Adalah agak menyedihkan bahawa perundangan lengkap berkenaan hak pekerja dan kesatuan sekerja tidak dengan jelas terpapar di laman web Malaysian Trade Union Congress(MTUC) dan laman web kesatuan yang lain. Adalah juga sedih ianya tidak terpapar dalam laman web Kementerian berkenaan, Industrial Court, IRD dan Jabatan berkenaan. Bagaimana pekerja dan kesatuan boleh mengunakan undang-undang untuk mempertahankan hak mereka juka undang-undang itu sendiri tidak senang diketahui atau dijumpai. Justeru, Blog ini jumpa membantu dengan memaparkan Industrial Court Rules 1967 - yang dibuat berasaskan kuasa yang diberikan oleh Industrial Relations Act 1967
Akta lain yang boleh ditemui di Laman web Industrial Court adalah -
Kini hanya undang-undang asas dipaparkan tetapi malangnya undang-undang subsidiary saperti Industrial Court Rules dan banyak lagi tidak dipaparkan.
INDUSTRIAL
COURT RULES 1967
Preamble
IN exercise of the powers conferred by section 25
of the Industrial Relations Act, 1967, the President, with the approval of the
Minister, makes the following rules governing the procedure and proceedings of
the Industrial Court.
PRELIMINARY
1 Citation.
These rules may be cited as the Industrial
Court Rules, 1967, and shall be deemed to have come into force on the 24th
day of August, 1967.
2 Interpretation
In these rules, unless the context otherwise
requires, words therein shall have the same meaning as given to them by the
Industrial Relations Act, 1967, and in addition-
"Act" means the Industrial Relations
Act, 1967;
"Case" means any trade dispute or
matter referred to the Court by the Minister and any other matter required to
be determined or considered by the Court under the provisions of the Act;
"Form" means the appropriate form set
out in the Schedule to these Rules;
"Premises of the Court" means the
premises situated at Jalan Mahkamah Persekutuan, Kuala Lumpur or such other
premises as the President may from time to time declare to be the premises of
the Court;
"President" means the President of the
Court appointed under the Act and includes, where the context and the Act so
admit, the Chairman of a Division of the Court constituted under section 23 of
the Act.
REPRESENTATION
IN COURT
3 Legal Practitioners.
(1) Any party seeking, under the provisions of
section 27 of the Act, the permission of the President to be represented at the
proceedings before the Court by a legal practitioner shall make application in
triplicate in Part 1 of Form A.
(2) The Secretary shall serve a copy of Form A on
the other party.
(3) Such other party may signify in Part 11 of
the Form objections if any, to the application made in Part 1. If the Form be
not returned to the Secretary at the premises of the Court within five days of
the date of service, no objections to the application made subsequent thereto
will be entertained.
4 Warrant of Authority.
(1) Any party who intends to be represented at
the proceedings before the Court by a representative under the provisions of
section 27 of the Act shall sign a warrant of authority in favour of such
representative in Form B.
(2) A party appearing before the Court by a
representative shall be bound by the acts of that representative.
5 Description of Parties.
In all proceedings before
the Court, an employer who is a party and is represented by a trade union of
employers and workmen who are parties and are represented by a trade union of
workmen shall be described by the name of such trade union.
COLLECTIVE
AGREEMENTS
6 Submission of Collective Agreement for cognizance.
Upon a collective
agreement being deposited with the Secretary under the provisions of section
16(1) of the Act, the Secretary shall bring it to the notice of the Court for
cognizance in Form C.
7 Requirement to Amend.
(1) A requirement under the provisions of section
16(2)(b) of the Act that such part of a collective agreement as does not
comply with section 14 of the Act shall be amended in such manner as the Court
may direct shall be in Form D.
(2) The place, date and time for the parties to
attend to carry out the directions of the Court shall be fixed by the President
and shall be endorsed on the requirement to amend.
(3) The Secretary shall serve such requirement to
amend endorsed as aforesaid on the parties to the collective agreement.
(4) If any party objects to the amendments
directed to be made, the President shall fix the date on which the matter will
be heard.
(5) Upon such date being fixed, the Secretary
shall serve notice thereof in Form E.
CASES
BROUGHT BEFORE THE COURT
8 Fixing of dates for hearing.
(1) Upon a case being brought before the Court,
the Secretary shall immediately serve notice in Form F of the place, date and
time for mention of the case before the President.
