over the term of a new labour agreement.

Self Assessment Questions

1. Who are the parties involved in the industrial relations system?

2. Malaysia has a tripartite system of industrial relations. What does this mean?

3. What is the role of the Ministry of Human Resources in the industrial relations system?

4. List the major labour laws. What is the purpose of each? Which department of the Ministryof Human Resources is responsible for enforcing each of these laws?



WEEK 2

Subject : The Employment Laws I

Objectives :

Understanding the Malaysian Employment Act;

The Enforcement of Employment Act;

Describing the functions of Labour Court;

Determining the issues covered by the Employment Act;

Learning what is a Contract of service, Written and Oral Contracts;

Duration of the Employment Contract;



2 18 - 27






Tutorial Questions

1. Should industry conflict be regarded as inevitable in an industry society? Why?

2. What are the causes of industrial Conflicts?

3. Evaluate the Contribution of the Human Relations school to an understanding of industrialConflict.

4. Over - emphasis on strikes results in an inability to detect the symptoms of Conflict otherthan strike symptoms and inappropriate policy Prescriptions. Discuss.

5. Why are some industries more strike prone than others?


1. What is the main purpose for the existence of the Employment Act?

2. Which workers are protected by the Employment Act?

3. What are the main matters that can be settled by the Labour Court?

4. What is Contract of service?



WEEK 3

Subject : The Employment Laws II

Objectives :

Understanding the process of termination of contract, Notice;

Realizing Payment of Wages: Wage periods, Advances deductions, Truck system;

Explaining the employment of Women

Describing the Children and Young Persons Act, 1966



2 29 - 41






Tutorial Questions

1. An industrial relations Professor once stated: The Union business agent is the mostimportant member of your personnel department. Comment.

2. What is the proper role or first-line management in Contract administration? How can thefirst-line supervisor be made more effective in handling Grievance?

3. From the perspective of society, is there an argument to be made in favor of strikes? Is astrike ever in the publics best interests?

4. Why should governments be regarded as important party to any system of industrialrelations?

5. Explain the machinery, which the Federal Government has established for regulating theconditions of employment of its own employees?

6. Public service employment can never be fully depoloticised. Discuss the industrialrelations implications of this statement.


1) Explain the process of Contract termination.

2) Outline the termination benefits.

3) Describe the Children and Young Persons Act



WEEK 4

Subject : The Law on Occupational Safety and Health.

Objective :

Describing the Factories and Machinery Act 1967;

Identifying the Employees/Employers duties.

Understanding the:- Notification of Accident and Occupational Diseases;- Improvement and prohibition Notices;

Describing the:- Employees Social Security Act 1969;- Workmens Compensation Act 1952;

Textbook(s):

Chapter Page No

Malaysian Employment Law and Industrial RelationsMaimunah Aminuddin

3 43 - 55

Reference Books:

1. Industrial Relations in Malaysia Law & Practice by Dunston Ayadurai Second Edition 1996




Tutorial Questions

1. What are the reasons behind its (Occupational Health and Safety) becoming a moreprominent issue in the 1980s?

2. In 1979, Gunningham and Creighton wrote that for Unions Safety comes a good thirdbehind wages and the maintenance of employment, and such attention as it does get islargely concentrated on compensation rather than prevention:. Is this still an accurateassessment of Union priorities?

3. Do employees and their Unions have a role to play in promoting health and safety?



WEEK 5

Subject: Trade Union 1

Objectives:

Introduction to Union Movement;

Explaining the legal definition of trade union;

Find out why do workers join trade union?

Realizing the Trade Union objectives;

Illustrating the right to form and join a trade union;

Explaining the registration process of a trade union;

Textbook(s):

Chapter Page No

Malaysian Employment Law and Industrial RelationsMaimunah Aminuddin

4 57-76

Reference Books:

1. Industrial Relations in Malaysia Law & Practice Dunston Ayadurai Second Edition 1996




Tutorial Questions

1. In your own words, explain why Unions usually file the most grievance?

2. How are local and national unions effected by International Competition?

3. When an employee has a Complaint about a Management action in a unionized operation,how does he or she go about resolving us?

