2 Day programme on Employment Law
INTRODUCTION:
In Malaysia, employment law keep changing. The global economic situation has made it a difficult job market and human resources experiences great competition, employers face challenges to keep efficient and capable staff. The trade unions are urging for better deals for workers and minimum salary. The responsibility of the Human Resource department to provide accurate conditions of employment contract and conditions of services, implement government policies and resolve disputes are vital part of labour relations
This 2 days workshop will provide avenues to equip the human resource manager, executive with skills in tackling issues at workplace. Participants will understand the issues emphasized in the employment act 1955 and how to avoid pitfalls.. At the end of the programme the participant will:-
• Understand the importance of employment law and new development in Malaysia.
• Learn ways to prepare employment contract to protect the right of the organization
• Understand the policy of annual leave, sick leave and maternity leave, study leave and other leave benefits.
• Understand the issues related to overtime how to reduce overtime.
• Understand the importance of appointment letter, content of employment contract and how to enforce these terms of contract.
• Understand benefits and management policy and the workers right.
Course Leader
Dr. Krishna, PhD, is a Human Resources Consultant for the past 17 years, he has been involved in trade union activities for the past 30 years. His interest lies in industrial relations and occupational safety and health. From 1992-1994, he served the Committee headed by the Minister of Human Resources on the implementation of the Occupational Safety and Health Act 1994. He was also a panel member of the industrial court from 1999 – 2004.
Dr. Krishna was awarded a fellowship by the International Labour Organization (ILO) to study a Post Graduate Program in Human Resources Management at Sheffield City Polytechnic. Dr. Krishna was awarded the Doctor of Philosophy (PhD) in Business Administration, majoring in Occupational Safety & Health by the University of New Castle and his thesis entitled “Selection of Materials and Developing Tools For Training in Occupational Safety and Health in the Malaysian Perspective” was received.
He has served several unions as executive secretary and industrial relations officer. He was Director of Education of Malaysian Trades Union Congress (MTUC) from 1990-1994.
Dr. Krishna is a member of the Institute of Personnel Management, United Kingdom and was the Vice President of Malaysian Association of Human Resource Consultants and currently the councilor member.
Besides, been a management consultant to several multinational companies, is a registered labour representative (Malaysia) and a trainer for the Safety Officers Professional Program, he also teaches in Post Graduate and MBA program on Managing Human Resources.
Dr. Krishna has published articles for the Commercial Clearing House (CCH) in safety and health, industrial relations, human resources management, performance management, accident compensation and other related fields.
Dr. Krishna currently specializes in Key Performance Indicators (KPI) and in this respect has conducted several program for large and professional organizations.
Dr. Krishna’s knowledge on industrial relations, occupational safety and health and other foregoing areas of human resources management coupled up with his academic achievements makes him a well respected Human Resources and Industrial relations practitioner.
Dr. Krishna, is a facilitator for BBA, MBA and PhD programs for Asian Institute of Management Science.
Day 1
9.00 am - Module 1: Definition of Employee
• Definition of Employee
• Schedule 1 of Employment Act 1955 (EA)
• Contract of Service vs. Contract for service
• Control Test to determine Employer – employee relationship
• Discussion of Case Laws (Colgate-Palmolive’s case)
10.30 am Morning Tea Break
Module 2: Contracts of Employment
• Contract of Service (Part II – EA)
• The Importance of Appointment Letter
• Terms and Conditions vs. EA
• Unilateral Changes in Terms and Conditions
• Termination of Contract (S11 – 13 EA)
• Termination of Contract for special reasons (S14 EA)
• When is Domestic Inquiry needed; Is DI necessary?
• Termination of contract by employee (S15 EA)
• Part-time / Temporary / Contract Employees (Part 1 EA definition / Han Chiang High School Case)
• Probationers (Khaliah’s case)
1.00 pm Lunch
Module 3: Payment of Wages (Part IV EA)
• Definition of Wages (Part 1 – EA)
• Definition of Wage period
• Payment of Wages – timing / mode
• Must wages be paid if employee in prison or under detention?
