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EMPLOYMENT LAW & INDUSTRIAL RELATIONS
PRACTICE IN MALAYSIA (FOR MANAGERS)
(Two Days Program)
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.
The programme is designed to provide Managers and Executives with a ‘hands on’ skill and approach in addressing employment related issues at the workplace.
• 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
• The relationship Test in a Contract for Service and possible ramification for employer
• Definition of ‘manual’ Employee
• Position of ‘Supervisor’
• Potential liability for Company
• Employers rights proferred by these Sections.
• Sick Leave
• Annual Leave
• Implications for Employer
• Validity of contractual termination
• Is there a difference between termination and dismissal?
• Understanding the meaning of ‘strike’, ‘lock-out’, ‘collective agreement’, ‘collective bargaining’ and ‘essential services’
• ‘Equity and good conscience’ in its deliberations
• Financial and social implications & social justice when rendering awards
• Section 20, Industrial Relations Act 1967
• Just cause or excuse
• Definition of misconduct
• Negligence and insubordination
• Aggravation of misconduct
• Provocation of misconduct
• Criminal misconduct
• Code of conduct for Industrial Harmony
• Effective disciplinary enforcement
• Pitfalls to avoid
• Company sexual harassment mechanism
• Implications for Employers
• The 10 steps
• When Is a Domestic Inquiry necessary?
Industrial Court Awards and Superior Court Judgments shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner.