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CHAPTER 10

RIGHTS AND DISCIPLINE

1. What is right?-The right is something that belongs to someone. Faridahwati . M.S & et al (2006)

2. Explain the rights and responsibilities of workers.

Workers have the right to receive salary or wages for the efforts that have been attributed to

her, but workers also have a responsibility to the organization in carrying out the work

entrusted to him.

3. State the purpose of the Employment Act 1955 and the Trade Unions Act 1957 enacted.

-The purpose of these acts was enacted to ensure that workers are given fair treatment by

employers.

4. Specify the content of employment contracts in general.

-Employment contract containing the terms and conditions of employment and workers'

rights, including wages, hours worked, benefits received. The contract also can not restrict the

rights of workers to enter, participate or establish trade unions.

Faridahwati . M.S & et al (2006)


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5. Define the rights of employers.

- The right of employers, also known as the prerogative of management, which means the

employer or the management, reserves the right to make any actions or decisions on the

operations of the company or organization.

6. Specify the type of termination of contract.

i) Personal reasons which workers migrate to other places, like the self-employed or want to

work with other organizations.

ii) The reasons have to be workers who are forced to terminate his contract of service, such as

retirement, reduction in workforce due to downsizing of the organization, and dismissal due to

misconduct. Faridahwati . M.S & et al (2006)

7. State the purpose of giving notice to the employer.

-The purpose of the notice is to give employers time to find a suitable replacement or

arranging work schedules other.

8. Describe the period of notice to the employer if an employee wishes to resign due to

personal reasons.

Workers must give notice at least four weeks in advance to the employer if he worked less

than 2 years, or six weeks notice if he had been working for 2 years or more but less than 5

years, or 8 weeks notice if he had worked for 5 years or more.


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9. Describe the retirement age.

No law-has age retirement among public sector employees is set at the age of 56, 56, 58

years old too many of the private sector to adopt the retirement age limit if service contract

clearly says retirement age, the employer has the right for employees to retire once they reach

that age. Faridahwati . M.S & et al (2006)

10. Explain the reduction in workforce.

-The employer has the right to reduce the workforce for reasons such as mergers, losses,

bankruptcies and the use of new technology. The methods used by employers is to freeze all

vacant positions and not hiring to replace employees who have retired, and the voluntary

retirement scheme offered to employees by providing attractive financial remuneration.

11. Define the dismissal.

-Expulsion means the actions taken by employers to terminate employees due to certain

reasons that allow the termination is made.

12. Explain about unfair dismissal.

Unfairdismissal accrues when an employer deliberately difficult working condition in an

effort to persuade or compel employees to quit his job as a monthly salary cut for no reason

.when the employee is not resistant .worker will take the decision to quit.


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13. What is the purpose of discipline?

Discipline means one-on training to enforce the rules of the organization.


14. Give the meaning of misconduct.

-Improper conduct means conduct that is inconsistent with the fulfillment of conditions of

service, including express and implied misconduct large and small.


15. State examples of misconduct and minor misconduct great.

- Persistent small is small and not serious offense of late and is not timely, damage to

company property, violation of safety rules, do not wear uniforms provided by the company,

smoking in the big mistake are joining the strike, taking or giving bribes , falsifying company

records, and drunk while at work.

16. Describe the disciplinary procedure.

-Disciplinary procedures must be in writing and proceedings shall be conducted in accordance

with the rules of justice.

Workers should be informed in writing of such misconduct.

-State who has the power to take any form of disciplinary action.


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Full and fast-consideration by the employer against the relevant facts.

-Provide opportunities for employees to state his case and the right to union represented

employees.

Cases of less serious offenses, a warning by the immediate superior.

-Cases of serious offenses, warning official in writing stating the circumstances and may be

subject to disciplinary action.

-Allocating the right to appeal against a disciplinary action to higher management not

previously involved. Faridahwati . M.S & et al (2006)

17. State the purpose of the domestic inquiry.

-The purpose of the domestic inquiry was to identify and verify the misconduct committed by

pekerja.hal include the search for truth, confirming the truth, decided to leave to support

allegations, determine who commits misconduct, taking into account the mitigation factors,

and recommending the appropriate punishment.