(2) Notwithstanding the absence of any party at
the place, date and time prescribed by paragraph (1), the President may fix
dates for hearing of the case and no application for any alteration of the
dates will be entertained except under very exceptional circumstances.
(3) Upon the dates for hearing being fixed, the
Secretary shall serve notice thereof in Form G.
9 Statement of Case
(1) Upon a case being brought before the Court,
the Secretary shall immediately serve notice in Form H on one or other of the
parties as the President shall direct to submit to the Court a Statement of
Case.
(2) Within seven days from the date of service of
such notice or within such extended time as may be permitted by the President,
the party served (hereinafter referred to as "the first party")
shall, in submitting his Statement of Case to the Court, deliver to the
Secretary at the premises of the Court during office hours or forward to him at
such premises by A.R. Registered Post six copies of such Statement of Case.
(3) Such Statement of Case shall be confined to
the issues which are included in the Case referred to the Court by the Minister
or in the matter required to be determined by the Court under the provisions of
the Act and shall contain-
(a) a statement of all relevant facts and
arguments;
(b) particulars of decisions prayed for;
(c) an endorsement of the name of the
first party and of his address for service; and
(d) as an appendix or attachment, a bundle
of all relevant documents relating to the case.
(4) Should a Statement of Case fail to comply
with the provisions of the preceding paragraph, it may be rejected by the
President whereupon the Secretary shall serve notice in Form 1 on the first
party to submit a fresh Statement of Case and the provisions of paragraphs (2)
and (3) of this rule shall apply.
(5) The Secretary shall serve a copy of the
Statement of Case or fresh Statement of Case, as the case may be, on the
opposite party.
10 Statement in Reply
(1) Upon the Secretary serving a copy of a
Statement of Case on the opposite party, he shall also serve notice in Form J
on such party to submit to the Court a Statement in Reply.
(2) Within seven days from the date of service of
such notice or within such extended time as may be permitted by the President,
the opposite party shall, in submitting his Statement in Reply to the Court,
deliver to the Secretary at the premises of the Court during office hours or
forward to him at such premises by A.R. Registered Post six copies of such
Statement in Reply.
(3) Such Statement in Reply shall be confined to
the matters raised in the Statement of Case and to any issues which are
included in the case referred to the Court by the Minister or in the matter
required to be determined by the Court under the provisions of the Act and
which may have been omitted from the Statement of Case and shall contain-
(i) a statement of all relevant facts and
arguments;
(ii) particulars of decisions prayed for;
(iii) an endorsement of the name of the opposite
party and of his a address for service; and
(iv) as an appendix or attachment, a bundle of
all relevant documents relating to the case and which have not already been
included in the Statement of Case.
[(3)(b) Deleted
PU(A) 175/1991]
(4) Should a Statement in Reply fail to comply
with the provisions of the preceding paragraph (3), it may be rejected by the
President whereupon the Secretary shall serve notice in Form K on the opposite
party to submit a fresh Statement in Reply and the Provisions of the preceding
paragraphs (2) and (3) of this rule shall apply.
(5) The Secretary shall serve a copy of the
Statement in Reply or fresh Statement in Reply, as the case may be, on the
first party.
11 Rejoinder.
(1) The first party may and, if directed by the
President, shall submit to the Court a Rejoinder to the Statement in Reply
within seven days from the date of service on him of the Statement in Reply by
delivering to the Secretary at the premises of the Court during office hours or
forwarding to him at such premises by A.R. Registered Post six copies of such
Rejoinder.
(2) Such Rejoinder shall relate only to such of
the matters as have been raised or alluded to in the Statement in Reply, and in
other respects the provisions of Rule 10 (Statement in Reply) shall apply mutatis
mutandis.
PARTY
ADDED
12 Joinder Substitution.
Whenever in any case the Court has, under the
provisions of section 29(a) of the Act, ordered that any party be joined
or substituted, the Secretary shall serve a summons in Form L on such party to
appear before the Court.
13 Statements upon party joined or substituted
Upon a party being joined
or substituted, he shall submit to the Court a Statement of Case or Statement
in Reply, as the case may be, and the provisions of Rule 9 (Statement of Case),
Rule 10 (Statement in Reply) and Rule 11 (Rejoinder) shall apply mutatis
mutandis.
INTERPRETATION
OF VARIATION
14 Interpretation of Award or Collective Agreement
(1) An application made under section 33(1) of
the Act for a decision on any question arising as to the interpretation of any
award or collective agreement taken cognisance of by the Court shall be made by
delivering to the Secretary at the premises of the Court during office hours or
forwarding to him at such premises by A.R. Registered Post six copies of the
application in Form M.
