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Industrial Relations Act 1967 (2010 revision), Page 9

Part IX - TRADE DISPUTES, STRIKES AND LOCK-OUTS AND MATTERS ARISING THEREFROM

Pupils not to take part in trade disputes

38. (1) No pupil as defined in the Education Act 1996 [Act 550], other than a lawful member of a trade union, shall—

(a) do any act in contemplation or furtherance of a trade dispute;

(b) instigate or incite any other person to take part in or continue or to support by money or otherwise or to do any other act in contemplation or furtherance of any strike or lock-out; or

(c) take part in or be a member of any meeting or assembly of more than five persons called for the purpose of instigating or inciting any person to take part in or continue or to support by money or otherwise or to do any other act in contemplation or furtherance of any strike or lockout.

(2) The Minister of Education may, by notice in writing, require the governors or managers of any school to expel any pupil convicted or found guilty of an offence against this section and thereupon the governors or managers shall expel the pupil or cause him to be expelled accordingly.

(3) A pupil who has been expelled from a school by the governors or managers thereof in pursuance of a notice given under this section shall not thereafter—

(a) enter the premises of the school; or

(b) become a pupil of any other school without the permission of the Minister of Education.

Intimidation

39. Any person who in furtherance of a trade dispute and with a view to compelling any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority—

(a) uses violence to or intimidates such other person or any member of his household, or injures his property;

(b) persistently follows such other person about from place to place;

(c) hides any tool, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof;

(d) watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place; or

(e) follows such other person with two or more persons in a disorderly manner in or through any street or road, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.

Picketing

40. (1) Without prejudice to section 39, it shall be unlawful for one or more persons acting on his or their behalf or on behalf of a trade union or of an employer in furtherance of a trade dispute to attend at or near any place:

Provided that it shall not be unlawful for one or more workmen to attend at or near the place where the workman works and where a trade dispute involving such workman exists only for the purpose of peacefully—

(i) obtaining or communicating information; or

(ii) persuading or inducing any workman to work or abstain from working,

and subject to such attendance being not in such numbers or otherwise in such manner as to be calculated—

(a) to intimidate any person;

(b) to obstruct the approach thereto or egress therefrom; or

(c) to lead to a breach of the peace.

(2) Any officer or employee of the trade union to which the workmen referred to in the proviso to subsection (1) belong, may be present with such workmen solely for the purpose of maintaining good order and discipline and ensuring that such workmen comply with the requirements of the said proviso.

(2a) No workman shall go on picket—

(a) during the pendency of the proceedings of a Board of Inquiry appointed by the Minister under Part VIII involving such workman and employer and within seven days after the conclusion of such proceedings;

(b) after a trade dispute or matter involving such workman and such employer has been referred to the Court and the parties concerned have been notified of such reference; and

(c) after the Yang di-Pertuan Agong or State Authority, in the case of a trade dispute relating to any Government sevice or the service of any statutory authority, has withheld consent to the reference of the dispute to the Court under subsection 26(2), and the parties concerned have been notified thereof.

(3) Any person who acts in contravention of subsection (1) or (2a) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.

Breach of contract liable to injure person or property

41. Any person who wilfully and maliciously breaks a contract of service or of hiring knowing or having reason to believe that the probable consequences of his so doing, either alone or in combination with others, will be to endanger human life or the efficient operation of any public health service, or cause serious bodily injury, or to expose valuable property whether real or personal to destruction or serious damage, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.

Conspiracy in trade disputes

42. (1) An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be punishable as a conspiracy if the act committed by one person would not be punishable as a crime.

(2) An act done in pursuance of an agreement or combination by two or more persons, if done in contemplation or furtherance of a trade dispute, shall not be actionable unless the act, if done without any such agreement or combination, would be actionable.

(3) Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any written law.

(4) Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace, or sedition or any offence against the Yang di-Pertuan Agong or any State Authority.

