DPB6013 HUMAN RESOURCE MANAGEMENT

Rosmanizah PSIS/ Human Resource Management

They can be fired and replacements hired

1. It is permitted in Malaysia, providing certain procedures are followed
2. Only members strike.
3. Before strike, workers must take a secret ballot to find out what percentage of

those involved agree to hold strike. Stikes can be takes place when 2/3 of
members agree to support.
4. The result of the ballot have to submitted to Department of Trade Union Affair
and strikes can be only takes place after 7 days period.
5. Strike could be illegal when
i) Over an issue relating to the question of recognition of a union
ii) Political strike in order to force government to fulfill certain issue
iii) Issue relating to other trade union

c) Lockout / Pemulauan

Promote public to lockout the company.( do not use/ buy company’s product and
services) this lead to interference by government

This will further strike or pickets

d) Direct Action from employer

It can be done by
i) Ask management worker/ non members to strike against
ii) Fired
iii) Stop company operation)

8.5 Industrial Dispute

8.5.3 Define industrial dispute

When settlement is not reached , there are alternatives to settle disputes
(argument/ disagreement)

8.5.4 Procedure in solving industrial dispute (assisted from 3rd party)
- Direct negotiation- collective bargaining ( negotiation between
employers and employee about working condition and terms of
employment, with objective of reaching an agreement

Rep : employer – management team including HR
Employee – trade union

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Rosmanizah PSIS/ Human Resource Management

- Conciliation

Procedure whereby the 3rd party helps the two parties to reach a
mutually acceptable settlement.
The conciliator may meet the parties separately or together to
exchange info , classify issues and settle misunderstanding. The
conciliator does not impose solutions but works to enable them come
to an agreement

- Mediation

Process that involve 3rd party to help in reaching mutuaaly aaceptable agreement.
But mediator makes recommendations for the 2 parties to consider, but the final say depends on
the 2 parties.
etc to negotiate especially when it involves civilian/ national issue. Mediators can be
obtained from the Federal Mediation and Conciliation Service (FMCS).

- Arbitration
Procedure whereby a 3rd party settles the disputes by making an independent decision
for the parties.

Penimbangtaraan) : a neutral third party (interest arbitrator) has the authority to
fashion a settlement

i. Types of interest arbitration:
1. Fact-finding: non-binding interest arbitration: the arbitrator
can fashion a suggested settlement, but cannot force the
parties to accept it
2. Binding interest arbitration: the arbitrator has the authority to
fashion a settlement that the parties are required to accept
a. Conventional interest arbitration: the arbitrator can
fashion any settlement that the arbitrator believes to
be reasonable
b. Final offer interest arbitration by package: the
arbitrator must pick the entire final offer package of
one side or the other
c. Final offer interest arbitration by issue: the arbitrator
must pick the final offer of one side or the other on
each issue-by-issue

In Malaysia, arbitration can be done by Mahkamah Perusahaan. Minister in Human
Resource can ask fr Mahkaman Perusahaan and any decision made is called Award. If
employee do not abide the Award, report to Mahkamah Perusahaan will be made.

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Rosmanizah PSIS/ Human Resource Management

Staff discipline at the workplace

Discipline – every organization needs an employee disciplinary system which
is fair and just. Without discipline, organizations cannot achieve their goals.

Positive discipline – enhances positive motivation and tries to drive
employees by showing good discipline, effective management and
charismatic leadership.
Negative discipline- enhance on penalties to hindered them from
continuously misconduct of their behavior towards discipline.

Penalties disciplinary system

Oral warning

first written
warning

final written
warning

suspension without
warning

demotion or
downgrading

dismissal

Objective of disciplinary system – to ensure employees behavior is in line with
organizational goal.

Discipline
i) Management should have guidelines and rules and clearly informed to

all employees
ii) Employees are clearly informed about all the disciplinary action

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Rosmanizah PSIS/ Human Resource Management

iii) All misconduct / guilt should be investigated before taken any
disciplinary action

iv) If he/ she is proven guilty, action must be instantly taken and ensure
that the employees understand the reason such action has been taken
on him.

Dealing with employee problems

a) Transfer
1. Lateral movement of an employee within an organization.
2. Transfer can expose to new skills and different parts of the business.
This makes the workforce more flexible.
3. If they have been trained in a variety of jobs, workers can be quickly
moved into positions where they are most needed. It can also help
them to prepare for higher level position.
4. Right to transfer: Transfer is considered a management prerogative/
privilege and therefore not a negotiable matter by trade union. This
means that if an employee refuses to go on transfer, he may be
dismissed for failure to carry out a legitimate managerial order.
5. Cost of transfer: financial cost – moving personal belongings, hotel and
food allowance. Psychological cost and sometimes employee may
resign if he protest the transfer.

b) Promotion of employees
Reassignment of an employee to a job at a higher level in organization.
Criteria for promotion – seniority/ merit ( competence)

c) Grievance Handling
A worker with a grievance is a dissatisfied/ unproductive worker.
What causes grievance –
i) Broken promises
ii) Inequitable pay and benefits
iii) Personal/ sexual harassment
iv) Dangerous/ uncomfortable working conditions
v) Unjust disciplinary action

d) Absenteeism of workers
Concept : if a workers is not at work, he is absent
Types of absence
i) Lateness

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Rosmanizah PSIS/ Human Resource Management
ii) Taking extended lunch breaks
iii) Not being at the required workstation
iv) Medical leave
Lateness – managed and reduced
a) Rules, penalties, strict enforcement
b) Rewards/ acknowledgement to whom who obey

Types of Discipline Action
i) Oral warning
ii) Written warning
iii) Suspension
iv) Demotion/ downgrading
v) Dismissal

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