CHAPTER 10

RIGHTS AND DISCIPLINE

1.

What is right?

-The right is something that belongs to someone. Faridahwati . M.S & et al (2006)

2. Explain the rights and responsibilities of workers. Workers have the right to receive salary or wages for the efforts that have been attributed to her, but workers also have a responsibility to the organization in carrying out the work entrusted to him.

3. State the purpose of the Employment Act 1955 and the Trade Unions Act 1957 enacted. -The purpose of these acts was enacted to ensure that workers are given fair treatment by employers.

4. Specify the content of employment contracts in general. -Employment contract containing the terms and conditions of employment and workers' rights, including wages, hours worked, benefits received. The contract also can not restrict the rights of workers to enter, participate or establish trade unions. Faridahwati . M.S & et al (2006)

5. Define the rights of employers. - The right of employers, also known as the prerogative of management, which means the employer or the management, reserves the right to make any actions or decisions on the operations of the company or organization.

6. Specify the type of termination of contract. i) Personal reasons which workers migrate to other places, like the self-employed or want to work with other organizations. ii) The reasons have to be workers who are forced to terminate his contract of service, such as retirement, reduction in workforce due to downsizing of the organization, and dismissal due to misconduct. Faridahwati . M.S & et al (2006)

7. State the purpose of giving notice to the employer. -The purpose of the notice is to give employers time to find a suitable replacement or arranging work schedules other.

8. Describe the period of notice to the employer if an employee wishes to resign due to personal reasons. Workers must give notice at least four weeks in advance to the employer if he worked less than 2 years, or six weeks notice if he had been working for 2 years or more but less than 5 years, or 8 weeks notice if he had worked for 5 years or more.

9. Describe the retirement age. No law-has age retirement among public sector employees is set at the age of 56, 56, 58 years old too many of the private sector to adopt the retirement age limit if service contract clearly says retirement age, the employer has the right for employees to retire once they reach that age. Faridahwati . M.S & et al (2006)

10. Explain the reduction in workforce. -The employer has the right to reduce the workforce for reasons such as mergers, losses, bankruptcies and the use of new technology. The methods used by employers is to freeze all vacant positions and not hiring to replace employees who have retired, and the voluntary retirement scheme offered to employees by providing attractive financial remuneration.

11. Define the dismissal. -Expulsion means the actions taken by employers to terminate employees due to certain reasons that allow the termination is made. 12. Explain about unfair dismissal. Unfair dismissal accrues when an employer deliberately difficult working condition in an effort to persuade or compel employees to quit his job as a monthly salary cut for no reason .when the employee is not resistant .worker will take the decision to quit.

13. What is the purpose of discipline? Discipline means one-on training to enforce the rules of the organization. Faridahwati . M.S & et al (2006)

14. Give the meaning of misconduct. -Improper conduct means conduct that is inconsistent with the fulfillment of conditions of service, including express and implied misconduct large and small. Faridahwati . M.S & et al (2006) 15. State examples of misconduct and minor misconduct great. - Persistent small is small and not serious offense of late and is not timely, damage to company property, violation of safety rules, do not wear uniforms provided by the company, smoking in the big mistake are joining the strike, taking or giving bribes , falsifying company records, and drunk while at work.

16. Describe the disciplinary procedure. -Disciplinary procedures must be in writing and proceedings shall be conducted in accordance with the rules of justice. Workers should be informed in writing of such misconduct. -State who has the power to take any form of disciplinary action.

Full and fast-consideration by the employer against the relevant facts. -Provide opportunities for employees to state his case and the right to union represented employees. Cases of less serious offenses, a warning by the immediate superior. -Cases of serious offenses, warning official in writing stating the circumstances and may be subject to disciplinary action. -Allocating the right to appeal against a disciplinary action to higher management not previously involved. Faridahwati . M.S & et al (2006)

17. State the purpose of the domestic inquiry. -The purpose of the domestic inquiry was to identify and verify the misconduct committed by pekerja.hal include the search for truth, confirming the truth, decided to leave to support allegations, determine who commits misconduct, taking into account the mitigation factors, and recommending the appropriate punishment.