(5) A crime for the purposes of this section means an offence for the commission of which the offender is liable, under the law making the offence punishable, to be imprisoned either absolutely or at the discretion of a court as an alternative to some other punishment.

Restrictions on strikes and lock-outs in essential services

43. (1) No workman in any essential service shall go on strike—

(a) without giving to the employer notice of strike, within forty-two days before striking;

(b) within twenty-one days of giving such notice; or

(c) before the expiry of the date of strike specified in any such notice aforesaid.

(2) No employer carrying on any essential service shall lock-out any of his workmen—

(a) without giving him notice of lock-out, within forty-two days before locking out;

(b) within twenty-one days of giving such notice; or

(c) before the expiry of the date of lock-out specified in any such notice as aforesaid.

(3) The notice referred to in subsections (1) and (2) shall be given in such manner as may be prescribed.

(4) Any employer who receives from any person employed by him any notice referred to in subsection (1) or gives to any person employed by him any notice referred to in subsection (2), shall forthwith report to the Director General the particulars of the notice received or given.

Prohibition of strikes and lock-outs

44. No workman shall go on strike and no employer of any such workman shall declare a lock-out—

(a) during the pendency of the proceedings of a Board of Inquiry appointed by the Minister under Part VIII involving such workman and employer and seven days after the conclusion of such proceedings;

(b) after a trade dispute or matter involving such workman and such employer has been referred to the Court and the parties concerned have been notified of such reference;

(c) after the Yang di-Pertuan Agong or State Authority, in the case of a trade dispute relating to any Government service or the service of any statutory authority, has withheld consent to the reference of the dispute to the Court under subsection 26(2), and the parties concerned have been notified thereof;

(d) in respect of any of the matters covered by a collective agreement taken cognizance of by the Court in accordance with section 16 or by an award; or

(e) in respect of any of the matters covered under subsection 13(3).

Illegal strikes and lock-outs

45. (1) A strike or a lock-out shall be deemed to be illegal if—

(a) it is declared or commenced or continued in contravention of section 43 or 44 or of any provision of any other written law; or

(b) it has any other object than the furtherance of a trade dispute—

(i) between the workmen on strike and their employer; or

(ii) between the employer who declared the lock-out and his workmen.

(2) A lock-out declared in consequence of an illegal strike or strike declared in consequence of an illegal lock-out shall not be deemed to be illegal.

Penalty for illegal strikes and lock-outs

46. (1) Any workman who commences, continues or otherwise acts in furtherance of a strike which is illegal under this Act shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both and a further fine of fifty ringgit for every day during which such offence may continue.

(2) Any employer who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this Act shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both and a further fine of fifty ringgit for every day during which such offence may continue.

Penalty for instigation

47. Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, or who instigates or incites others to withhold their labour or services knowing or having reason to believe that the probable consequences of such action will be to endanger human life or the efficient operation of any public health service or cause serious bodily injury or expose valuable property whether real or personal to destruction or serious damage, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.

Penalty for giving financial aid to illegal strikes and lock-outs

48. Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred ringgit or to both.

Protection of persons refusing to take part in illegal strikes or lock-outs

49. No person refusing to take part or to continue to take part in any strike or lock-out which is by this Act declared to be illegal shall be, by reason of such refusal or by reason of any action taken by him under this section, subject to expulsion from any trade union, or to any fine or penalty, or to the deprivation of any right or benefit to which he or his legal personal representatives would otherwise be entitled, or be liable to be placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the union, anything to the contrary in the rules of a trade union notwithstanding.

Offences seizable, and no bail to be granted

50. (1) Every offence under this Part shall be a seizable offence for the purposes of any written law relating to criminal procedure.

(2) Notwithstanding any other written law, bail shall not be granted to an accused person arrested for or charged with an offence under this Part and in respect of whom the Public Prosecutor certifies in writing that it is not in the public interest to grant bail to such accused person.

51. (Deleted by Act A1322).

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