Title of article :
Employer’s Managerial Prerogative Right: An Evaluation of its Relevancy to the Employer- Employee Relationship
Author/Authors :
Shahrilnizam ، M. نويسنده , , Balakrishnan ، P. نويسنده , , Murshamsul، M.K نويسنده ,
Issue Information :
فصلنامه با شماره پیاپی سال 2015
Abstract :
The contract of employment is the main instrument governing an employment
relationship, with explicit deliberations on the rights and duties of parties to the contract,
namely the employer and the employee. In a collective bargaining process, trade unions
will scrutinise the terms and conditions of a contract of employment to seek possibilities
of engaging and expanding the employer’s managerial prerogative right in the bargaining
process to maintain industrial harmony. Section 13 of the Industrial Relations Act 1967 has
limited trade unions from encroaching on the employer’s managerial prerogative rights in
a collective bargaining process. Thus, employers are vested with vast discretionary power
in the exercise of their day-to-day management duties. This particular section has triggered
the query as to whether managerial prerogative right is absolute and unchallengeable
by employees. The purpose of this article is to investigate the relevancy of managerial
prerogative on the employer-employee relationship. As an initial study into the concept
of managerial prerogative right, the methods used are the doctrinal analysis of statutory
provisions, judicial decisions and relevant government policies.
Keywords :
Contract of employment , employer’s managerial prerogative , Industrial Relations Act 1967 , employer and employee relationship
Journal title :
Pertanika Journal of Social Sciences and Humanities (JSSH)
Journal title :
Pertanika Journal of Social Sciences and Humanities (JSSH)