You are on page 1of 4

QUESTION 1

a) Define the term trade disputes.


Trade dispute defined under the Trade Disputes Act, 1967 as a dispute between
employers and employees in connection with the employment or non-employment or
the terms and conditions of employment or conditions of employment. (Section 2 of
the Trade Disputes Act 1967).
b) Clarify any FIVE (5) factors that lead to the occurrence of trade dispute in an
organization.

QUESTION 4
a) Describe any TWO (2) elements that differentiate trade unions in public and
private sector industrial relations.
In Malaysia, there are two major differences between the trade unions representing
employees of the Malaysian Trade Union Congress or MTUC representing the private
sector and the Congress of Unions of Employees in the Public Service or CEUPACS
representing public sector employees.
The private sector, trade unions are divided into two types, namely a National Union
and Internal union. National Union is nature embraces all workers in trade, employment
and the same or similar industry. The larger the Union has a better structure like
branches on regional and local committees at the factory. The internal union is unity
composed of all employees in the work place may be. For example, the National Union
of Bank Employees (NUBE), the Trade Union of Telekom Employees (UTE), the
National Union of Plantation Workers (NUPW), the Transport Workers Union (TWU) and
others. NUPW is that many union members in Peninsular Malaysia.
Meanwhile, public sector unions are made up of government, statutory bodies and
local governments. According to the Trade Union Act, workers in the public sector can
only establish and join trade unions in the ministries, departments or similar jobs only.
Between unions in the public sector, which many members is the National Union of the
Teaching Profession (NUTP), Malayan Nurses Union (MNU, Malayan Technical
Services Union (MTSU) and etc.
All trade union activity is under the control of the Trade Unions Act 1959 and the
Industrial Relations Act of 1967. All trade unions must be recognized from its members
to represent them. Once the union is recognized as representing the workers, a
consultation will be established to discuss labor agreement or contract of employment
between employer representatives and workers' representatives. This means that both
parties are required by law to negotiate about wages, hours worked, and terms and
conditions of employment. This consultation is called collective bargaining.

b) Explain THREE (3) power of Director General Trade Union (DGTU) as stipulate
in TUA1959.
Power to Registration
According to TUA 1959 section 2, for forming and registration of a trade union, the
following steps should be completed. Any group of seven or more workers can form a
trade union providing they work in the same trade, occupation or industry and the
intended membership all work either in the private sector or all in the public sector. First,
once a decision is made to form a union within a month the application of registration
must be made. All unions are required to register with the Director-General of Trade
unions in order to operate legally. They must apply to the Director-General within 1
month of establishing a trade union (S.9) but they may ask for extension of 6 months.
The completed application form signed by at least seven members (S10). Moreover, the
application form must be accompanied by the required fees and printed copy of the
rules or constitution of the union. Furthermore, the application must include the name of
the union and its address. Moreover, the names, addresses and occupation of the
members who are making the application along with the unions officers should be
mentioned on the application. Finally, Director-General may require other information
such as a copy of the MOI meeting of the workers who wish to establish the union or
etc. Due to TUA 1959, Section 2, the most important criteria for a union to be registered
is that its intended members must come from the same or similar trade, occupation or
industry.
Power to refuse to register
According to TUA 1959 section 12, the registration process of trade unions is not
automatic process and Director-General of Trade Unions may refuse registration if any
of the unions objectives are unlawful or if any part of the constitution of the union
conflicts with the TUA. Moreover, if the name of the union is undesirable or identical to
another union already existing or if the name is deceiving or if the union is seems to be
used for unlawful purposes Director-General has the discretion to refuse the application
of registration. Furthermore, He can refuse to register a union if he is not satisfied that

the union has complied with the TUA or its regulations. The Director-General of Trade
Unions has very wide powers in respect of registration of trade unions. Section 12 of the
Trade Unions Act allows the Director General to refuse to register a particular trade
union. He shall refuse to register a trade union even if it has complied with all
requirements of S.2 if he is satisfied that there is already another trade union
representing the workers in that particular trade or industry or if he believes there should
be another union in the interests of the workmen.
Cancellation of registration
Under Section 15 of the TUA 1959, the Director-General of Trade Unions has powers
to de-register or cancel the registration a union under certain circumstances, but it is not
mandatory for him to do so. Specifically, he may withdraw or cancel the registration if
the union has ceased to exist or if he is satisfied that the registration was issued by
mistake or obtained by fraud or if any of the objects or rules of the union are unlawful.
Moreover, if he fined that the constitution of the union executive is unlawful or the union
has been or is being or is likely to be used for any unlawful purpose or for any purpose
contrary to its objectives or rules he can cancel the registration of a union. Furthermore,
if the union has broken any of the provision of the Trade union Act or its regulations or if
a union has broken any of its rules he can deregister the union. Director-General has
discretion to deregistration of a union if a union allowed any rule contravening any
provision of the Trade Union act to continue or if the funds of the union are unlawfully
used. If there are two or more unions registered which represent the same group of
workers in a trade, occupation or industry or individual place of employment, the
Director-General of Trade Unions has the power to deregister the union that covers a
smaller number of the workers or to order that union to remove from its membership
register the affected workers.