WORKSHOP OBJECTIVE
After completing this course participants will be able to:
1. Understand the general requirements of the Labour Laws of Malaysia and its relative application at
work.
2. Ability to implement the right processes and procedures covering the following crucial areas: Hiring,
Managing Human Resources, Effective Deployment, Setting of KPIs, Consequence Management
(Management of Disciplinary Issues; Correspondence; Domestic Inquiries; Termination Process;
Legal Claims by Dismissed Employees)
3. Ability by Management / Organization to reduce the risk of wrong Human Resource
Management Practices
METHODOLOGY
: Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
: Video Presentation
: Mind Mapping and Recap Sessions
: Mini Workshop Session – allowing participants to develop their own process and to support subject matter and work in synergy with other participants
: Encourage teamwork
: The related labour laws, case studies would be invoked and analysis of legal implications for non-compliance would be discussed and outlined
WORKSHOP OUTLINE
1. General Principles of Malaysian Labour Law and its purpose
> Employment Act 1955
> Other related Statues (Eg: - Industrial Relations Act 1967, Personal Data Protection Act 2010, Minimum Retirement Age Act 2012, Minimum Wages Order 2012
> Social Accountability 8000 Standards
2. Human Resources Management within the ambits of Labour Laws
> Process Definition
> Documentation
- Processes
- Management Action
3. Contract: What forms the basic relationship between employee and employer?
> Contract for Service - Elements
> Contract of Service - Elements
> Apprenticeship Contract
> Contract “For” vs “Of” Service”
- Control Test
- Independence Test
- Integration Test
- Economic Reality Test
> Terms
- Express Terms
- Implied Terms – Business Efficacy Test
> Non-Renewal of Contract- Fixed duration contract & Nonfixed duration
4. Employer – Definition, Duties and Obligation
5. Employee – Definition, Duties and Obligation; Categories of Employees (Permanent, Contractors, Foreign Employees)
6. Probationer – Definition, Duties and Obligation; Rights
7. Wages – General Rules and Exceptions; Entitlement; Minimum Wage; Deduction of Wages and its related rules and regulations; Failure to pay wages
8. Hours of Work - Routine Hours and provision of the law;
> Routine and Off days.
> Rest Days, Public Holidays - Entitlement
> Rest Days & Public Holidays – Additional day
> Hospitalization & Sick Leave
9. Leave
> Annual Leave
> Maternity Leave.
> Absence Without Leave
10. Right to Hire, Fire and Transfer
> Hiring
> Performance Appraisal
> Consequence Management
- Firing
- Employee Misconduct
- Transfer
- Dismissal
- Unfair Dismissal
- Demotion
> Burden and Standard of Proof
10. Domestic Inquiry – Overview of Process and Requirements
> Rules of Natural Justice
> Communication for Domestic Inquiry
> Domestic Inquiry Panel – General; Small Companies and its process/requirements
> Decision and Execution
> Absence of Domestic Inquiry - Implications
11. Types of Misconduct
> Sexual Harassment
> Insubordination
> Theft & Dishonesty
> Misrepresentation
> Fraud
> Criminal Breach of Trust
> Rules of Evidence to prove and disprove
12. Termination of Employment Contract
> By either party - Employer / Employee (Resignation)
> Justification
> Due Process
> Benefits
> Termination Notice- Compliance and Non-Compliance
> Constructive Dismissal
> Forced Resignation – Validity?
13. Retirement
> Optional retirement
> Age expressly stated
> Age not expressly stated
> The Law
14. Restraint of Trade
> Validity
> Reasonableness
15. Conflict of Interest
> Ethics
16. Guidelines for Industrial Court – Brief Overview
17. Mind Mapping of the overall Malaysian Labour Law requirements and standards.