(2) The place, date and time for the hearing of
the parties on the question shall be fixed by the President and notified to the
parties by the Secretary by endorsement on the application.
(3) The Secretary shall serve copies of such
application endorsed as aforesaid on the parties bound by the award or
collective agreement.
15 Variation of Award or Collective Agreement
(1) An application made under section 33(2) of
the Act for the variation of any of the terms of an award or collective
agreement shall be made by delivering to the Secretary at the premises of the
Court during office hours or forwarding to him at such premises by A.R.
Registered Post six copies of the application in Form N.
(2) The place, date and time for the hearing of
the parties on the application shall be fixed by the President and notified to
the parties by the Secretary by endorsement on the application.
(3) The Secretary shall serve copies of such
application endorsed aforesaid on the parties bound by the award or collective
agreement.
SUMMONS
TO APPEAR
16 Summons.
A summons issued by the
Court requiring any party or person to appear before it or to produce documents
under the provisions of paragraphs (b) and (c) of section 29 of
the Act shall be in Form O.
SERVICE
17 Address for Service.
(1) Every document which is delivered or
forwarded to the Secretary in connection with any matter before the Court shall
be endorsed with the name and address of the party delivering or forwarding the
same and that address shall be taken to be the address for service of that
party.[(1) Am. PU(A) 203/2007:r.2]
(2) For the purpose of these Rules, .document.
includes a summons or notice.[(2) Ins. PU(A)
203/2007:r.2]
18 Service
Any document required to be served may be served
by the Registrar or by any person authorized by the President or Registrar.[18. Subs. PU(A) 203/2007:r.3]
19 Manner of Service.
(1) Service of a document on a person other than
a body corporate, firm, society, trade union or other unincorporated body may
be effected by.
(a) leaving it with the person;
(b) tendering it to that person; or
(c) posting it by A.R. Registered Post
addressed to that person at his address for service.
(2) Service of a document upon a body corporate
may be effected by.
(a) leaving it with the President,
Chairman, Secretary, Treasurer or any other officer responsible for the
management of the body corporate;
(b) tendering it to the President,
Chairman, Secretary, Treasurer or any other officer responsible for the
management of the body corporate; and
(c) posting it by A.R. Registered Post
addressed to the President, Chairman, Secretary, Treasurer or any other officer
responsible for the management of the body corporate at the registered office
or place of business of the body corporate or at its address for service.
(3) Service of a document on a firm, which is a
partnership or sole proprietorship, may be effected by.
(a) leaving it or tendering it with a
partner of the firm or the sole proprietor, as the case may be; or
(b) posting it by A.R. Registered Post
addressed to the sole proprietor or a partner of the firm at the registered
address or place of business of the firm.
(4) Service of a document on a trade union may be
effected by.
(a) leaving it with the President, the
Secretary, the Treasurer or other officer of a trade union;
(b) tendering it to the President, the
Secretary, the Treasurer or other officer of the trade union; or
(c) posting it by A.R. Registered Post
addressed to the President, the Secretary, the Treasurer or other officer of
trade union at the registered office for the trade union or at its address for
service.
(5) Service of a document on a society or any
other unincorporated body may be effected by.
(a) leaving it or tendering it with the
President, Chairman, Secretary, Treasurer or other similar officer thereof; or
(b) posting it by A.R. Registered Post
addressed to the President, Chairman, Secretary, Treasurer or other similar
officer thereof at its registered address or place of business or place where
its activity or affairs are conducted.[19.
Subs. PU(A) 203/2007:r.4]
20 Substituted Service.
The President may make such order for substituted
service of any document as he may think fit.[20.
Am. PU(A) 203/2007:r.5]
21 Date of Service
The date of service of
any document shall be taken to be the date on which such document has been left
or tendered or posted or affixed in accordance with the provisions of Rule 19
or as ordered under the provisions of Rule 20.
21A Procedure before hearing.
(1) Before the hearing, the President may call
upon the parties to submit to the Court, within fourteen days of the date fixed
for hearing, an agreed bundle of documents relating to the case and an agreed
statement of facts, if any. Such agreed bundle and agreed statement of facts
shall form part of the documentary evidence.
