Employment Law & Industrial Relations Practice in Malaysia (For Managers)

 EMPLOYMENT LAW & INDUSTRIAL RELATIONS
PRACTICE IN MALAYSIA (FOR MANAGERS)
(Two Days Program)

Introduction

An understanding of Malaysian Employment Law and Industrial Relations practices is an invaluable tool for workforce management. Poor employment and Industrial Relations practices often lead to a lack of harmony and a positive work environment for employees, resulting in low morale and productivity.

Objective

The programme is designed to provide Managers and Executives with a ‘hands on’ skill and approach in addressing employment related issues at the workplace.

Content

DAY 1

•  Employer Employee Relationship
•  Contract of Service

Focal Point
• Malaysian Contracts of Service are not unfettered
• Employer and Employee cannot contract out of the law
• Employers rights can be incorporated in a Contract of Service
• Status of Probationers
• Types of Contracts
• Management Prerogatives

• External factors impacting on the Contract of Service
•  Difference between Contract of Service and Contract for Service

Focal Point
• The relationship Test in a Contract for Service and possible ramification for employer

•  Scope and Coverage of the Employment Act

Focal Point
• Definition of ‘manual’ Employee
• Position of ‘Supervisor’

• Contractors and Principals

Focal Point
• Potential liability for Company

• Sections 13, 14 and 15 of the Employment Act 1955

Focal Point
• Employers rights proferred by these Sections.

•  Employers Rights when managing Mandatory Benefits Under Part 12 of the Employment Act 1955

Focal Point
• Sick Leave
• Annual Leave

• Termination Simpliciter / Termination & Dismissal

Focal Point
• Implications for Employer
• Validity of contractual termination
• Is there a difference between termination and dismissal?

DAY 2

•  Overview of the Industrial Relations Act 1967

Focal Point
• Understanding the meaning of ‘strike’, ‘lock-out’, ‘collective agreement’, ‘collective bargaining’ and ‘essential services’

•  Definition of ‘Workman’
•  Industrial Court of Malaysia

Focal Point
• ‘Equity and good conscience’ in its deliberations
• Financial and social implications & social justice when rendering awards

•  Representation on Dismissal

Focal Point
• Section 20, Industrial Relations Act 1967
• Just cause or excuse

•  Misconduct in Employment

Focal Point
• Definition of misconduct
• Negligence and insubordination
• Aggravation of misconduct
• Provocation of misconduct
• Criminal misconduct

•  Disciplinary Procedure

Focal Point
• Code of conduct for Industrial Harmony
• Effective disciplinary enforcement
• Pitfalls to avoid

•  Principle of Condonation
•  Principle of Substantive Justice
•  Sexual Harassment In The Work Place
•  Grievance Handling

Focal Point
• Company sexual harassment mechanism
• Implications for Employers

• Domestic Inquiry Procedure

Focal Point
• The 10 steps
• When Is a Domestic Inquiry necessary?

Methodology

Industrial Court Awards and Superior Court Judgments shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner.