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Book part
Publication date: 13 April 2015

Balakrishnan Muniapan

There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the…

Abstract

Purpose

There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the sixth principle of labour standard on elimination of discrimination in employment and occupation, in particular the doctrine of constructive dismissal in Malaysian labour relations. Constructive dismissal is creating a new challenge in labour relation in Malaysia.

Methodology/approach

This chapter specifically analyses some of the constructive dismissal awards and its implication to labour relations in Malaysia. The methodology employed in this chapter is the analysis of case laws using criterion-based sampling from the Industrial and Superior Court awards on constructive dismissal.

Findings

There has been an increasing number of awards on constructive dismissal made by the Malaysian Industrial Court over the last nine years. From the year 2009–2013, the Industrial Court has made 663 awards on constructive dismissal, mostly against employers. With compensation awarded to each employee amounted to as much as 24 months of back-pay salary plus a month’s pay for every year of service, employers can no longer neglect this pressing issue.

Research limitations/implications

The concept of constructive dismissal falls within the purview of section 20 of the Industrial Relations Act 1967 in Malaysia. Constructive dismissal is a ‘deemed dismissal’ if an employer is guilty of a breach of the employment contract which goes to the root of the contract. It arises when a workman terminates his/her contract of employment and considers himself/herself discharged from further obligations because of the employer’s conduct.

Practical implications

With a good understanding of the constructive dismissal awards, it is expected that organizations will manage and treat their human resources as their greatest assets and prevent constructive dismissal claims from taking place. This will eventually help to improve and maintain harmonious labour relations. This chapter is likely to provide insights into the Malaysian labour relations environment for international business operations.

Originality/value

In the context of Malaysian labour relations, studies on constructive dismissal are limited as it is considered as a new area and a specific area of study. This chapter therefore hopes to fill the existing gap in the literature, to highlight some of the recent awards and lessons to prevent constructive dismissal claims from taking place and generally to contribute to the constructive dismissal literature.

Details

Beyond the UN Global Compact: Institutions and Regulations
Type: Book
ISBN: 978-1-78560-558-1

Keywords

Abstract

Details

The CASE Journal, vol. 8 no. 2
Type: Case Study
ISSN: 1544-9106

Article
Publication date: 1 June 2005

Margaret Grieco and Mhinder Bhopal

This article aims to explore the use of new information communication technology by the Malaysian labour movement. New information communication technologies are undoubtedly…

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Abstract

Purpose

This article aims to explore the use of new information communication technology by the Malaysian labour movement. New information communication technologies are undoubtedly globalising, but these same technologies can also be used by labour to retrieve and re‐achieve a more equitable balance between labour and capital. The low transaction costs of the new information communication technology, and the universal reach of these same technologies, provide the labour movement with a critical new tool for organising and bargaining. Malaysia provides us with a useful example of this new context.

Design/methodology/approach

The authors e‐interviewed Malaysian labour activists and reviewed Malaysian labour and human rights web sites to develop a framework in which the discussion of global counter‐coordination by labour could be situated. This article provides case material from Malaysian web sites to demonstrate the importance of this technology in labour advocacy within Malaysia and in its connection with the outside world. These demonstrations of connectivity support the proposition of the paper that the new information technology affords the opportunity for the development of global union practices.

Findings

The article finds that the Malaysian labour movement is aware of the power of global relay that the technology provides it with and harnesses this power in its interaction with the state.

Research limitations/implications

The level of electronic activity by the labour movement may be under‐recorded in this assessment, as the resources were not available to determine the volume of electronic mailing which takes place within the Malaysian labour relations environment.

Practical implications

This article provides the international labour movement with a perspective of the new information communication technology, which can have practical consequences for action: meta‐coordination structures are required at the level of information exchange.

Originality/value

This article draws attention to the “power of global relay” as a new feature in the politics of labour. This insight requires further theorisation and should be of interest within a range of disciplines concerned with critical approaches to change and power.

