Job Seeker Handbook

6. DISPUTE

6.6 Presenting in a Dispute Case

• During conciliation proceedings, you cannot be represented by an advocate, adviser or consultant pursuant to section 19(B)(2) of the Industrial Relations Act 1967.
• You have to represent yourself.
• If you are a member of a trade union, your trade union officers or an employee of your trade union can represent you.
• You can also be represented by an official of an organization of workmen or employee not being a trade union such as the MTUC.
• However, section 27(1) of the Industrial Relations Act 1967 states that in any proceedings before the Court a party may :
  • be represented by an officer or employee of the trade union, where the party is a trade union.
  • appear himself personally or be represented by his duly authorized, employee or an officer or employee of the trade of employers of which he is a member, where the party is an employer.
  • be represented by an officer or employee of the trade union, where the party is a workmen or employer appear himself personally or where he is a member of a trade union of workman or employee.
  • be represented with the permission of the President or the Chairmen, by an advocate or notwithstanding anything to the contrary contained in any written law relating to the registration of trade unions, by any official of an organization (not being a trade union) of employers or workmen, as the case may be registered in Malaysia, where the party is a trade union or an employer or a workman or employee.
• In Industrial Court proceedings, you can get a qualified lawyer to represent you in court. It will be more helpful in your case.

<< 6.5 Unlawfully Dismissed | 6.7 Appeals against Industrial Court Decision >>

Table of Contents

1. Regulation of Employment (HTML)
   1. Hiring
      • 1.1 The Minimum Conditions Set Out For Employment
      • 1.2 The Contract of Service
      • 1.3 Understanding of Probation
      • 1.4 Payment of Wages to Employee
      • 1.5 Leave Entitlement of Employee
      • 1.6 The Maternity Right of Female Employee
      • 1.7 The Working Hours and Rest for Employee
      • 1.8 The Minimum Age of Employee
   2. Firing
      • 2.1 The Circumstances a Contract of Service be Terminated by Either Employer or Employee
      • 2.2 Notice Period Required Terminating a Contract of Service
      • 2.3 Termination without Cause Or Excuse by My Employer
      • 2.4 The Circumstances an Employee as Not Entitled to Termination or Lay-Off Benefits
      • 2.5 Actual Amount of Layoff Benefits Payable
   3. Workmen's Compensation
      • 3.1 The Compensation
      • 3.2 The Law Governing The Workmen's Compensation in Malaysia
      • 3.3 Individual Covered Under The Workmen's Compensation Act 1952
      • 3.4 Foreign Worker Insured by Employer
      • 3.5 What Should Be Done If A Worker Is Involved in an Accident
   4. Sexual Harrassment
      • 4.1 What Is Sexual Harassment?
      • 4.2 Types of Sexual Harassment
      • 4.3 The Differences Between Verbal, Non-Verbal, Visual, Psychological And Physical Harassment
      • 4.4 Law in Malaysia to Deal Specifically with Sexual Harassment
      • 4.5 Chances Of Seeing Justice Being Done
      • 4.6 What Should I Do If I Am Being Sexually Harassed?
   5. Occupational Safety and Health Act
      • 5.1 What Is Occupational Safety and Health Act?
      • 5.2 The Act Affection
      • 5.3 The Written Safety and Health Policy
   6. Dispute
      • 6.1 What Is a Dispute?
      • 6.2 The Industrial Relations Act 1967 Provides
      • 6.3 What Are the Cases That I Can Refer to Industrial Relations?
      • 6.4 Complaint to the Industrial Relations
      • 6.5 Unlawfully Dismissed
      • 6.6 Presenting in a Dispute Case
      • 6.7 Appeals against Industrial Court Decision
   7. Pension
      • 7.1 What Is Pension?
      • 7.2 The Individual Entitled To Pension Benefit
      • 7.3 Circumstances Reducing or Withholding Pension
      • 7.4 Calculation of Pension
      • 7.5 Who Is Deemed to Be A Pensionable Officer?
      • 7.6 Granted a Pension
      • 7.7 Compulsory Retirement
      • 7.8 Optional Retirement
      • 7.9 The Pension Where an Officer Dies in Service
      • 7.10 The Pension Where an Officer Dies After Retirement
      • 7.11 Cease a Pension
      • 7.12 Pension for Disabled Person In The Course Of Performing His Official Duty
      • 7.13 The Rate Payable for Disability Pension
      • 7.14 Is a Pension Assignable?
   8. EPF
      • 8.1 What is Employment Provident Fund (EPF)?
      • 8.2 Contribute Towards the Fund
      • 8.3 The Procedure to Register An Employee With The EPF
      • 8.4 When Should Employer Pay Contribution to EPF
   9. SOCSO
      • 9.1 What Is Social Security Organization (SOSCO)?
      • 9.2 Compulsory Contribute To SOCSO
      • 9.3 Wages Mean For The Purpose Of SOCSO Contribution
      • 9.4 The Coverage Provided To an Insured Person by SOCSO Under ESSA 1969
      • 9.5 The Invalidity Pension Scheme Cover and The Benefits Provided
      • 9.6 The Coverage of Employment Injury Insurance Scheme
      • 9.7 The Rate of SOCSO Contribution
      • 9.8 The Responsibilities of an Employer
      • 9.9 Interest on Contributions Due and Not Paid On Time by Employer
      • 9.10 What About An Employee With Monthly Wages Exceeding RM2,000
      • 9.11 Report an Accident and Make My Claim
      • 9.12 Processing a Claim
      • 9.13 Appeal
2. Statutory Holiday (PDF)
3. Salary Act (PDF)