Monday, 17 June 2013

Non-HR Managers and Executives essential knowledge in Malaysian Employment and Labour Laws

Introduction

An overview of what Malaysian Employment, Labour Law and Industrial Relations practices requires from every Employer. The lacking of knowledge in the subject matters  often lead to a lack of harmony and dispute that over the years has tarnished a lot of employee-employer relationship. This has given great negative impact to productivity, profits and the human potential itself.

Objectives

This is a tailor made programmed to equipped the Management who are not from HR background with a ‘hands on’ skill and approach in addressing employment related issues at the workplace.

Methodology

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

Course Content

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
-  Court awards

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

- Sick Leave
- Annual 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.How to managed Union in a Unionized company

-  Collective bargaining
-  Collective agreement
-  Union employee vs Non-union employee.
-  The rights of the employers.

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