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PAD 368 QUIZ

NAME: NUR ELISYA YADIAH BINTI ABDULLAH

NO MATRIX: 2015539705

QUESTION 1

Clarify two situations that best describe non-harmonious industrial relations.

There are two situations that best describe non-harmonious industrial relations. First is effect on the
industry and country. Non harmonious industrial relation gives bad impact on the industry as the
number of production of goods will decrease and automatically flow of income will decreases.
Furthermore, when the number of income decrease, it will affect the economy of the country as
whole. Other than that, only minimum number of good can be export to the other country as there
is less number productions of goods. We also cannot attract investor from other country to invest in
our country as there is less stabilization.

Second is, effect on the organizations. Non harmonious industrial relations gives bad impact to
relationship of employer and employee. It will cause dispute and conflict between them such as
dissatisfaction in work, breach of trust and many more. Moreover, profitability of the company will
decrease as well as there is decrease in productivity. When employer is not comfortable in the
organization, they will not doing their job very well and only causes loss to the company.

Question 2

Elaborate on any two objectives of a registered trade union as stipulated in the trade union act
1959.

There are two objectives of a registered trade union as stipulated in the trade union act 1959. First is
to obtain and maintain for its members just and proper rates of remuneration, security of
employment and reasonable hours and conditions of works. It’s ensure the welfare of its member in
term of working conditions and many more. Furthermore, it’s also ensure the right rate of salary and
worthy within the works. It is also secure the right of the employees itself. For example, CUEPACS
fight for its member to get increased amount of salary.

Secondly is, to promote the material, social and educational welfare of the members. Instead of
figure of salary, trade union also ensure in social and educational welfare for its member. Everyone
must have education to get in higher position of job. For example, in government sector, officer in
grade of 41 needs degree as educational background to make him qualified for the position.
Questions 3

Explain any four conditions that qualify a person to be elected as an officer or executive of a trade
union.

There are four conditions that qualify a person to be elected as an officer or executive of a trade
union. First is, he is a citizen of the federation. If he is not a citizen of the federation, automatically
he is disqualified from being an officer of a trade union. Officer of trade union cannot be someone
from other federation.

Second is , he is a person who has not been a member of the executive of any trade union the
registration of which has been cancelled or withdrawn under certain circumstances. If he has been a
member of the executive of any trade union, he cannot focused on one trade union. He must be
responsible towards his duties.

Third is , he is not an officer bearer or employee of a political party. This is prohibited from being an
officer of trade union. Political matters cannot involve with trade union. It is also applicable towards
government sector which is the employees cannot be representatives and only can choose one
whether working with government or being optician.

Lastly, he has not been convicted by any court of law of criminal breach of trust, extortion or
intimidation or of any offence which in the opinion of the director general renders him unfit to be an
officer of a trade union. Officer of trade union must clear from any criminal record or any offences
regarding to the court. For example, Abu was accused in criminal cases which is breach of contract.
His cases have been brought to the court found guilty. Automatically, he is disqualified from being
officer of trade union.
NUR ELISYA YADIAH BT ABDULLAH

2015539705

Test 1

QUESTION 1

Describe any TWO (2) rights of a trade union as stipulated in the Trade Unions Acts, 1959.

There are two rights of a trade union as stipulated in the trade union acts1959. First is , legal action.
In legal action, section 25(1) of TUA, a union have the right to institute legal action and similarly the
union too can be charged provides. Furthermore, section 25 (2) of the same act specified that an
unregistered union can be charged under the name it used or the name it is reffered to. Moreover in
section 25 (3) stated that a deregistered union can also be charged under the name it was formerly
registered,

Second is , financial support. The financing of trade union is very much supported by its members
through entrance fee payment and monthly membership subscription made by members once they
join in as a member of a union. Furthermore, section 25 (5) stated that any fines ordered to be paid
by a trade union can be derived from the sales of its moveable properties or any monetary held
under its trust fund in accordance with the related criminal procedure.

QUESTION 2

Explain any TWO (2) prohibitions imposed on employees and their trade unions as stipulated in the
Section 7 of Industrial Relations Acts 1967.

There are two prohibitions imposed on employees and their trade unions as stipulated in the section
7 of industrial acts of 1967. First is persuading other employees. Members of employee’s trade union
are prohibited to influence or convince other employees to sign up or to reframe from signing up as
a trade union member or executive within the employer’s premises, during working hours unless the
consent of the employer has been secured. However, the union members can lobby or campaign for
new members to join the union before or after working hours and off form working premises. For
example, aminah persuade her officemate to join the trade union on 3 pm at their office. This
attitude is forbidden for any members of trade uion.

Secondly is, intimidating other employees. Members of employee’s trade union are prohibited to
threaten or pressurize any employees who yet sign up as members of trade union to become a trade
union member. Moreover, employees arealso not allowed to reframe those who had signed up as
trade union members to discontinue their membership or resign from their positions as executives
of a trade union.
PART B

QUESTION 1

Explain any FIVE (5) reasons that support the importance of recognition to a trade union.

