Employment Act 1955 & Employment Law
Introduction
The Employment Act 1955 forms the primary legislation (Statute) on employment in Malaysia, providing guidelines on minimum employment rules, within which to operate Businesses. Adherence to these minimum rules in various areas of benefits and code of legal conformance provided under this Act ensures good relationship development between employer and its employees; besides nurturing growth, progress and industrial harmony for the Organization.
Thus, it is imperative that all Business Enterprises in Malaysia, whether MNC’s or SME’s to have good understanding and grasp of these guidelines, which if applied well would enable good control, OR, alternatively, if not applied well, will lead to unwarranted litigation, non-value added activities, sapping vital Company time and resources, and consequential retrogressive impact on the Employer’s business.
- Gain a clear understanding of the aims and objectives of this training program
- Understand all the important terms used in these Acts
- Clearly distinguish the difference between a Contract of Service and Contract for Service
- Understand the meaning of express and implied terms in a Contract of Service
- Understand the meaning of Wages, ORP, Overtime rates, etc
- Understand the role and jurisdiction of the Labour and Industrial Courts
- Learn how to safeguard the Employer’s Rights and Management Prerogatives
- Know how to avoid breaching the laws governing employment
- Be exposed to the relevant cases in the Malaysian courts in respect to the – Employment Act, the protection given to employees and the burden imposed on employers
- HR Manager/ Executives/ Offices
- Line Leaders/ Supervisors
- IR Personnel
- Compensation and Benefits Specialists
- Payroll Specialists
- Administrators
- Training Managers/ Executives/ Office
- Employee Relations Executives
- Department Managers and Executives
Course Outline
MODULE 1
- The Employment Act 1955 – General.
- Contract of Service & Contract for service.
- Categories of employees covered.
- Principles and Contractors / Sub-contractors.
- Part – time employees (with discussion on recent employment development).
MODULE 2
- Statutory Entitlement expressed in the Employment Act 1955 – General.
- Working Hours and Shift work.
- Payment of Wages.
- Public Holidays and Rest Days.
- Payment of O/T allowances.
MODULE 3
- Termination of Contract of Service.
- Notice of Termination / Termination without notice.
- Employee Misconduct and termination of contract.
- Contract deemed broken – Section 15 (1) & (2).
MODULE 4
- Payment of Wages.
- Deduction from Wages.
- Priority of Wages before a secured Creditor is settled – (Shut down operations).
- Liability of Contractors & Principals.
MODULE 5
- Employment of Women.
- Maternity Leave and allowance.
- Employment of Children and Young persons.
- Employment of Foreign Employees.
- Employment of Domestic Servants.
MODULE 6
- Employment Regulations 1957.
- Employment (Termination & Layoff Benefits) Regulations 1980.
- Maternity Leave entitlement / Section 37.
- Payment of wages for domestic servant.
- Amendment of Sect 31- Priority of Wages.
- Section 60D – additional Public Holiday.
- Sexual harassment at Workplace (Principle amendment).
MODULE 7 – The Industrial Relations Act 1967
- Definitions and interpretations.
- Scope of coverage – workmen.
- Rights of Employers, Rights of Workmen.
- Prohibition on employers /workmen in certain acts.
- Section 20, IRA and the broad jurisdiction on cases brought before the Court.
- Reference of complaint to Industrial Court.
- Equity and good conscience must prevail.
MODULE 8 – Management’s disposition to run compulsory DI
- How poor investigation & poor management of a DI can have adverse effect on the employer both.
- financial and reputation in the industry they are operating.
- Company Policy and guidelines for execs and non-execs.
- Counselling and Warnings.
- The Domestic Inquiry proper.
- Managements carefully guarded disposition to terminate as the ultimate punishment.
Duration
14 hours (2 days)
9AM to 5PM
Duration
14 hours (2 days)
9AM to 5PM
Mode of Study
Face to face
Mode of Study
Face to face
Location
Bworks Training Centre
20 A, Jalan Tun Mohd Fuad,
Taman Tun Dr Ismail, 60000,
Kuala Lumpur, Malaysia.
Location
Bworks Training Centre
20 A, Jalan Tun Mohd Fuad,
Taman Tun Dr Ismail, 60000,
Kuala Lumpur, Malaysia.
About the trainer
- Corporate employment for more than 30 years
- Certified Trainer from HRD Corp
- Trained more than 30 companies including PETRONAS, Malaysia Airlines System (MAS), Tenaga Nasional Berhad and NESTLE Malaysia
What will you get?
Certificate
- Upon completion of the training, participants will receive a certificate
- No certificate given to those who do not complete this training
How much does it cost?
Course Fee
RM 650 per person
- Included with meals, training materials, and a certificate
Meals
- Breakfast, morning tea break, lunch, noon tea break