18. State two important elements of natural justice.

-No person shall be a judge to achieve his own goals.

-No person that is punishable by without being heard.

19. State what should be done by the organization to ensure that disciplinary procedures and

policies are implemented effectively?

-To train supervisors about when and how disciplinary action is required.

-Any disciplinary action should be referred to the past and see the case taken by the heads of


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other departments within the organization.

-Documentation in which all steps in the disciplinary procedure should be recorded for

reference and to make it easier to defend themselves if any disciplinary cases taken to court.

-Disciplinary action should be taken immediately and an investigation is necessary.

-Disciplinary action should be free from prejudice and from the personal element is affected.


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SUMMARY CHAPTER 11

INDUSTRIAL RELATIONS

1. Definition of Industrial Relations- Communication is the industry refers to the relationship between employers and

unionized employees or trade unions. Faridahwati . M.S & et al (2006)

2. Importance of Industrial Relations

i) One important aspect of Human Resource Management.

ii) To build a harmonious relationship between employers and employees.

iii) To ensure that employees receive the justice and prevent conflicts in the organization.

3. Industrial Relations System in Pakistan

- Involving the three main parties, namely employers, the workers, and the government. This

system is known as three-party system.

- The trade union action to safeguard the welfare of its members.

- The employer is also acting to protect the interests of stakeholders such as shareholders in

the organization.

- The government is responsible for formulating policies and regulations to ensure

harmonious industrial relations.


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4. Unions

- Under Section 2 of the Trade Unions Act 1959, the trade union is defined as any employee

organization or a combination of their work is in Peninsular Malaysia, Sabah or Sarawak, or a

combination of employers who hired workers at their work places in Peninsular Malaysia,

Sabah or Sarawak in any trade, occupation or a similar company and whether temporary or

permanent.

5. Function of Trade Unions

i) Trade unions function as a protection to their members through collective strength.

ii) Trade unions can also act as a controller for the economy as trade unions try to maximize

the rate of wages or salaries, and ensure that the contract offers the best service to all its

members.

iii) The unions are also acting to provide support and assistance to its members. The unions

provide advice and counseling to their members. There are benefits received from joining a

trade union other than the protection for work-related matters. Among them is the insurance

services, mortgage and personal loans.

iv) In addition to dealing with the employer to reclaim the rights and interests of members,

trade unions are also dealing directly with the government. At this stage, the trade unions are

usually discussed with the government on employment policy to be introduced or are being

implemented by the government. Here, the union acts as an input to the government as

representing the workers about their views do not abandon the government's policy for


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members. Faridahwati . M.S & et al (2006)

6. Collective Consultation

- Trade unions must be registered under the Registrar of Trade Unions prior to representing

the members or employees. Once registered trade union, management will usually recognize it

as a formal body representing the workers.

- Recognition from management to enable the union to negotiate with the employer to

determine the terms and conditions of employment. Collective bargaining process is known as

collective bargaining.

- It refers to the process of negotiation between employers and workers about the conditions

and terms of service.

- Issues to be discussed must be agreed to in advance by the management, union

representatives and union members.

- Collective bargaining process allows the employees to make requests or demands that can

improve the conditions of existing jobs.

- Four key issues are often negotiated in collective bargaining, the wages or benefits, working

hours, terms and conditions of employment and grievances.

- The process of collective bargaining

i) be prepared to negotiate

ii) Develop a negotiation strategy

iii) Conduct negotiations

IV) Signing of collective agreement



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7. Grievances

- A grievance occurs when an employee filed a complaint against an employer because of the

injustice done to them.