4. What factors have led to the formation of employer associations?

Self Assesment Questions

1. Why do workers join trade unions?

2. What are the main implications, which can be deduced from the legal definition of a tradeunion?

3. What actions can employers take to discourage their employees from joining a trade union?

4. Who can join a union? Who cannot join a union?

5. Comment on the strength of the trade union movement today?

6. Why do employers join unions?



WEEK 6

Subject: Trade Union II

Objectives: Identifying the Workers Unions; - Number of Unions; - Size of Union; - Types of Unions: In-house Union, National Union and Public

union;

Explaining the Employers Associations;

Describing the MTUC, its functions and objectives;

Explaining other trade union; - Malaysian Employers Federation functions and objectives; - Malaysia Labor Organization

Textbook(s):

Chapter(s) Pages

Malaysian Employment Law And Industrial RelationsMaimunah Aminuddin

4 77-96

Reference Book & Journals

1. Industrial Relations in Malaysia Law & Practice Dunston Ayadurai, Second Edition1996




Tutorial Questions

1. What factors unite and divide the employer associations?

2. Has there been any trend towards wider union involvement in social and political issues?

3. Has the government any real business in interfering with the internal decision makingprocess of trade union?

4. To what extent can government regulations be successful in guaranteeing democracy withinunions?


1. What is an in-house Union?

2. Outline the difference between National and Public Union.

3. What are the functions of the Malaysian Trade Union Congress?

4. Outline the Malaysian Employers Federation objectives.



WEEK 7

Subject: Collective Bargaining 1

Lecture Objectives:

Understanding what is a Collective Bargaining;

Find out the objectives in conducting a Collective Bargaining;

Describing the Union Bargaining Strength:- Recognition;- Financial strength;- Solidarity;

Explaining the recognition and de-recognition procedures;

Identifying the collective bargaining procedure and process;

Textbook(s):

Chapter Page No

Malaysian Employment Law and Industrial RelationMaimunah Aminuddin

5 99-111


1. Industrial Relations in Malaysia Law & Practice, Dunston Ayadurai Second Edition 1996




Tutorial Questions

1. GPL is a company employing between 100 and 200 skilled engineers and electricians backedby about twice as many unskilled and semi skilled workers in each of 4 major urban areas.

The head office employs about 300 clerks and threes a substantial transport section. Abouthalf the drivers and no craft workers are members of union called General Transport Unionand similar proportion of all the other workers are member of other union.

GPL has been growing fast. Its management has hitherto determined salaries and condition ofwork without actually involving union officials and although in the past, there have not beenany labour problems.

There have been a number of occasions in the last year or when a dispute has only just beenavoided.

Recently management was approached by General Trade Union official with a view toobtaining sole negotiating rights.

Assuming GPL grants sole negotiating to the GTU, youre required toa) Give 4 benefits, which may result from such representative system.b) Give 4 benefits of collective bargaining in such a situation.

2. Outline and explain unfair labour practiced by:a) Unions;b) Management.

3. Explain the main industrial actions that can be taken by a trade union.

4. What are guidelines for an effective negotiation?


1. What is a collective bargaining?

2. What are the different between unilateral and bilateral decision making?

3. Describe the step in the collective bargaining process?

4. What factors influence the outcome collective bargaining?



WEEK 8

MID SEMESTER EXAM



WEEK 9

Subject : Collective Bargaining I

Objective :

i Find out the characteristic of offective negotiators;- Communication skills;- collections of information;- Deciding objective, strategies and tactic;

i Understanding Collective Agreement;

i Identifying Items Commonly Found in Collective Agreement;

i Public Sector;

Textbook(s):

Chapter Page No


5 113 129






Tutorial Questions

1. Since labormanagement cooperation is important to the economic success of the businessand eventually to the union ability to negotiate wage gains and other benefits for members,what are some of the ways you could recommend improving labor management co- opera

2. Describe the major incidences of strike?

3. Assume your company has properly conducted compensation program. If severalemployees ask you why they receive different hourly pay rates even though they perform thesame job, how will respond?


