The Employment Act 1955 - Undersanding the Law and it's Application

2 days programme

Need

The Employment Act 1955 is the principal legislation governing employment practice in Malaysia. Since the majority of employees fall under the ambit of this Act, it is imperative that the employers understand and comply with the obligations mandated by the Act.

 
Objective

This two days programme is crafted to provide participants with a thorough knowledge and understanding of the Act, complemented by ‘hands on’ practical guidelines and examples for worksite implementation.

 
Facilitation Methodology

Making the laws come alive through examples, lively interaction, FAQ’s and topical Q&A sessions, with relevant case laws. Each participant would be given a copy of the Employment Act 1955 and comprehensive manual with explanatory notes and case law.

 
Content

1. The Contract of Service.
• Contracts of Service are not unfettered.
• Employer’s Rights and Employee's Rights.
• Employer and Employee cannot contract out of the Law.
2. Types of Contracts of Service
• Probationary, Permanent, Fixed-Term, Task Based and Part-time.
• Implications for Employers.
3. Contract of Service and Contract for Service.
• Understanding the Difference.
• Implications for the Employer through Contract Tests.
4. Contractors and Principals.
• Liability of Principals.
5. Understanding definitions and application of key operative terms in the Act.
• Employee.
• Wages,Day, Hours of Work, Normal Hours of Work.
• Ordinary Rate of Pay, Average True Days Wages.
6. Termination Simpliciter.
• Notice of Termination of Contract vide Section 12.
• Termination for Wilful Breach under Section 13 (2).
• Employer’s action for poor Performance and Incompetence.
7. Employee Misconduct
• Action by Employer for misconduct under Section 14 (2).
• Deemed Breach of Contract, vide application of Section 15 (2).
8. Wages
• Understanding the term Wages under Section 2 (1).
9. Application of term ‘wages’.
• Under the First Schedule.
• Calculation of Ordinary Rate of Pay under Part 12.
• Determining Unpaid Leave and Absence.
• Determining average true days wages as per Termination and Lay Off Benefits Regulations 1980.
10. The Law on Payment of and Deductions from Wages.
11. Part 1X of the Act.
• Maternity Leave.
• Eligibility for Maternity Protection.
12. Application of Benefits under Part 12 of the Act.
• Maximum hours of work and Rest Days
• Annual Leave and Public Holidays
• Medical Leave and Hospitalization
• Employers Rights in managing the benefits
13. Employer’s Obligations under Part XIII
14. Powers of the Director General under Section 69
• Definition of employees extended to those earning RM5,000 and below
• Setting aside decision made by Employer under Section 14(1)
• Consequential Orders
• Employer's Right of Appeal to High Court
15. Employment Regulations 1957
• Rate of Pay
• Employer’s obligations
16. Employment (Termination and Lay-Off Benefits) Regulations 1980
• Exclusions under Regulation 4
• Meaning and Application of Lay Off
• Application of formula under Regulation 6

 
Related Involvements

His related involvements include:

• Employer Panel Member of the Industrial Court of Malaysia (3rd Term)
• Employer Assessor in the SOCSO Appellate Board (2nd Term)
• Elected State Committee Member of Federation Malaysian Manufacturers (FMM Johor) since 1991 and Vice-Chairman since 1996
• Elected Chairman of the Malaysian Employers Federation (MEF Southern Region) since 1997