- Factors that may create grievances among the workers is:

i) The employer ignores the promotion of worker rights should be promoted

ii) The employer failed to appreciate the excellent work performed by employees

iii) The employer provides the instructions without explaining why the order should be

implemented

iv) The employer ignores the differences of religious backgrounds, cultures, and nations of the

workers

v) The employer ignores efforts to improve working conditions


8. Company Disputes

- Section 2 of the Industrial Relations Act 1967, the trade dispute is defined as "any dispute

between employers and employees in connection with the employment and not employment

or conditions of employment of any employee."

- There are two exceptions that cause an individual grievance can not be represented by a

trade union, namely:

i) If an employee makes a complaint on the alleged interference by employers against

workers' rights to join or not join the union, he may make a complaint directly to the Director

General of Industrial Relations.


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ii) If an employee complains that her employer had unfairly throw, he can report to the

Department of Industrial Relations and request that the employer return the first position.

9. Corporate Actions

- Action the company refers to actions performed by the trade unions or employers.

- There are two industrial action by workers who are allowed by the laws of the picket and

strike.

i) Picket

It is the first industrial action by workers.

The main goal of the picket is to inform the public and other employees of industrial disputes

faced by the workers involved.

Picket action can not scare anyone, and can not block the entrance and exit from the

organization. It needs to be done safely.

ii) Strike

it is an act of dismissal by a group of employees and a deliberate attempt to limit or delay the

production process. Ab Aziz Yusof (2002).

There are two types of strikes namely:

*Strikes are related to collective bargaining.

If the employer is not willing to provide collective bargaining or no progress

during negotiations collective

*Strikes are not related to collective bargaining.

The factors that cause this strike is a cessation and reduction among workers,

promotion, distribution and exchange of staff duties.


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10. Action Employer

- This action is in blocking out or closes the door, and the employer is entitled to take action if

necessary.

- This occurs when the employer does not allow employees to work to end the dispute

between the two sides.

- Normally, the employer will hire substitutes to replace striking workers.

Ab Aziz Yusof (2002).

11. Dispute Resolution Company

- Any trade disputes that occur between employers and employees must be solved.

- There are four methods to solve trade disputes, namely:

i) Negotiations continue

The most suitable method

The unions and employers on a voluntary basis to meet and discuss dispute .

Do until agreement is reached between both sides.

Do not involve the intervention of outside parties.

ii) Composition

Resolution of disputes with the help of a neutral third party.

Officers from the Department of Industrial Relations Consultancy Company will conduct the

settlement process.

iii) Intermediate

-Involve a third party.


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-The third party as mediator ormediators can not be composed of government employees.

-Intermediaries must be fair and impartial to any party involved in the dispute.

iv) The arbitrator

Third parties will be given the power to resolve such disputes by examining information on

both sides.

Third parties will consider the courts in resolving disputes without bias of any party.

In Australia, the Industrial Court acts as an arbitrator in resolving trade disputes.



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CHAPTER 12

OCCUPATIONAL HEALTH AND SAFETY

Definition:

Occupational health and safety is a discipline with a broad scope involving many specialized

fields. In its broadest sense, it should aim at:

the promotion and maintenance of the highest degree of physical, mental and social well-

being of workers in all occupations;

the prevention among workers of adverse effects on health caused by their workingconditions;

the protection of workers in their employment from risks resulting from factors adverseto health;

the placing and maintenance of workers in an occupational environment adapted tophysical and mental needs;

The adaptation of work to humans. Overall, efforts in occupational health and safety must aim to prevent industrial accidents

and diseases, and at the same time recognize the connection between worker health and

safety, the workplace, and the environment outside the workplace. Byars & Rue. (2008)

Occupational health issues are often given less attention than occupational safety issues because

the former are generally more difficult to confront. However, when health is addressed, so is

safety, because a healthy workplace is by definition also a safe workplace? The converse,

though, may not be true - a so-called safe workplace is not necessarily also a healthy workplace.


