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

2 days programme

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

  1. Employer Employee Relationship
  2. Contract of Service
  3. 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
  4. External factors impacting on the Contract of Service
  5. Difference between Contract of Service and Contract for Service
  6. Focal Point
    • The relationship Test in a Contract for Service and possible ramification for employer
  7. Scope and Coverage of the Employment Act
  8. Focal Point
    • Definition of manual Employee
    • Position of Supervisor
  9. Contractors and Principals
  10. Focal Point
    • Potential liability for Company
  11. Sections 13, 14 and 15 of the Employment Act 1955
  12. Focal Point
    • Employers rights proferred by these Sections
  13. Employers Rights when managing Mandatory Benefits Under Part 12 of the Employment Act 1955
  14. Focal Point
    • Sick Leave
    • Annual Leave
  15. Termination Simpliciter / Termination & Dismissal
  16. Focal Point
    • Implications for Employer
    • Validity of contractual termination
    • Is there a difference between termination and dismissal?

DAY 2

  1. Overview of the Industrial Relations Act 1967
  2. Focal Point
    • Understanding the meaning of strike, lock-out, collective agreement, collective bargaining and essential services
  3. Definition of Workman
  4. Industrial Court of Malaysia
  5. Focal Point
    • Equity and good conscience in its deliberations
    • Financial and social implications & social justice when rendering awards
  6. Representation on Dismissal
  7. Focal Point
    • Section 20, Industrial Relations Act 1967
    • Just cause or excuse
  8. Misconduct in Employment
  9. Focal Point
    • Definition of misconduct
    • Negligence and insubordination
    • Aggravation of misconduct
    • Provocation of misconduct
    • Criminal misconduct
  10. Disciplinary Procedure
  11. Focal Point
    • Code of conduct for Industrial Harmony
    • Effective disciplinary enforcement
    • Pitfalls to avoid
  12. Principle of Condonation
  13. Principle of Substantive Justice
  14. Sexual Harassment In The Work Place
  15. Grievance Handling
  16. Focal Point
    • Company sexual harassment mechanism
    • Implications for Employers
  17. Domestic Inquiry Procedure
  18. 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.