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
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
3. External factors impacting on the Contract of Service
4. Difference between Contract of Service and Contract for Service
Focal Point
• The relationship Test in a Contract for Service and possible ramification for employer
5. Scope and Coverage of the Employment Act
Focal Point
• Definition of manual Employee
• Position of Supervisor
6. Contractors and Principals
Focal Point
• Potential liability for Company
7. Sections 13, 14 and 15 of the Employment Act 1955
Focal Point
• Employers rights proferred by these Sections
8. Employers Rights when managing Mandatory Benefits Under Part 12 of the Employment Act 1955
Focal Point
• Sick Leave
• Annual Leave
9. Termination Simpliciter / Termination & Dismissal
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
Focal Point
• Understanding the meaning of strike, lock-out, collective agreement, collective bargaining and essential services
2. Definition of Workman
3. Industrial Court of Malaysia
Focal Point
• Equity and good conscience in its deliberations
• Financial and social implications & social justice when rendering awards
4. Representation on Dismissal
Focal Point
• Section 20, Industrial Relations Act 1967
• Just cause or excuse
5. Misconduct in Employment
Focal Point
• Definition of misconduct
• Negligence and insubordination
• Aggravation of misconduct
• Provocation of misconduct
• Criminal misconduct
6. Disciplinary Procedure
Focal Point
• Code of conduct for Industrial Harmony
• Effective disciplinary enforcement
• Pitfalls to avoid
7. Principle of Condonation
8. Principle of Substantive Justice
9. Sexual Harassment In The Work Place
10. Grievance Handling
Focal Point
• Company sexual harassment mechanism
• Implications for Employers
11. Domestic Inquiry Procedure
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.