Details

Critical perspectives on international business, vol. 1 no. 2/3
Type: Research Article
ISSN: 1742-2043

Keywords

Book part
Publication date: 1 January 2006

Dae Yong Jeong and John Lawler

This paper proposes a new theoretical framework to explain enterprise unionism and conducts the first systematic comparative study of union structure in nine Asian countries. Our…

Abstract

This paper proposes a new theoretical framework to explain enterprise unionism and conducts the first systematic comparative study of union structure in nine Asian countries. Our framework emphasizes political dynamics and the role of the state in labor relations and argues that the initial period of the collective bargaining era constituted a critical juncture (state labor policy) that occurred in distinctive ways in different countries and that these differences played a central role in shaping the different union structures in the following decades. The nine countries are mainly divided into three groups, depending on the type of state labor policy: enforcement of enterprise unionism; centralization/laissez-faire (non-enterprise unionism); and dual unionism/gradual transition (middle-ground). Governmental data were used for the study. A clear correspondence between state labor policy and union structure in each of these groups was found. We believe that our framework significantly enhances our understanding of the Asian cases. Future research should explore the validity of the proposed framework through comparative studies of Latin American cases where enterprise unions have also been observed.

Details

Advances in Industrial & Labor Relations
Type: Book
ISBN: 978-1-84950-470-6

Article
Publication date: 23 October 2020

Adrian T.H. Kuah, Chang H. Kim and Stéphane Le Queux

This paper examines cases of multiculturalism in Singapore and Malaysia. Through causal sociocultural mechanisms, the authors observe how two countries in proximity, with shared…

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Abstract

Purpose

This paper examines cases of multiculturalism in Singapore and Malaysia. Through causal sociocultural mechanisms, the authors observe how two countries in proximity, with shared histories and demographic profiles, achieve differing outcomes in regard to social cohesion and competitiveness.

Design/methodology/approach

The paper employs case-centric process tracing (CPT) to build a “plausible” explanation of causal mechanisms that can contribute to social cohesion and competitiveness. The authors adopt a common analytical framework to distil the nuances of generalizability and a cross-case analysis in order to ascertain factors that enable multiculturalism.

Findings

Different causal mechanisms result in diverging outcomes in the two countries. In managing multiculturalism, Singapore has pursued policy actions emphasizing “integration and pragmatism,” while Malaysia has followed a model of “separation and preferentialism.” Judging by a selected number of established indicators, Singapore's multiculturalism outcomes seem more successful than that of Malaysia in respect to areas of national competitiveness and interethnic tolerance.

Practical implications

This paper sheds insights on the policy actions that promoted multicultural integration. The process tracing approach is found to be a useful tool in helping policymakers understand how intrinsic mechanisms can contribute to more/less desirable socioeconomic outcomes.

Originality/value

Together with the evidence using the CPT approach, the paper draws attention to multiculturalism evolving through distinctive sets of public policy. The authors ultimately suggest that such policies can be paralleled to the function played by institutions in leading to “varieties of capitalism” and have an impact on achieving cohesive and competitive societies.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 40 no. 3
Type: Research Article
ISSN: 2040-7149

Keywords

Book part
Publication date: 1 February 2009

M. Dutta

The introduction of the 22 member countries of the 4+10+2+6 model of the Asian economy is the immediate task. Japan, Korea, China, India, Indonesia, the Philippines, Brunei…

Abstract

The introduction of the 22 member countries of the 4+10+2+6 model of the Asian economy is the immediate task. Japan, Korea, China, India, Indonesia, the Philippines, Brunei Darussalam, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Laos, and Myanmar constitute the now-famous 4+10 model. Following the principle of inclusion, Mongolia, Chinese Taipei, Bangladesh, Bhutan, Nepal, Pakistan, the Maldives, and Sri Lanka, as they belong to the regional map of the continent of Asia, are the eight remaining member countries (see Chapter 1). An overview of Asia's 22 member continental economy the AE-22, with its 3.6 billion people (2006) who have made the region of Asia their home in a land area of 20.5 million km2 should be welcome. To put these figures in perspective, the AE-22 comprises only 13.7 percent of the world's land area, but is home to over half the world's population. Tables 2.1–2.4, presented below, illustrate the various figures relating to population, land area, GDP, and GDP per capita of the member nations of the AE-22.