• Lawful deductions and limits imposed
• Priority of Wages
• Registers and requirement for pay-slips
3.30 pm Afternoon Tea Break
Module 4: Employment of Women (Part VIII EA) –
To be done together with Regulation 1970
• Prohibition of Night Work
• Underground Work
• Maternity Protection
• Maternity Leave
• Maternity Allowance
• Restriction of dismissal during maternity leave
• Period of rest for female shift employee
Module 5: Hours of Work (I)
• Meaning of day (Part 1 – EA)
• Meaning of Week (Part 1 – EA)
• Calculation of Monthly rate of pay
• Calculation of hourly/daily rate of pay
• Work on a day/week
• Overtime & limitation on OT hours
• Off Day
Question & Answer Session
Day 2
9.00 am Module 6: Hours of Work (II)
• Rest Day & Work on Rest Day
• Definition of Shift Work (Part 1 – EA)
• Hours of work for Employees working on Shift
• Can you force employees to do overtime?
• How to deal with requesting employees to work on Overtime
• How to deal with failure to attend OT work
10.30 am Morning Tea Break
Module 7: Public Holidays
• Mandatory Public Holidays
• Can you work on Mandatory Public Holidays
• Work on Public Holidays
Module 8: Annual Leave
• Annual Leave Entitlement in EA
• Half-day leave
• Off-setting of annual leave during public holidays, sick leave, maternity leave
• Treatment of annual leave upon termination
• Approval & Non-approval of annual leave – Management prerogative?
• Is notification of non-approval of leave important
• Implications of employee on leave returning to work
1.00 pm Lunch
Module 9: Sick Leave
• Meaning of Medical Officer
• Can the Company restrict employees to panel doctors? (Section 60F)
• Can the Company not recognize MCs from non-panel?
• Sick Leave from Doctors
• Sick Leave due to hospitalization
• Employee must inform re: sick leave within 48 hours
• Sick Leave during Maternity Leave?
3.30 pm Afternoon Tea Break
Module 10: Redundancy & Retrenchment
• Regulation pertaining redundancy & retrenchment
• Code of Conduct for Industrial Harmony
• Quantum to be paid
• Outsourcing
• Voluntarily Separation Scheme (VSS)
• Management Support Service (MSS)
EXTRA
o Sample letters relating to managing issues that breaches the Employment Act
o Case Studies & Current Examples
o Short Quiz to enhance your understanding
Who must attend
Human Resources Manager,HR Executive ,Industrial Relations Officer,Line Managers,Supervisors
Date 14 – 15 December 2010 – Muar Traders Hotel
REGISTRATION FORM - Malaysian Labour Laws
Name of Company …………………………………………………………………………….
Address…………………………………………………………………………………………..
……………………………………………………………………………………………………..
Tel ………………..Fax………………Email…………………………………………………..
Name of Contact Person……………………………………………………………………..
Name of Participant…………………………………………………………………………..
……………………………………………………………………………………………………..
……………………………………………………………………………………………………..
Course Fee RM 990.00 per participant
Administrative details
1. Cheque should be made payable to Alpha Consultants (M) Sdn Bhd
2. No cancellation is allowed but a replacement delegate may be sent
3. An acknowledgement for the registration will be sent to you
4. Reservation can be made by telephone.
5. The organizer of the course reserves the right to cancel the course or make any changes to the venue due to unavoidable circumstances
Organised by
ALPHA CONSULTANTS (M) SDN BHD
No.1141, 11th Floor,Block A3,Pusat Dagangan Setia Jaya
No.9, Jalan PJS 8/9, 46150 Petaling Jaya
Tel : 0356384645, 0136309280
Fax : 0356384645 , 069528208
Email : alphapj@gmail.com