18. State two important elements of natural justice. -No person shall be a judge to achieve his own goals. -No person that is punishable by without being heard.

19. State what should be done by the organization to ensure that disciplinary procedures and policies are implemented effectively? -To train supervisors about when and how disciplinary action is required. -Any disciplinary action should be referred to the past and see the case taken by the heads of
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other departments within the organization. -Documentation in which all steps in the disciplinary procedure should be recorded for reference and to make it easier to defend themselves if any disciplinary cases taken to court. -Disciplinary action should be taken immediately and an investigation is necessary. -Disciplinary action should be free from prejudice and from the personal element is affected.

SUMMARY CHAPTER 11 INDUSTRIAL RELATIONS

1. Definition of Industrial Relations - Communication is the industry refers to the relationship between employers and unionized employees or trade unions. Faridahwati . M.S & et al (2006)

2. Importance of Industrial Relations i) One important aspect of Human Resource Management. ii) To build a harmonious relationship between employers and employees. iii) To ensure that employees receive the justice and prevent conflicts in the organization.

3. Industrial Relations System in Pakistan - Involving the three main parties, namely employers, the workers, and the government. This system is known as three-party system. - The trade union action to safeguard the welfare of its members. - The employer is also acting to protect the interests of stakeholders such as shareholders in the organization. - The government is responsible for formulating policies and regulations to ensure harmonious industrial relations.

4. Unions - Under Section 2 of the Trade Unions Act 1959, the trade union is defined as any employee organization or a combination of their work is in Peninsular Malaysia, Sabah or Sarawak, or a combination of employers who hired workers at their work places in Peninsular Malaysia, Sabah or Sarawak in any trade, occupation or a similar company and whether temporary or permanent.

5. Function of Trade Unions i) Trade unions function as a protection to their members through collective strength. ii) Trade unions can also act as a controller for the economy as trade unions try to maximize the rate of wages or salaries, and ensure that the contract offers the best service to all its members. iii) The unions are also acting to provide support and assistance to its members. The unions provide advice and counseling to their members. There are benefits received from joining a trade union other than the protection for work-related matters. Among them is the insurance services, mortgage and personal loans. iv) In addition to dealing with the employer to reclaim the rights and interests of members, trade unions are also dealing directly with the government. At this stage, the trade unions are usually discussed with the government on employment policy to be introduced or are being implemented by the government. Here, the union acts as an input to the government as representing the workers about their views do not abandon the government's policy for
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members. Faridahwati . M.S & et al (2006)

6. Collective Consultation - Trade unions must be registered under the Registrar of Trade Unions prior to representing the members or employees. Once registered trade union, management will usually recognize it as a formal body representing the workers. - Recognition from management to enable the union to negotiate with the employer to determine the terms and conditions of employment. Collective bargaining process is known as collective bargaining. - It refers to the process of negotiation between employers and workers about the conditions and terms of service. - Issues to be discussed must be agreed to in advance by the management, union representatives and union members. - Collective bargaining process allows the employees to make requests or demands that can improve the conditions of existing jobs. - Four key issues are often negotiated in collective bargaining, the wages or benefits, working hours, terms and conditions of employment and grievances. - The process of collective bargaining i) be prepared to negotiate ii) Develop a negotiation strategy iii) Conduct negotiations IV) Signing of collective agreement Faridahwati . M.S & et al (2006)
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7. Grievances - A grievance occurs when an employee filed a complaint against an employer because of the injustice done to them. - Factors that may create grievances among the workers is: i) The employer ignores the promotion of worker rights should be promoted ii) The employer failed to appreciate the excellent work performed by employees iii) The employer provides the instructions without explaining why the order should be implemented iv) The employer ignores the differences of religious backgrounds, cultures, and nations of the workers v) The employer ignores efforts to improve working conditions Faridahwati . M.S & et al (2006) 8. Company Disputes - Section 2 of the Industrial Relations Act 1967, the trade dispute is defined as "any dispute between employers and employees in connection with the employment and not employment or conditions of employment of any employee." - There are two exceptions that cause an individual grievance can not be represented by a trade union, namely: i) If an employee makes a complaint on the alleged interference by employers against workers' rights to join or not join the union, he may make a complaint directly to the Director General of Industrial Relations.

