Industrial Court of Malaysia is also commonly known as the Mahkamah Perusahaan Malaysia in Malay.
Logo of e-Industrial Court
In 1940, the establishment of the Industrial Court was provided under the Industrial Court Enactment 1940 (Federated Malay States) but was never implemented due to the Japanese occupation. This Enactment was repealed and replaced by the Industrial Courts Ordinance 1948 when the Federation of Malaya was formed. This Ordinance provided for voluntarily arbitration for trade disputes.
In 1967, the Industrial Relations Act 1967 was enacted whereby compulsory arbitration was introduced. Any trade dispute which is not resolve through conciliation may be referred to the Industrial Court for arbitration.
The functions of the Industrial Court include hearing and handling down decisions or awards in industrial disputes referred to it by the Minister of Human Resources or directly by the parties and granting cognizance to the collective agreements which have been jointly deposited by the employers or trade union of employers and trade union of employees.
Type of cases which can be referred to the Industrial Court are:
by the Minister of Human Resources: Dismissal (Section 20(3) Industrial Relations Act 1967), Trade Disputes (Section 26 (1) and (2) Industrial Relations Act 1967), and Victimisation (Section 8(2A) Industrial Relations Act 1967); or
direct applications to the Industrial Court: Non-compliance of award or collective agreement (Section 56(1) Industrial Relations Act 1967), Interpretation of award or collective agreement (Section 33(1) Industrial Relations Act 1967), Points of law (Section 33(A) Industrial Relations Act 1967), and Variation of award or collective agreement (Section 33(2) Industrial Relations Act 1967).
When making an award, the Industrial Court is not tied down by technicalities and legal form. It acts according to equity, good conscience and the substantial merits of a case.
An award, decision or order made by the Industrial Court is final and conclusive and cannot be challenged or appealed in any court except by way of reference to the High Court on a question of law under Section 33A of the Industrial Relations Act 1967 [Act 177].
Hearing Process of the Industrial Court of Malaysia
If you have a case pending at the Industrial Court, you can check the status online. Through the e-industrial court system, related parties and the general public can access information on hearing and mention dates, awards and status on individual cases online. Industrial Court's eFiling and eService of documents have been implemented with effect from 1 July 2014.
With effect from 1 January 2019, it is mandatory to use the eFiling and eService services in the Industrial Court Malaysia.
Screenshot of the Industrial Court of Malaysia
The official website of the Industrial Court of Malaysia features:
Online Services: Case Management, Collective Agreement, Hearing Schedule, Search Full Awards, Number of Online Transactions
Court Info: Location of Courts, Types of cases referred to the Court, Reference to Case Number, Statistics, FAQs
Forms Download: Complaint of Non-Compliance (Form S), Summons (Form O), Application for Permission to be Represented by a Legal Practitioner (Form A), Warrant of Authority (Form B), Application for Interpretation of Award or Collective Agreement (Form M), Application for Variation of Award or Collective Agreement (Form N), Application on Points of Law (Form U), Claims for Allowances by Panel Members, Counter Document Check List (Code 04), Collective Agreement Employer Form