Navigating Employment Laws and Industrial Relations in Malaysia

Introduction

This course is designed to provide participants with a comprehensive understanding of the essential employment laws in Malaysia. Participants will explore the legal framework governing the employer-employee relationship, the rights and responsibilities of both parties, and the mechanisms for dispute resolution. The course will cover key aspects of employment law, enabling participants to navigate the complex HR legal landscape and make informed decisions in the workplace.

Upon completion of the course, you will be well-equipped to navigate the intricate landscape of employment laws in Malaysia, ensuring legal compliance, fostering positive workplace relations, and mitigating risks associated with employment-related matters.

You will benefit fully from our real-life case studies and competency activities. Our interactive workshop will ensure that you understand the challenges associated with handling employee’s issues, and to effectively apply them in your workplace immediately.

Who should attend:

  • Human Resource Practitioners / Managers / Executives / Supervisors / Officers / Assistants
  • Heads of Departments / Line Managers / Branch Managers / Outlet Managers
  • HR Service Providers
  • Employers and Business Owners
  • Refresher or Upskilling

Methodology

  • Interactive Presentation
  • Industrial Court Case Studies and Analysis
  • Practical exercise / Quizzes
  • Questions & Answers

The Trainer - Serene Yap Certified HRDCORP Trainer

Serene's greatest passion is to share her knowledge and insights to maintaining and increasing the professionalism and competencies of an Organization’s Human Assets and to the HR Community.

Her hands-on experience in the corporate world has enabled her to impart her knowledge based not only on theory but also based on her own vast working experiences which ensure that you or your employees are able to relate better and able to apply the knowledge and skills to your workplace, immediately and effectively.

Serene Yap, a Human Resource Trainer and Consultant has been enthusiastically involved in all aspects of human capital development for more than 20 years. Serene holds an MBA in General Management, a certified NLP Practitioner by ISNS and a HRD Corp accredited Trainer.

Her industry exposure includes property development and management, retail, hospitality, manufacturing, oil and gas, construction sector and consultancy services.

During her professional career and as a trainer and consultant, many employees have attained great personal successes in their careers through her guidance, mentoring and coaching. In a similar manner, Serene envisioned to translate her KSA to enhance the competencies and professionalism of the HR Community.

List of companies benefited are Proton, Perodua, Power Root, Kossan, Hartalega, Econsave, Jaya Grocer, Mr DIY, Citylink, GDex, KPJ Health Care, Columbia Asia Hospital, Bucher Emhart Glass, A Star Glasstech, MAICSA, IFCA, NGA Human Resources, Symphony Corporate House, Davita, Broadcom, Naza Corporation, Bank Negara, Petronas, Boustead Petroleum, Telekom Malaysia, ARH Jurukur Bahan, The Raintree Club, MAVCOM, KLIA, Firefly, Parex Group, Mayshowa, Massimo, Naito-Asia, Malaysia Steel Works, MRT Corp, Multimedia University, Prosper Palm Oil, MMC Gamuda, Lion Properties, Mahkota Hotel, Mutiara Hotel, Celcom Timur (Sabah), Sabah Ports, Suria Capital Holdings, Lembaga Pemegang Amanah Taman-Taman Sabah, Borneo Housing Mortgage Finance Bhd, etc

Serene has successfully conducted the following Consultancy projects to enhance the agility and best practices of an organization.

·HR Audit and Process Improvement
·Developing or Revision of HR Policies & Procedures and Employee Handbook ·Retrenchment Planning and Execution
·HR Department Startup and HR Team Coaching

Over the years, Serene has developed and conducted many programs, some of which include Payroll Management, Applications of Employment Act, Sabah Labour Ordinance and Sarawak Labour Ordinance, Industrial Relations and Domestic Inquiry, Employment Laws in HR and Termination Procedures, Essential Competencies for Effective HRM, Critical HR Skills for Non-HR Managers, Behavioral-based Interview, Managing Performance, Absenteeism and Misconduct, Developing Effective HR Policies and Employee Handbook, Handling Employee Performance and Misconduct, Termination without Violating the Law, HR & IR Documentations and Procedures, Employment Laws and Documentations in HR.