Recognition is known as award or something that have been given for an achievement. It is
important to motivate employee in increasing their works quality and make them feel appreciated.
When they feel appreciated, they will work harder and increase their work performance. However,
recognition are not only use in workplace but also apply in trade union. It is important as grant more
advantages to employees rather than employer. The employer are well aware that by granting
recognition the commencement of collective bargaining will follow suit. There are five reasons that
support the importance of recognition of a trade union.

First is initiation of collective bargaining and collective agreement. Recognition is the initial
point to initiate a negotiation in collective bargaining which finally ends up with a collective
agreement. Moreover, in order to ensure such situation to occur, a union must first secure for a
general recognition as only unions granted with general recognition by their employers will possess
the ability to commence collective bargaining sessions. For example

Secondly is, pressurize the management. Recognition helps in give the ability to the union to
influence the employer in decision making. For example case of policy implementation. If the
employer want to introduce new policies, especially employment policy, the trade union will also
need to take part to determine whether the policies are the best for all. This is to ensure harmony
working environment and it will contribute to a more effective and efficient management.

Third is better employment terms and conditions. Once a trade union is recognized, It has
the capacity to demand for better employment terms and benefits for the employees. The
employees need to negotiate with their employers through their union when they want to improve
the state of their employment or their working life. Besides that, the union can negotiate for better
terms and conditions of work on behalf of all workers in the workplace who are eligible to be union
members. A collective agreement was gained through collective bargaining by law covers all
employees in particular workplace.

Fourth is mandate to represent. This give the union representatives the right to represent
the employees in any matters regarding to employment. At the same time, it allowing them to
participate in the organization decision making. For example, the employer may ask the trade union
representatives about their opinion on the wages rate paid to employees, so that the management
will know its employees’ stand.

Lastly is, prevention of negative actions. The trade union is important to control employee’s
behavior as it act as a medium between employer and employees. Sometimes when people in angry
mood, they did not realize their action. So, within the trade union, it helps to prevent the negative
actions of the employees as they can make a report regarding to their dissatisfaction and it also help
them claiming their right as an employees.

As a conclusion, the existence of trade union is very important to the employees in ensuring
their right as a workers and also trade union as a medium for them to claim for their right. Trade
union played important role towards the employees. That is why, trade union are very important
and it existence release some of the employees burden.
NUR ELISYA YADIAH BT ABDULLAH

2015539705

TEST 2

PART A
QUESTION 1
Describe any TWO (2) required conditions of an appropriate collective agreement.

There are two required conditions of an appropriate collective agreement. First is, it must
specify the duration of the agreement where commonly is not less than three years. Basically, the
agreement cannot exceed more than three years as only three years is the maximum time of the
agreement. Moreover, It also must specify the name of the parties to the agreement and it is one of
the important things in the agreement.

Second is, collective agreement must include a procedure for modification and termination
of the agreement. All the procedure and the termination must include in the agreement to avoid
misunderstanding and both sided will clearly understand the real agreement. Other than that, it will
not include items which are considered as managerial prerogatives.
PART B
QUESTION 1
Elaborate FOUR (4) methods of terminating a contract of service as stipulated in the
Employment Act, 1955.

Contract of services means any agreement whether express or implied. If


express whether in oral or in writing where the employer agrees to employ and the
employee agrees to be employed and includes an apprenticeship contract.
Generally, it means that, the promises that have been made by employee to gives
services towards the employer for a period of time. However, there are four methods
of terminating a contract of services as stipulate in the employment act 1995.
First is, normal termination. This methods took place when a contract of
services is expired or the job that is assigned is completed on time. This mean that,
the employee quite the job because of the expired that has arrive and he quit
voluntarily. For example, government servant compulsory to retired on 60 years old.
Second is, termination with notice. This type of termination require an
employee to give notice to his/her employer that states his or her intention to
terminate their services. The length of notice must be stated in the contract of
service. For example, 4weeks notice is for less than two years of services.
Third is, termination without notice. An employee can terminate a contract
without giving notice or given notice without waiting for the expired date by paying to
the other party an indemnity of a sum equal to the amount of wages which would
have accused to the employee during the term of such notice or during the unexpired
term of such notice.
Lastly is, termination for a special reason. The employment act 1955 also
spell out an employer may dismiss an employee without notice for misconduct after
due inquiry depend on the seriousness of the misconduct. Due inquiry means a
proper inquiry. For example domestic inquiry that is held in conformity with the
principle or the rules of the natural justice. For example of misconduct is gambling,
disobedience fraud, threat and many more.
As a conclusion, the employee have rights in terminating their employees
based on the term and conditions. Basically termination happen when the
employee’s work achievement are not satisfy the employer. However the termination
is still based on the employment act.