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The important point is that issues of both health and safety must be addressed in every

workplace. By and large, the definition of occupational health and safety given above

encompasses both health and safety in their broadest contexts. Byars & Rue. (2008)

The important of OSHA

Work plays a central role in people's lives, since most workers spend at least eight hours a day in

the workplace, whether it is on a plantation, in an office, factory, etc. Therefore, work

environments should be safe and healthy. Yet this is not the case for many workers. Every day

workers all over the world are faced with a multitude of health hazards, such as:

dusts; gases; noise; vibration;

Extreme temperatures.

Unfortunately some employers assume little responsibility for the protection of workers' health

and safety. In fact, some employers do not even know that they have the moral and often legal

responsibility to protect workers. As a result of the hazards and a lack of attention given to health

and safety, work-related accidents and diseases are common in all parts of the world.


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Accidents

In general, health and safety in the workplace has improved in most industrialized countries over

the past 20 to 30 years. However, the situation in developing countries is relatively unclear

largely because of inadequate accident and disease recognition, record-keeping and reporting

mechanisms.

It is estimated that at least 250 million occupational accidents occur every year worldwide.

335,000 of these accidents are fatal (result in death). (Since many countries do not have accurate

record-keeping and reporting mechanisms, it can be assumed that the real figures are much

higher than this.) The number of fatal accidents is much higher in developing countries than in

industrialized ones. This difference is primarily due to better health and safety programmed

improved first-aid and medical facilities in the industrialized countries, and to active

participation of workers in the decision-making process on health and safety issues. Some of the

industries with the highest risk of accidents worldwide are: mining, agriculture, including

forestry and logging, and construction.

Identifying the cause of an accident

In some cases, the cause of an industrial injury is easy to identify. However, very often there is a

hidden chain of events behind the accident which led up to the injury. For example, accidents are

often indirectly caused by negligence on the part of the employer who may not have provided

adequate worker training, or a supplier who gave the wrong information about a product, etc.

The consistently high fatal accident rates in developing countries emphasize the need for

occupational health and safety education programmers that focus on prevention. It is equally


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important to promote the development of occupational health services, including the training of

doctors to recognize work-related diseases in the early stages.

Hazards

There are an unlimited number of hazards that can be found in almost any workplace. There are

obvious unsafe working conditions, such as unguarded machinery, slippery floors or inadequate

fire precautions, but there are also a number of categories of insidious hazards (that is, those

hazards that are dangerous but which may not be obvious) including:

chemical hazards, arising from liquids, solids, dusts, fumes, vapors and gases; physical hazards, such as noise, vibration, unsatisfactory lighting, radiation and extreme

temperatures;

biological hazards, such as bacteria, viruses, infectious waste and infestations; psychological hazards resulting from stress and strain;

Hazards associated with the non-application of ergonomic principles, for example badly

designed machinery, mechanical devices and tools used by workers, improper seating and

workstation design, or poorly designed work practices. Byars & Rue. (2008)

Most workers are faced with a combination of these hazards at work. For example, it is not

difficult to imagine a workplace where you are exposed to chemicals, unguarded and noisy

machines, hot temperatures, slippery floors, etc. all at the same time. Think about your own

workplace. Are there various hazards there that you can think of?


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Workers do not create hazards - in many cases the hazards are built into the workplace. The trade

union position on occupational health and safety is to ensure that work is made safer by

modifying the workplace and any unsafe work processes. This means that the solution is to

removethehazards, not to try to get workers to adapt to unsafe conditions. Requiring workers to

wear protective clothing which may not be suited or designed for the climate of your region is an

example of forcing workers to try to adapt themselves to unsafe conditions, which is also shifting

the responsibility from management to the worker.

It is important for unions to maintain this position because many employers blame workers when

there is an accident, claiming that the workers were careless. This attitude implies that work can

be made safer if workers change their behavior or if employers only hire workers who never

make mistakes. Everyone makes mistakesit is human nature, but workers should not pay for

mistakes with their lives. Accidents do not stop simply by making workers more safety

conscious. Safety awareness may help but it does not remove unsafe work processes or

conditions. The most effective accident and disease prevention begins when work processes are

still in the design stage, when safe conditions can be built into the work process.

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