PAD363_SAMPLE

1. Explain 4 reasons for the failure of the collective bargaining process.

i) - **Lack of trust and communication**: One of the essential factors for successful collective
bargaining is the establishment of trust and communication between the negotiating parties.
Trust and communication are necessary for the parties to be willing to share information, listen
to each other, or compromise on their demands. This can lead to misunderstandings, conflicts,
and deadlock in the bargaining process.

ii) - **Imbalance of power and resources**: Another reason for the failure in collective
bargaining is the unequal distribution of power and resources between the employers and the
employees. If one party has more power and resources than the other, it may try to impose its
terms on the other party or resist any concessions or changes. This can result in unfair
outcomes, dissatisfaction, and resistance from the weaker party.

iii) - **External influences and pressures**: Collective bargaining is also affected by the
external environment, such as the political, economic, and social conditions. These influences
and pressures can create challenges and opportunities for the bargaining parties, and affect
their expectations, demands, and strategies. For example, if the economy is in recession, the
employers may face financial difficulties and demand wage cuts or layoffs. At the same time, the
employees may resist such measures and demand job security and social protection⁵.

Iv) - **Inadequate preparation and skills**: Finally, collective bargaining requires adequate
preparation and skills from both parties. Preparation involves collecting and analyzing relevant
data, setting objectives and priorities, and developing proposals and alternatives. Skills involve
the ability to communicate, persuade, problem-solve, and cooperate. If the parties are not
well-prepared or skilled, they may not be able to conduct the bargaining process effectively and
efficiently and may miss opportunities or make mistakes that can jeopardize the outcome.

2. Explain 4 reasons that support the importance of recognition to a trade union.

i) - **Collective bargaining**: Recognition enables a trade union to negotiate with the employer
on behalf of its members on matters such as wages, working conditions, and benefits. Collective
bargaining can result in better outcomes for the workers, as well as improved industrial relations
and productivity for the employer¹².

ii) - **Worker involvement**: Recognition allows a trade union to consult with the employer on
issues that affect the workers, such as health and safety, training, and grievance procedures.
Worker involvement can enhance the trust and commitment of the workers, as well as the
quality and efficiency of the decision-making process.
iii) - **Legal protection**: Recognition grants a trade union certain rights and privileges under
the law, such as access to information, time off for union activities, and protection from
discrimination or victimization. Legal protection can safeguard the interests and rights of the
union and its members, as well as prevent or resolve disputes⁴⁵.

iv) - **Union strength**: Recognition boosts the credibility and influence of a trade union in the
workplace and beyond. Recognition can attract more members to join the union, increase the
bargaining power and resources of the union, and foster cooperation and solidarity among the
union members and other unions²⁵.

3. Explain 4 conditions that may prohibit a trade union from declaring a strike or lockout
as stipulated in TUA 1959.

A strike is a collective action by workers to stop work, while a lockout is a collective action by
employers to close the workplace. Both are forms of industrial action that aim to exert pressure
on the other party in a trade dispute. However, under the Trade Unions Act 1959 (TUA 1959) of
Malaysia, certain conditions may prohibit a trade union from declaring a strike or lockout. Here
are four of them:

i) - **Secret ballot**: A trade union must obtain the consent of at least two-thirds of its total
members entitled to vote by secret ballot before calling for a strike or lockout¹. The secret ballot
must be conducted according to the rules and regulations of the trade union and the TUA 1959².

ii) - **Notice period**: A trade union must give notice of seven days to the Director General of
Trade Unions (DGTU) before commencing a strike or lockout³. The notice must state the
reasons, date, time, and duration of the proposed strike or lockout⁴.

iii) - **Pending recognition**: A trade union must not declare a strike or lockout if it has applied
for recognition from an employer and the matter is still pending before the DGTU or the
Industrial Court⁵. This is to prevent unnecessary disruption of industrial harmony and to allow
the parties to resolve the issue of recognition through conciliation or arbitration.

iv - **Essential services**: A trade union must not declare a strike or lockout if it is engaged in
any essential service as specified in the First Schedule of the Industrial Relations Act 1967 (IRA
1967). Essential services include, among others, water, electricity, health, transport, and security
services. This is to protect the public interest and welfare from the adverse effects of industrial
action.
4. Describe 4 provisions of the female employee in Malaysia as stipulated in the
Employment Act 1955

The Employment Act 1955 is a major law that regulates various aspects of employment in
Malaysia. It provides some special provisions for female employees, such as:

i) - **Working hours and restrictions**: Female employees are prohibited from working in any
industrial or agricultural undertaking between 10 pm to 5 am unless permitted by the Director
General. They are also not allowed to work without having a period of 11 hours of break, or in
any underground work.

ii) - **Maternity leave and allowance**: Female employees are entitled to 60 days of maternity
leave for each confinement, and to receive maternity allowance from their employers if they
meet certain conditions. The maternity allowance is equivalent to their ordinary rate of pay for
one day, or as prescribed by the Minister, whichever is higher. The maternity leave cannot start
earlier than 30 days before the expected delivery date, or later than the day after the delivery.

iii) - **Pregnancy protection**: Female employees are protected from termination or dismissal
on the grounds of pregnancy unless they are guilty of misconduct or poor performance. They
are also entitled to request a transfer to a suitable alternative job if their current job poses a risk
to their health or safety during pregnancy.

iv) - **Sexual harassment**: Female employees have the right to file a complaint against any
person who sexually harasses them at the workplace, or in connection with their employment.
Sexual harassment is defined as any unwanted conduct of a sexual nature that affects the
dignity, well-being, or career prospects of the employee. The employer is obliged to take
appropriate action to prevent or stop sexual harassment, and to provide a mechanism for
resolving such complaints.
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