Professional Documents
Culture Documents
10.1 INTRODUCTION
This lesson concentrates on the important aspects in the administration of
Malaysian Industrial Relations. It comprises six main parts. The first part
elaborates on the unionism in public sector by highlighting union characteristics
and membership restriction. The second part is about Public Service Department
particularly on its functions related to public sector workers employment. Part
three describes the salary commission and salary committees. Part four outlines
the roles of National Joint Council. Part five illustrates the relevance of General
Order in managing public servants. Part six highlights differences between public
and private sectors industrial relations. This will help you to widen your
understanding of this topic.
Please note that the term industrial relations and industrial relations system is
used interchangeably in this lesson.
Characteristics Of Union
Some of the distinctive features of public sector unions are the following:
I. No public officer can join or form union unless exempted by the Yang di-
Pertuan Agong.
II. The formation and membership is confined within the same ministry,
department or occupation.
III. The union formed must consist of employees from civil service, statutory
bodies or local authorities.
IV. Wages and other term of service for public sector employees are
discussed at the national level between the government and CUEPACS.
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V. Numbers of unions are dropping as many government bodies/agencies
have been privatized e.g. TELEKOM, Lembaga Letrik Negara etc
Membership Restriction
The above part explains that exemptions conferred by the Yang di-Pertuan
Agong will enable public sector employees to form and join trade unions.
However, Trade Union Act has outlined some restrictions imposed on union
membership in public sector as the following:
II. Certain groups of public sector employees are not at all permitted to join
trade unions i.e. employees in the police force, armed forces, prison
services and those in the confidential or security work,
III. Employees in the professional and managerial group in the public sector
are also not allowed to join trade union unless they are exempted by the
Chief Secretary to the Government.
VII. Employees who hold any post in the Managerial and Professional Group
cannot be a member of a union, unless he has been permitted to be a
member of one by the Chief Secretary to the Federal Government.
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10.3 PUBLIC SERVICE DEPARTMENT
The Public Service Department (PSD) is one of the important federal agencies
headed by the Director General of Public Service. It serves as human resource
department of the federal government. It looks after practically all public sector
employees. The main function is to implement the recommendations of Salaries
Commissions and Salaries Committees once accepted by the Government.
Other functions performed by PSD is to negotiate any anomaly arising from the
implementation of these recommendations with any public sector employees
who is affected by it, or with any organization of public sector employees whose
members are affected by it; and to supervise the operation of the National Joint
Councils and Departmental Joint Councils.
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for those in the Managerial and Professional Group; and two councils for
employees in the Support Group. However, such councils are not available for
Police Forces and Armed Forces, Senior Managerial Group and public servants
where SSB / SSM do not apply. The Councils serves as for consultation between
representatives of the federal government and of public sector employees on
matters related to remunerations, allowances, perquisites etc of public sector
employees as a whole. On the other hand the Departmental Joint Councils are
the councils constituted to serve as for a consultation between representatives
of the ministry/department/statutory authority/local authority concerned and staff
representatives of that ministry. Items involved are on all matters affecting work
efficiency and staff welfare in the unit involved.
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I. Principles Underlying The Systems
The principles underlying industrial relations in both sectors are different.
Industrial relations in the public sector does not fall under the jurisdiction of
Industrial Relation Act in regards to protection of rights, recognition,
collective agreement, dispute resolution, representation and termination.
Meanwhile those principles only apply to private sector unions.
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10.8 SUMMARY
Industrial relations established in the public sector are different from the one in
the private sector. The characteristics of public sector unions are unique.
However, its unique characteristics do not deny the rights of civil servants from
union representation.
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PART A : DEFINITION
Define the following terms:
1. Unionism 4. Prohibitions
2. Exemptions 5. Necessity
3. Restrictions
a. Principles underlying the public sector industrial relation systems are not
subjected to Industrial Relations Act 1967
b. Parties engaged in the system are between employees union and the
government (no employers union in the public sector)
e. Public sector has its own machineries, which do not exist in the private
sector such as Salaries Commissions and Salaries Committees, the Public
Service Department, and The Joint Councils.
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FEEDBACK TO STUDY QUESTIONS
PART A : DEFINITION
1. Unionism – the principles and policies of forming and joining trade unions.
2. Exemptions – exclusions from certain conditions
3. Restrictions – constraints or limitations in terms of rights or conducts
4. Prohibitions – preventions in terms of conducts or ban
5. Necessity – need or inevitability
d. Wages and other term of service for public sector employees are
discussed at the national level between the government and
CUEPACS.
2. Differentiate the necessity for unions among public and private sector
employees.
Employees in the private sector must group themselves in trade unions to
enjoy any of the benefits of union representation. The public sector
employees may or may not group themselves in unions or associations but
they still enjoy any of the benefits of union representation.
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