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WHAT ARE THE CASES THAT I CAN REFER TO INDUSTRIAL RELATIONS ?

You may refer any trade disputes, unfair labour practices or trade union activities to the Industrial Relations Department such as unlawful and constructive dismissal, retrenchment, transfer, promotion, unilateral change in terms and conditions of service and victimization in connection with trade union activities.

Constructive dismissal refers to a situation where you as an employee being dissatisfied with the manner in which you are being treated by your employer such as where there is an unilateral change in the terms and conditions of service, you tender your letter of resignation and pleads that you has been constructively dismissed.

Part X, section 59 of the Industrial Act 1967 makes it an offense to dismiss a workman or employee or injure or threaten to injure a workman or employee during employment or alter or threaten to alter the position of the workman or employee to prejudice under certain circumstances.

An employer contravening to the above section is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding RM2,000 or to both.

Any complaint of contravention of any of the above may be lodged in writing to the Director General of Industrial Relations Department.

HOW DO I LODGE A COMPLAINT TO THE INDUSTRIAL RELATIONS ?

Before you make a formal complaint to the Industrial Relations Department, you should try to resolve the dispute by direct negotiation.

In the event of a unresolved conflict, either party - employer or employee - may then report the dispute to the nearest Industrial Relations Department at your area upon which conciliation proceedings may be initiated. You do not have to pay any fees.

Conciliation has always been the most effective method of resolving disputes.

The process of conciliation involves a number of meetings conducted either separately or jointly.

Where the matter is not resolved through conciliation the dispute is then referred to the Minister of Human Resources who will exercise his discretionary powers to refer the dispute to the Industrial Court or otherwise.

When a reference is made to Industrial Court, the court will hear, decide and hand down awards relating to trade disputes referred to it. An award can be in lieu awards proper compensation or reinstatement of the employee to his former position.