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ii) If an employee complains that her employer had unfairly throw, he can report to the Department of Industrial Relations and request that the employer return the first position.

9. Corporate Actions - Action the company refers to actions performed by the trade unions or employers. - There are two industrial action by workers who are allowed by the laws of the picket and strike. i) Picket It is the first industrial action by workers. The main goal of the picket is to inform the public and other employees of industrial disputes faced by the workers involved. Picket action can not scare anyone, and can not block the entrance and exit from the organization. It needs to be done safely. ii) Strike it is an act of dismissal by a group of employees and a deliberate attempt to limit or delay the production process. Ab Aziz Yusof (2002). There are two types of strikes namely: *Strikes are related to collective bargaining. If the employer is not willing to provide collective bargaining or no progress during negotiations collective *Strikes are not related to collective bargaining. The factors that cause this strike is a cessation and reduction among workers, promotion, distribution and exchange of staff duties.
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10. Action Employer - This action is in blocking out or closes the door, and the employer is entitled to take action if necessary. - This occurs when the employer does not allow employees to work to end the dispute between the two sides. - Normally, the employer will hire substitutes to replace striking workers. Ab Aziz Yusof (2002).

11. Dispute Resolution Company - Any trade disputes that occur between employers and employees must be solved. - There are four methods to solve trade disputes, namely: i) Negotiations continue The most suitable method The unions and employers on a voluntary basis to meet and discuss dispute . Do until agreement is reached between both sides. Do not involve the intervention of outside parties. ii) Composition Resolution of disputes with the help of a neutral third party. Officers from the Department of Industrial Relations Consultancy Company will conduct the settlement process. iii) Intermediate -Involve a third party.
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-The third party as mediator or mediators can not be composed of government employees. -Intermediaries must be fair and impartial to any party involved in the dispute. iv) The arbitrator Third parties will be given the power to resolve such disputes by examining information on both sides. Third parties will consider the courts in resolving disputes without bias of any party. In Australia, the Industrial Court acts as an arbitrator in resolving trade disputes. Faridahwati . M.S & et al (2006)

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CHAPTER 12 OCCUPATIONAL HEALTH AND SAFETY

Definition:

Occupational health and safety is a discipline with a broad scope involving many specialized fields. In its broadest sense, it should aim at:

the promotion and maintenance of the highest degree of physical, mental and social wellbeing of workers in all occupations;

the prevention among workers of adverse effects on health caused by their working conditions;

the protection of workers in their employment from risks resulting from factors adverse to health;

the placing and maintenance of workers in an occupational environment adapted to physical and mental needs;

The adaptation of work to humans. Overall, efforts in occupational health and safety must aim to prevent industrial accidents and diseases, and at the same time recognize the connection between worker health and safety, the workplace, and the environment outside the workplace. Byars & Rue. (2008)

Occupational health issues are often given less attention than occupational safety issues because the former are generally more difficult to confront. However, when health is addressed, so is safety, because a healthy workplace is by definition also a safe workplace? The converse, though, may not be true - a so-called safe workplace is not necessarily also a healthy workplace.
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The important point is that issues of both health and safety must be addressed in every workplace. By and large, the definition of occupational health and safety given above encompasses both health and safety in their broadest contexts. Byars & Rue. (2008)

The important of OSHA

Work plays a central role in people's lives, since most workers spend at least eight hours a day in the workplace, whether it is on a plantation, in an office, factory, etc. Therefore, work environments should be safe and healthy. Yet this is not the case for many workers. Every day workers all over the world are faced with a multitude of health hazards, such as:

dusts; gases; noise; vibration; Extreme temperatures.

Unfortunately some employers assume little responsibility for the protection of workers' health and safety. In fact, some employers do not even know that they have the moral and often legal responsibility to protect workers. As a result of the hazards and a lack of attention given to health and safety, work-related accidents and diseases are common in all parts of the world.

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Accidents

In general, health and safety in the workplace has improved in most industrialized countries over the past 20 to 30 years. However, the situation in developing countries is relatively unclear largely because of inadequate accident and disease recognition, record-keeping and reporting mechanisms.

It is estimated that at least 250 million occupational accidents occur every year worldwide. 335,000 of these accidents are fatal (result in death). (Since many countries do not have accurate record-keeping and reporting mechanisms, it can be assumed that the real figures are much higher than this.) The number of fatal accidents is much higher in developing countries than in industrialized ones. This difference is primarily due to better health and safety programmed improved first-aid and medical facilities in the industrialized countries, and to active participation of workers in the decision-making process on health and safety issues. Some of the industries with the highest risk of accidents worldwide are: mining, agriculture, including forestry and logging, and construction.

Identifying the cause of an accident

In some cases, the cause of an industrial injury is easy to identify. However, very often there is a hidden chain of events behind the accident which led up to the injury. For example, accidents are often indirectly caused by negligence on the part of the employer who may not have provided adequate worker training, or a supplier who gave the wrong information about a product, etc. The consistently high fatal accident rates in developing countries emphasize the need for occupational health and safety education programmers that focus on prevention. It is equally

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important to promote the development of occupational health services, including the training of doctors to recognize work-related diseases in the early stages.

Hazards

There are an unlimited number of hazards that can be found in almost any workplace. There are obvious unsafe working conditions, such as unguarded machinery, slippery floors or inadequate fire precautions, but there are also a number of categories of insidious hazards (that is, those hazards that are dangerous but which may not be obvious) including:

chemical hazards, arising from liquids, solids, dusts, fumes, vapors and gases; physical hazards, such as noise, vibration, unsatisfactory lighting, radiation and extreme temperatures;

biological hazards, such as bacteria, viruses, infectious waste and infestations; psychological hazards resulting from stress and strain; Hazards associated with the non-application of ergonomic principles, for example badly designed machinery, mechanical devices and tools used by workers, improper seating and workstation design, or poorly designed work practices. Byars & Rue. (2008)

Most workers are faced with a combination of these hazards at work. For example, it is not difficult to imagine a workplace where you are exposed to chemicals, unguarded and noisy machines, hot temperatures, slippery floors, etc. all at the same time. Think about your own workplace. Are there various hazards there that you can think of?

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Workers do not create hazards - in many cases the hazards are built into the workplace. The trade union position on occupational health and safety is to ensure that work is made safer by modifying the workplace and any unsafe work processes. This means that the solution is to remove the hazards, not to try to get workers to adapt to unsafe conditions. Requiring workers to wear protective clothing which may not be suited or designed for the climate of your region is an example of forcing workers to try to adapt themselves to unsafe conditions, which is also shifting the responsibility from management to the worker.

It is important for unions to maintain this position because many employers blame workers when there is an accident, claiming that the workers were careless. This attitude implies that work can be made safer if workers change their behavior or if employers only hire workers who never make mistakes. Everyone makes mistakes it is human nature, but workers should not pay for mistakes with their lives. Accidents do not stop simply by making workers more safety conscious. Safety awareness may help but it does not remove unsafe work processes or conditions. The most effective accident and disease prevention begins when work processes are still in the design stage, when safe conditions can be built into the work process.

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