1.

0 INTRODUCTION

When we talk about human resources management what actually can you imagine about it ? Of

course, we will mention about the salary, wages, allowance, recruitment and anything that are

related to. Basically, the human resources management in Malaysia was fall under the duty and

responsibilities of Ministry of Human Resources. But how the human resources might be

conducted? Is it relevant for the ministry of human resources to handle all of the disputes has

been arise? No, so they delegated their function to labor department, Industrial court, and the

department of industrial relation in exercising the jurisdiction in settling the trade dispute.

As we informed, the trade dispute can be define as a conflict arise among the labor on that

particular of organization it was influence by a several factors such as dissatisfy towards the

management in term of salaries, job promotion, disciplinary action, dismissal and also violation

towards the right of the labor. In this article I better to discuss and review all about the issues

regarding to the action taken by the National Union Bank Employees (NUBE) in expressing their

dissatisfy feeling, is it recognized by the law? We will look into the rules and regulation applied

in Malaysia. Is it possible to carry out that kind of action? I will suggest whether it is right or

wrong in the context of ethics. And how to settle the dispute will be settled? I will brought to you

the solution as a tools whereby adapted due to the “Judicial Precedent” principle.

In this paperwork I will discuss from A to Z, from the start until the end and elaborate more on

the disputes arise according to the article, what is actually about the issue, and what kind of the

action can be suggested to solve the disputes and what are those action carry out by the labor in

expressing their disputes that a recognize by the law.

2.0 ANALYSIS

In the article “Bank employees to go ahead with national picket” by Alyaa Azhar argued about

the action taken by National Union Bank Employees (NUBE) in launching picketing considered

as a legal action. This paper will analyzed Alyaa Azhar article’s from the view point of rules and

regulation applicable in Malaysia, protection the right of workmen, and also the action launched

is ethically.

The rules and regulation in Malaysia stipulate that picketing launch said to be legal in the

context of Industrial Relation Act 1967. The general secretary Solomon said that the accusation

and allegation made by the Malaysian Commission Banker Association (MCBA) doesn’t make

any sense. In additional, he said that the Malaysian Commission Banker Association (MCBA)

has no legal standing to demanding in call off the picketing since it clear stated in section 4 of

Industrial Relation Act 1967.

Protection right of workmen. The right of workmen protected by the trade union. They

represented by the National Union Bank Employees (NUBE) to carry out picketing. Aim is to

care the welfare of workmen. The law states that the employers shall not interfere in with the

work of union in activities to protect the right of workers.

Action launch is ethically. The members of National Union Bank Employees (NUBE) conduct

the picketing in peacefully and ethically. Their aim is to get the attention from the public to

create the awareness in the issues rise.

This paper shown how these three condition might interpret Alyaa Azhar article’s “Bank

Employees To Go Ahead With National Picket”. Alyaa argued that the regulation applicable in

Malaysia, protection the right of workmen, and also the action launched is ethically can said the
picketing to be legal. She argues her point very well and logically and makes it very easy for

people to understand all of this.

3.0 REFLECTION

Human resources management can be define as a process in managing people talents in

achieving the organization goals (Snell & Bohlander, 2007). In managing human resources, it

required a various of process comprises of recruitment, job analysis, training and development

and all the functions of human resources. In Malaysia, the portfolio of human resources

management was hold by the Ministry of human resources. Under this ministry we have the

labor department to heard and handle the case among the employees, industrial court which is

provide a various ways of settlement of the issues arise between both parties labor and

employers, and also we have department of trade union which is handle the action in trade

disputes has been arise.

In the context of human resources management, we have learned about the concept of

alternative disputes resolution (ADR) not only in human resources but also in the context of

industrial relations. Mostly of the disputes rise was influence by the ineffective and inefficient of

human resources management. This situation might create the feeling of dissatisfied among the

labor towards the management. Probably they assumed their right as a workmen has breached

and manipulated. Because of all this, the National Union Bank Employees was launched

picketing on April 7, 2013 in Jalan Tun Perak since they argue about their right of dismissal as

unfair for them. They action has been recognized by the law applicable in Malaysia. As we

informed, the industrial relation act 1967 has established by the minister of human resources to

propose the right of labor of the trade union to express their dissatisfy feeling towards the

management. The picketing was recognized by the law and it is legal in Malaysia. As long as

their follow the standard operation procedure includes of provide a written notification to the

management and employer regarding to their action and consult with the department of the trade
union and request for licensing in launching picketing. However, in the context of ethical, it

asking about the way on how the picketing has conduct? Is it in a peaceful manner or not? We

know that the main target of picketing only is to publish, get the publicity and creating awareness

among the public about the issue so they don’t have any sense to create chaos. As long as the

picketing carry out in peaceful manner without any action and intention to vandalize the public

amenities it consider as a peaceful manner.

