Labour Law

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Do employees have a right to work from home?🙇

What you need to know about labour law? Able to implement the right processes and procedures that cover the crucial areas in human resources practices.

Labor Law is in place to protect both employers and employees and ensure a fair and safe working environment in the organisation. It provides clear guidelines and regulations in implementing the right processes and procedures that cover the crucial areas in human resources practices. This workshop will equip HR professionals with a solid knowledge of the labor laws to prevent or at least reduce legal liability for employment-related matters.


As HR professionals, what do you need to do?

JOIN US IN 1 Day Labour Law at Work Virtual Workshop!
(9 April 2021, Tues)

RESERVE YOUR SPOT TODAY! WE HAVE LIMITED SEATS!


COURSE OBJECTIVES

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

As a manager, what do you need to do now?


Course 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 & Non fixed 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. Right to Hire, Fire and Transfer

  • Hiring
  • Performance Appraisal
  • Consequence Management
  • Firing
  • Employee Misconduct
  • Transfer
  • Dismissal
  • Unfair Dismissal
  • Demotion
  • Burden and Standard of Proof

8. 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

9. Types of Misconduct

  • Sexual Harassment
  • Insubordination
  • Theft & Dishonesty
  • Misrepresentation
  • Fraud
  • Criminal Breach of Trust
  • Rules of Evidence to prove and disprove

10. 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?

11.Restraint of Trade

  • Validity
  • Reasonableness

12.Conflict of Interest

  • Ethics

13. Guidelines for Industrial Court – Brief Overview

14. Mind Mapping of the overall Malaysian Labour Law requirements and standards.

Public Program Date:

Virtual Training - 9 April 2021, Tues (9am to 5pm)

Our online Courses are HRDF Claimable. Kindly Contact Us for the arrangement of HRDF claim, or Whatsapp us if you have any questions.

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