1. What are the characteristics of an effective negotiators?

2. Describe the item commonly found in the collective agreements.

3. Why is the wage setting system in the sector public sector different from that in the privatesector?



WEEK 10

Subject : Trade Disputes and Industrial Action

Objective : iiUnderstanding the trade disputes;

iFind out the different between Picketing , strike;

iDescribing the industrial action could be taken by the employer;

iExplaining the settlement of trade disputes:- Direct negotiations;- Conciliation;- Arbitration

Textbook(s):

Chapter Page No


6 131 - 154






Tutorial Questions

1. Should all workers have the right to strike? (Consider special groups such as doctors,post office staff and banking employees)

2. The Union of Transport Employees (UTE) had for the last six months been negotiatingwith XYZ Bus Company on proposals for their third collective agreement. However,after five meetings the company refused to continue negotiations. Advise the unionrepresentatives what actions they might take to solve this problem. Make sure youinform them of the possible consequence of their actions.

3. What are the economic consequences of strike action?

4. In case of impending strike action by employees what preparations might an employermake?

Questions available for self-assessment:

1) What is a trade dispute and what causes such disputes?

2) List the types of industrial action that may be taken by workers

3) Are a picket and a demonstration the same?

4) What is a lock-out?

5) How can an employer continue production once a strike has been called?

6) Under what conditions would a strike be illegal?

7) What is the role of the Ministry of Human Resources in setting labor disputes?

8) Explain the difference between voluntary and compulsory arbitration.

9) What are the differences between conciliation and arbitration?



WEEK 11

Subject: The Industrial Court

Objectives:

Understanding the structure and proceedings of the Court, Awards of the Court;

Find out what is unfair dismissal claims;

Explaining the code of conduct for Industrial Harmony

Describing the cognizance of Collective Agreements.

Textbook(s):

Chapter Page No


7 155 - 176






Tutorial Questions

1. For a trade dispute that will be settled by Industrial Court to exist, the employer oremployee concerned must be represented by the union. However, there are two exceptionsto this rule. What are those exceptions?

2. Why has there been a recent trend towards co-operation between Union/Management?

3. Outline the Industrial actions that can be taken by Employers.

Questions for self-assessment:

1. What is the main purpose for having an arbitration system?

2. What is the main function of the Industrial Court?

3. Describe the structure of the Industrial Court?

4. Who can represent the parties during Court proceedings?

5. Can Court awards be appealed against?

6. Describe the type of cases the Court has the jurisdiction to hear.

7. What type of cases can be referred direct to the Court by the parties concerned?



WEEK 12

Subject: Industrial Discipline

Objectives:

Find out the importance of Disciplinary Action

Understanding the Disciplinary Actions, Disciplinary Action for Misconduct /Unsatisfactory Performance

Illustrating the Guidelines for an effective Disciplinary Action

Explaining Industrial court Award and unfair dismissal

Textbook(s):

Chapter Page No


8 177 - 193






Tutorial Questions

1. How do preventive and corrective disciplines differ?

2. Outline the steps involved in informal disciplinary Procedures for an organisation withunionised employee and show how the procedure would operate in a case of:

a) Persistent absenteeism

b) Theft of envelope from the organisations offices

3. The extreme hostility of American business to trade Unionism was responsible for thestates abandonment of its traditional laissez-faire policy in industrial relation. Commenton the accuracy of this statement.

4. Because of inadequate resources, Australian Trade Unions have been severelyhandicapped in their ability to provide adequate services for their members. Discuss.

5. To what extent have Unions developed a commitment to advancing the interests of workingwomen?

6. A Union business agent commented, I dont mind having my members getting disciplinedso long as management follows the procedures in administering discipline and gives themembers due process. However, Im not going to do their job. It serves neither my unionnor the company to have an Employer stop disciplining employees because managementdoesnt understand how to discipline.

What problems are created for the union when discipline is warranted?

Questions for self-assessment:

1. When do organisations need to take disciplinary action against employees?

2. List examples of misconduct which, in your opinion are serious enough to justify dismissal.

3. What is meant by progressive discipline?

4. What penalties can an employer use to punish an employee?

5. What is a domestic inquiry?

6. What is meant by natural justice?

7. What is constructive dismissal?

indus relation

Documents

table of contentstable

individual assignment

contact time

academic team

subject planner