Employment Law

An overview of what Malaysian Employment, Labour Law and Industrial Relations practices requires from every Employer. Taking in appropriate action to battle misconduct can and may result in disastrous result. Employers need to understand the PROCEDURES and PROCESS especially relating to misconducts and must know how to deal with and handle the issue without making it more complicated rather than solving.

The lacking of knowledge in the subject matters often lead to a lack of harmony and dispute that over the years had tarnished a lot of employee-employer relationship. This has given great negative impact to productivity, profits and the human potential itself.

• Fundamentals of the Malaysian Employment Labour Law and Practices
• Explore and analyze the current Industrial Relations practices
• An in-depth understanding on the procedures and processes applicable to employee misconduct
• Real life case studies give you the ability to compare, analyze and identify the most appropriate decision and/ or action to be taken
• Discuss real life Malaysian Labour Law cases: What are the mistakes/errors you should not be done? What have the other employers done and compensated hundred over thousand ringgit due to improper misconduct

1. The "ACT" that binds the Employer and the Employee

• Industrial Relation Act 1967
• Employment Act 1955

2. A binding relationship

• The Contracts
• Types of contracts : 'for service' or 'of Service'
• Difference between Contract of Service and Contract for Service
• The rights in the contract for employers
• The rights in the contract for employees
• Management Prerogatives
• Fixed term contract
• Probationers
• Recruitment

3. Misconduct in Employment

• Definition of misconduct
• Negligence and insubordination
• Aggravation of misconduct
• Provocation of misconduct
• Criminal misconduct
• Sexual Harassments

4. Disciplinary Procedure

• Code of conduct for Industrial Harmony
• Sections 13, 14 and 15 of the Employment Act 1955
• Court awards
• Common mistake by employers

5. Principle of Condonation

• What is Condonation
• What constitute Condonation
• Time vs. action

6. Domestic Inquiry Procedure

• The employers to hire and the right to fire
• The requirement : Section 14 of Employment Act
• The prosecutor, the panel, the decision maker and the process
• Types of punishment

7. Managing leaves

• Medical Leave
• Annual Leave
• Emergency Leave
• Maternity Leave
• Compassionate Leave

8. What is:

• Termination;
• Dismissal;
• Termination Simpliciter
• Force resignation
• Constructive dismissal;
• Discharge from duty
• Retirement
• Resignation
• Medically boarded out;
• VSS or MSS;
• Retrenchment

9. Non performance issue

• Types of remedial action
• Court awards
• How to justified non performance issue

10. Case study

• Counseling and interview
• Absenteeism and tardiness
• Current case on Industrial Court decision.

• The Employment Act 1955 for Line Managers Workshop
• Malaysian Labour Laws and Employment Act
• Why & How to Conduct Domestic Inquiry
• Protection of Employers Rights, Legalities and Implications
• Conducting the Domestic Inquiry in Malaysia
• More other Human Resource Management training courses