(2) The President may, if he thinks fit, permit
any party to state the evidence of its witness by way of affidavit and/or
affidavit-in-reply at least one month before the date of hearing. If such a
course of action is taken, the President shall, on an application to be made by
the opposite party within fourteen days of service of the affidavit, require
the deponent of such affidavit to be present and be-examined orally at the
hearing.
(3) Such affidavit and examination arising
therefrom shall form part of the record and proceedings of the Court.
21B Notice to produce documents.
(1) The Court may, if it appears desirable in the
interests of justice and upon an application being made, order by way of
summons any party-
(a) to state on oath orally or by
affidavit about documents he has or he has had in his possession or power
relating to the matters in question; and
(b) to produce any documents in his
possession or power.
(2) A summons to produce documents shall be in
Form P.
PROCEDURE
AT HEARING
22 Procedure at Hearing
(1) At the hearing, the President shall call upon
such party as he may think fit to state his case and to adduce evidence, if
any, in support thereof.
(2) The opposite party shall thereafter state his
case and adduce evidence, if any, in support thereof.
(3) The first party shall then be at liberty to
reply to the matters raised by the opposite party and thereafter the opposite
party shall be at liberty to reply to the matters raised by the first party in
his reply.
(4) No further submissions or statements may be
made except by leave of the President.
23 Proceedings in Public
The proceedings before
the Court shall be held in public, provided that the Court may, by virtue of
its powers under section 29(e) of the Act, direct that any witness shall
be examined or its proceedings or any part thereof shall be conducted in
private.
24 Oath or Affirmation
An oath shall be
administered in Form Q and an affirmation in Form R.
24A Enforcement of award on non-compliance
(1) A complaint of any term of any award or
collective agreement which has been taken cognizance of by the Court has not
been complied with shall be lodged with the Court in Form S.
(2) When the Court makes an order of
non-compliance against any party and such order has not been complied with, the
Registrar of the Court may, at the request of either party, send a certified
copy of the order to the Senior Assistant Registrar of the High Court or the
Registrar of the Sessions Court, as the case may be, and the said Senior
Assistant Registrar or the Registrar shall cause a copy of such order to be
recorded and thereafter the said order shall, for all purposes, be enforceable
as ajudgement of the High Court or the Sessions Court in accordance with the
Rules of the High Court or the Sessions Court.
(3) The order of the Court shall be in Form T.
24B Reference to the High Court on a question of law.
(1) An application made under section 33A of the
Act for any question of law to be referred to the High Court shall be in Form
U.
(2) The place, date and time for the hearing of
the application shall be fixed by the President and notified to the parties by
the Registrar by endorsement on the application.
(3) The Registrar shall serve copies of such
application endorsed as aforesaid on the parties bound by the award.
FORMS
25 Forms not prescribed.
Where a form is not prescribed or where a
prescribed form is not suitable to the circumstances of a particular case,
forms prescribed may wherever possible be adapted to meet such case; otherwise
the form shall be such as the President may direct or approve for the purposes
of the particular case.
SCHEDULE
FORMS
Form A - Application for
Permission to be Presented by Legal Practitioner (Rule 3)
Form B - Warrant of
Authority (Rule 4)
Form C - Submission of
Collective Agreement for Cognizance (Rule 6)
Form D - Requirement to
Amend (Rule 7(1))
Form E - Notice of
Hearing on Amendments (Rule 7(5))
Form F - Notice of
Mention of Case (Rule 8(1))
Form G - Notice of
Hearing (Rule 8(3))
Form H - Statement of
Case (Rule 9(1))
Form I - Fresh Statement
of Case (Rule 9(4))
Form J - Statement in
Reply (Rule 10(1))
Form K - Fresh Statement
in Reply (Rule 10(4))
Form L - Summons to Party
Joined/Substituted (Rule 12)
Form M - Application for
Interpretation of Award/Collective Agreement (Rule 14)
Form N - Application for
Variation of Award or Collective Agreement (Rule 15)
Form O - Summons (Rule
16)
Form P - Summons to
Produce Documents Only (Rule 21B)
Form Q - Oath (Rule 24)
Form R - Affirmation
(Rule 24)
Form S - Complaint of
Non-Compliance (Rule 24A(1))
Form T - Order of Court
(Rule 24A(3))
Form U - Application on
Points of Law (Rule 24B)
Note: It is always best to check and verify whether the Rules have been changed - these Rules, are correct as of 1/5/2015, I believe. The Forms are also in the Rules - and do look at the Rules for the forms.