Details

The Asian Economy and Asian Money
Type: Book
ISBN: 978-1-84855-261-6

Article
Publication date: 11 December 2019

Wee Chan Au, Uracha Chatrakul Na Ayudhya, Yan Soon Tan and Pervaiz K. Ahmed

The purpose of this paper is to explore the work-life (WL) experiences of live-in women migrant domestic workers (MDWs), who represent a significant proportion of migrant workers…

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Abstract

Purpose

The purpose of this paper is to explore the work-life (WL) experiences of live-in women migrant domestic workers (MDWs), who represent a significant proportion of migrant workers globally. MDWs play a key role in enabling the work-life balance (WLB) of others, namely the middle-class households that employ them. Yet, their experiences have largely been invisible in mainstream WL literature. The authors draw on an intersectional approach to frame the WL experiences of this marginalized group of women at the intersection of being secondary labour segment workers, with significant legal and employment restrictions as migrant workers, who work and live in the same place as their employers.

Design/methodology/approach

Qualitative interviews were conducted with 13 women MDWs from Indonesia and the Philippines working in Malaysia. The women talked about the meaning of work as MDWs, how they maintain familial connections whilst working abroad, and how they negotiate their WLB as live-in workers. Thematic analysis of the interviews focused on the intersection of the women’s multiple dimensions of disadvantage, including gender, class and temporary migrant-foreigner status, in shaping their accounts of the WL interface.

Findings

Three thematic narratives highlight that any semblance of WLB in the MDWs’ lived experience has given way to the needs of their employers and to the imperative to earn an income for their families back home. The themes are: working as MDWs enables the women and their families back home to have a life; the co-existence of WL boundary segmentation and integration in relation to “real” and “temporary” families; and the notion of WLB being centred around the women’s ability to fulfil their multiple duties as MDWs and absent mothers/sisters/daughters.

Research limitations/implications

The study is based on a small sample of live-in women MDWs in Malaysia, intended to promote typically excluded voices and not to provide generalizable findings. Accessing potential participants was a considerable challenge, given the vulnerable positions of women MDWs and the invisible nature of their work.

Practical implications

Future research should adopt a multi-stakeholder approach to studying the WL experiences of women MDWs. In particular, links with non-governmental organizations who work directly with women MDWs should be established as a way of improving future participant access.

Social implications

The study underscores the existence of policies and regulations that tolerate and uphold social inequalities that benefit primary labour segment workers to the detriment of secondary labour segment workers, including women MDWs.

Originality/value

Extant WL literature is dominated by the experiences of “the ideal work-life balancers”, who tend to be white middle-class women, engaged in professional work. This study offers original contribution by giving voice to a taken-for-granted group of women migrant workers who make other people’s WLB possible. Moreover, the study challenges WL research by underscoring the power inequities that shape the participants’ marginal and disadvantaged lived experience of work, life, family and WLB.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 39 no. 5
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 22 July 2021

Hamizah Abd Hamid and André M. Everett

This study aims to explore the co-ethnic relations of migrant entrepreneurs (MEs) from advanced economies in a developing country, specifically in the context of co-ethnic ties…

Abstract

Purpose

This study aims to explore the co-ethnic relations of migrant entrepreneurs (MEs) from advanced economies in a developing country, specifically in the context of co-ethnic ties among Korean migrant entrepreneurs (KMEs) operating business ventures in Malaysia.

Design/methodology/approach

This research is outlined by an embeddedness view and uses a qualitative approach using a single case study design.