Right of the workmen was underline in the special provision of employment ac 1955

(applicable for peninsular Malaysia), Sabah labor ordinance 1955 and Sarawak labor ordinance

1955. While National Union Bank Employees (NUBE) launching a picketing, the action has

been taken was accuse by the Malaysian Commission Banker Association (MCBA) as illegal.

However, Solomon said it to be legal in the context of law. This allegation should not supposed

to be done by the Malaysian Commission Banker Association (MCBA) since they breach the

right of the workmen as stipulated in the industrial relation act 1967 where it said that the

employers should not intimidating the employees in acting on the behalf of the trade union.

In my point of view, I saw that this kind of the trade dispute can be solved in a several ways as

we learn in the subtopics of alternative dispute resolution (ADR). The effective way that I

suggest is collective bargaining. It refer to the direct negotiation between both of parties whereby

the employees presented by the representative of the trade union to direct negotiate with the

employers. It required standard procedure of collective bargaining. Consists of file a complaint

to the Director General of Trade Union (DGTU) in the department of the trade union, follow up

the investigation by the director general of trade union (DGTU) in 14 days, and after that the

DGTU will call both of parties to negotiate and the result will be awards recognition. Other than
that we also have under the Director of Industrial Relation (DGIR) such as conciliation,

mediation, and arbitration.

The common issues rise among the labor against the human resources management in term of

payment rate, wages, and salaries. This thing actually highlighted in the chapter E of general

order. It states the way on how the employees will paid, allowances and the benefits received by

the employees. In increasing the workmen awareness we need to care the issues arise. By

launching picketing we are able to know about the issues, why it happen and what we supposes

to do and what is our right stipulated in the law.

Not limited on the payment, but also the most important thing such as dismissal and removal

from the office. In the article 135 of federal constitution it said that “No one public officer shall

be removed without being heard”. In remove or dismiss the public officer, the management of

human resources will call the officer for disciplinary board to be heard. It applying the principle

of “Audi Alterem Paterm” and “Nemo Judex In Causa Sua” in the rules of natural justice. It

considered as a procedural safeguard against the improper action by the public authorities and

public bodies. Under the RNJ we have “Audi Alterem Paterm” where it refer to the right to be

heard means, the officer has right to be heard by consider a several factors includes of charge,

notice, and allegation while “Nemo Judex In Causa Sua” is rules again bias in decision making.

If there is an existence of rules again bias in decision making of dismissal such as pecuniary,

personal or policy the labor can go directly to the court for review the decision made by the

disciplinary board.

Same goes to the downsizing of the labor from the organization must be made accordingly by

the human resources management. They should follow the law that a applicable to. In
employment act 1955, it underline that no one employees or labor will dismiss from the

downsizing and restructuring of the organization without compensated. By looking at this

situation, the National Union Bank Employees (NUBE) take this right serious. It is our right to

compensated in avoid the unemployees involve in criminal such as robber, and as a human

being for the human resources management function in provide compensation to the employees

were dismiss.
4.0 CONCLUSION

Human resources function is the most effective ways to run the organization smoothly. In

managing human resources it might contribute to the conflict, issues, and disputes due to the

inefficient and ineffective management. But do not afraid we already have a solution that we

called it as ADR which is stand for alternative disputes resolution. It provide a various ways and

tools we can used to consists of collective bargaining, conciliation, arbitration and mediation

since it comply with the rules, regulation and law applicable in Malaysia. We have employment

act 1955, Sabah and Sarawak labor ordinance. In settle the issues rising both of labor and human

resources manager we can see the professional ways take by the human resources in provide the

liberty to the labor in expressing their disputes. While the trade union create an action such as

launching picketing it directly create public awareness to the labor especially to realize that our

right as a workmen cannot be denied and manipulated.