National Wages Consultative Council Act 2011 Part II — National wages consultative council

s 3

A council by the name of the “National Wages Consultative Council” is established.

Functions and powers of the Council

s 4

(1) The functions of the Council shall be— (a) to advise the Government on all matters relating to minimum wages, including its development at the international level; (b) to make recommendations to the Government on the minimum wages rates and coverage according to sectors, types of employment and regional areas, and other matters relating to minimum wages and wages; (c) to consult the public on the minimum wages rates and coverage; (d) to collect and analyse data and information and to conduct research on wages and the socioeconomic indicators; (e) to coordinate and supervise, and to evaluate the impact of, the implementation of minimum wages; (f) to review the minimum wages order; (g) to deliberate on all matters relating to minimum wages; (h) to disseminate information and analysis on wages; and (i) to carry out any other functions as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions. (2) The Council shall have the power to do all things expedient or reasonably necessary for or incidental to the performance of its functions.

Membership of the Council

s 5

(1) The Council shall consist of the following members who shall be appointed by the Minister by notification in the Gazette: (a) a Chairman; (b) a Deputy Chairman; (c) a Secretary; (d) at least 5 members from amongst the public officers; (e) at least 5 members representing the employees; (f) at least 5 members representing the employers; and (g) at least 5 other members. (2) The Chairman, Deputy Chairman and the members of the Council referred to in paragraph (1)(g) shall be appointed from amongst persons— (a) who are not the public officers, employers or members of any trade union; and (b) who, in the opinion of the Minister, have knowledge, experience and expertise in matters relating to labour and industrial relations. (3) The Secretary appointed under paragraph (1)(c) shall be a public officer. (4) The members of the Council referred to in paragraphs (1)(c) and (d) shall be appointed by office. (5) The number of members of the Council appointed under paragraph (1)(e) shall be the same as the number of members of the Council appointed under paragraph (1)(f) at any one time. (6) The Council shall consist of members not exceeding twentynine persons at any one time.

Temporary exercise of functions of the Chairman

s 6

(1) The Deputy Chairman shall act as the Chairman for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to carry out his functions. (2) The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman.

Secretary

s 7

(1) The Secretary shall be responsible— (a) to manage the affairs of the Council; (b) to implement the decisions of the Council; and (c) to carry out any other duties as directed by the Council. (2) The Secretary shall, in carrying out his responsibilities, act under the power and direction of the Council.

Tenure of office

s 8

(1) The members of the Council shall hold office for a term not exceeding three years and may be reappointed. (2) Notwithstanding subsection (1), the members of the Council appointed under paragraphs 5(1)(c) and (d) shall hold office until the appointment is revoked under subsection 10(1).

Allowances

s 9

The members of the Council shall be paid such allowances as the Minister may determine.

Revocation of appointment and resignation

s 10

(1) The Minister may, at any time, revoke the appointment of a member of the Council. (2) A member of the Council may resign from office by giving thirty days’ written notice to the Minister.

Vacation of office

s 11

(1) The office of a member of the Council shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; (e) he absents himself from two consecutive meetings of the Council without leave of the Chairman, or in the case of the Chairman, without leave of the Minister; (f) his resignation is accepted by the Minister; or (g) his appointment is revoked by the Minister. (2) If the office of a member of the Council is vacated, the Minister may, if necessary, appoint another person to hold the office for the remaining period vacated by that member or for an interim period until a new member is appointed to that office, as the Minister thinks fit.

Meetings

s 12

(1) The Council shall meet at least four times in a year as the Chairman may determine. (2) At least fourteen days’ notice in writing or by electronic mail shall be given to the members of the Council.

Procedure at meetings

s 13

(1) The Chairman shall preside at all meetings of the Council and— (a) in the absence of the Chairman at any meeting of the Council for any reason, the Deputy Chairman shall preside at the meeting; or (b) in the absence of the Chairman and the Deputy Chairman at any meeting of the Council for any reason, any other member of the Council appointed by the Chairman shall preside at the meeting. (2) The quorum of the Council shall be two-thirds of the members of the Council, including the Chairman. (3) Every member present at the meeting of the Council shall be entitled to one vote. (4) If there is an equality of votes, the Chairman, the Deputy Chairman or any other member presiding at the meeting of the Council under subsection (1) shall have the casting vote.

Minutes

s 14

(1) The Council shall cause the minutes of all its meetings to be maintained and kept in proper form. (2) Any minutes made of a meeting of the Council shall, if duly signed by the Chairman, be admissible in evidence in all legal proceedings without further proof. (3) Every meeting of the Council in respect of which minutes of the proceedings have been made in accordance with subsection (2) shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act.

Council may invite others to meetings

s 15

(1) The Council may invite any person not being a member of the Council to attend its meetings to advise on any matter under discussion, but that person is not entitled to vote at the meeting. (2) Any person invited under subsection (1) may be paid such allowances as the Council may determine.

Procedure

s 16

Subject to this Act, the Council may determine its own procedure.

Council may establish committees

s 17

(1) The Council may establish any committee as it considers necessary or expedient to assist it in the performance of its functions. (2) The Council shall appoint any of its members to be the chairman of a committee. (3) The Council may appoint any of its members or any qualified persons to be members of a committee. (4) The members of a committee may be paid such allowances as the Council may determine. (5) The Council may at any time revoke the appointment of any member of a committee, make changes in the composition of the members of a committee or dissolve a committee. (6) Subject to any direction of the Council, the committee may determine its own procedure. (7) The chairman of each committee shall cause minutes of all its meetings to be maintained and kept in proper form and copies of the minutes shall be submitted by the committee to the Council as soon as practicable. (8) A committee may invite any person not being a member of the committee to attend its meetings to advise on any matter under discussion, but that person is not entitled to vote at the meeting. (9) Any person invited under subsection (8) may be paid such allowances as the Council may determine.

Secretariat

s 18

(1) There shall be a secretariat to the Council with such number of public officers to assist the Council and the Secretary. (2) The secretariat shall be subject to the direction, control and supervision of the Secretary.

Funds

s 19

The Government shall provide sufficient funds for the Council annually to enable the Council to perform its functions and exercise its powers under this Act.

Validity of acts and proceedings

s 20

No act done or proceeding taken under this Act shall be questioned on the ground of— (a) any vacancy in the membership of, or any defect in the establishment of, the Council; or (b) any omission, defect or irregularity not affecting the merits of the case.