Findings

For KMEs, in-group co-ethnic ties are mobilised in a relatively more structured manner coalescing personal and entrepreneurial endeavours, particularly demonstrating the dynamics of co-ethnic ties and the home country’s development levels. The findings lead to a model of migrant entrepreneurship for MEs from a more developed nation.

Originality/value

The theoretical value of this study lies in its clarification of the role of in-group ties in the setting of changing economic development levels and migration. Practice-wise, the findings on the adoption of co-ethnic ties that span formal, informal and transnational boundaries may inform migrants who are considering opportunities in less developed host countries, and assist stakeholders in developing policies concerning migrant communities and their ventures.

Details

Journal of Entrepreneurship in Emerging Economies, vol. 14 no. 4
Type: Research Article
ISSN: 2053-4604

Keywords

Article
Publication date: 7 August 2007

Raduan Che Rose and Naresh Kumar

The purpose of this research is to empirically examine the extent to which the Japanese‐style human resource management (HRM) model is being transferred to subsidiaries, given the…

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Abstract

Purpose

The purpose of this research is to empirically examine the extent to which the Japanese‐style human resource management (HRM) model is being transferred to subsidiaries, given the contextual characteristics of the Malaysian environment.

Design/methodology/approach

The transferability of Japanese‐style HRM is examined through an analysis of the policies and practices of 69 Japanese subsidiaries and focuses on the following specific areas of HRM: employment policies and practices, remuneration systems and career development policies and practices; and management strategies and workplace industrial relations practices.

Findings

Overall, the findings suggest that the key elements associated with the Japanese‐style HRM as described in most of the literature are either present to a very limited degree or completely absent. It seems clear that the transfer of the distinctive Japanese‐style HRM, and especially the “four pillars” is not a priority of management. To a certain extent, most companies seem uncomfortable with the characteristics of the local labor. However, the HRM policies and practices in the companies surveyed are not simply the result of the limitation of the local environment and resources; rather they are “opportunist” management strategies which, by taking account of these contextual limits, seek to control the subsidiaries' operations.

Originality/value

By confirming many of the findings of research on the HRM policies and practices of Japanese subsidiaries, especially in other developing countries and, to a certain extent, some developed countries, this study demonstrated that while “technical” elements (the hardware) of the Japanese model are readily being transferred, most of the HRM elements (the software) are adapted in significant, and not always subtle ways. Thus, the issue of the transfer of Japanese‐style HRM abroad in general and in Malaysia particularly is not so much a question of whether the Japanese want to transfer their distinctive policies and practices as of whether they need, or indeed are able, to do so. The findings of this study also demonstrate that what most Japanese subsidiaries achieve is a system of labor control – this is the essential purpose of the HRM practices under considerations: to make the production methods work and enable the company to make and sustain profit – and indeed what the Japanese have achieved and secured in Malaysia is a highly effective system of control (given local conditions).

Details

Cross Cultural Management: An International Journal, vol. 14 no. 3
Type: Research Article
ISSN: 1352-7606

Keywords

Article
Publication date: 1 January 1985

Since the first Volume of this Bibliography there has been an explosion of literature in all the main areas of business. The researcher and librarian have to be able to uncover…

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Abstract

Since the first Volume of this Bibliography there has been an explosion of literature in all the main areas of business. The researcher and librarian have to be able to uncover specific articles devoted to certain topics. This Bibliography is designed to help. Volume III, in addition to the annotated list of articles as the two previous volumes, contains further features to help the reader. Each entry within has been indexed according to the Fifth Edition of the SCIMP/SCAMP Thesaurus and thus provides a full subject index to facilitate rapid information retrieval. Each article has its own unique number and this is used in both the subject and author index. The first Volume of the Bibliography covered seven journals published by MCB University Press. This Volume now indexes 25 journals, indicating the greater depth, coverage and expansion of the subject areas concerned.

Details

Management Decision, vol. 23 no. 1
Type: Research Article
ISSN: 0025-1747

Keywords

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