Outcome

By the end of this program, participants will be able to:

- Navigate and comply to essential Employment Laws and regulations in Malaysia, within the context of the latest amendments and updates
- Draft, interpret and enforce employment documentations, ensuring compliance with legal requirements and safeguarding the interests of both employer and employees
- Have full knowledge and insights into the dynamics of industrial relations, to navigate dispute resolution mechanisms, ultimately contributing to a harmonious and legally compliant work environment
- Explore the employer’s and employee’s rights and benefits under the Malaysian employment laws
- Explore implications to current requirements and updates and impact to your employment structure and business operations
- Apply theoretical knowledge to practical scenarios and make informed decisions in complex employment situations

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No Topic Topic Description
1 Module 1 : Employment Laws in Malaysia

What is Employment Laws

  • Essential Employment Laws in Malaysia

Employment Relationships, in accordance with:

  • Employment Act 1955, First Schedule Amendment 2022
  • What or Who is deemed as Manual Labour
  • Rights of Manual and Non-manual
  • Domestic Employee
  • Sabah Labour Ordinance (Cap. 67)
  • Sarawak Labour Ordinance (Cap. 76)
  • Industrial Relations Act 1967
  • Children and Young Persons (Employment) (Amendment) Act 2019
  • Employment of Foreign employees

Dissecting the Employment Contracts

  • What forms a Contract
  • Contract of Service and Contract for Service
  • Employee or Independent Contract
  • Section 101C Employment Act 1955, Amendment 2022 Control Test, etc
  • Is Director an employee
  • Employment Contracts and impact on employment relationships
  • Permanent Contract
  • Fixed-term Contract
  • Transfer
  • Secondment
  • Outsourcing
  • Apprenticeship Contract

Employer’s Rights and Obligations

  • Employer’s Prerogative (Industrial Relations Act 1967)
  • Employer’s implied obligations
  • Employee’s Implied obligations
2 Module 2 : Employee’s Essential Benefits and Rights

Wages

  • Wages, Section 2 Employment Act 1955
  • Minimum Wages Order
  • Calculations of Incomplete month‘s of work Wages Period
  • Payment of Wages
  • Advances and limitations
  • Lawful Deductions and limitations Types of lawful deduction
  • Types of unlawful deductions Statutory Contributions
  • EPF Act 1991 (KWSP)
  • Socso Act 1969
  • EIS Act 2017 (SIP)

Public Holidays and Rest Days

  • Public holiday and Rest day entitlement and payment
  • Sick leave on a Public holiday and Rest day

Hours of Work

  • Normal Hours of Work
  • Overtime limitations
  • Overtime Payment and Computations
  • Guidelines on performing Solat during working hours
  • Employment (Part-time Employees) Regulations 2010
  • Entitlement
  • Part-time employee or non-employee
  • Flexible Working Arrangement
  • Employee’s & Employer’s rights

Employee’s Leave

  • Annual Leave
  • Encashment computation
  • No Pay Leave
  • Computation of NPL
    Sick Leave
  • Hospitalization Leave

Pregnancy and Maternity Protection

  • Restriction on Termination of pregnant employee
  • Maternity Leave
  • Entitlement
  • Paid and Unpaid Maternity leave
  • Paternity Leave

Protection against Workplace Harassment

  • Prohibition of Forced Labour
  • Discrimination in Employment
  • Employer’s legal obligations
  • Sexual Harassment in the Workplace §Employer’s legal obligations
3 Module 3 : Just Cause and Excuse in handling Misconduct, Poor Performance and Termination of Employment

What is Just Cause and Excuse

  • Legal Test for Misconduct
  • Legal Test for Poor Performance
  • Legal Test for Redundancy

Due Inquiry under the Employment Act 1955 and Industrial Relations Act 1967

  • Principles of Natural Justice
  • Is Suspension necessary?
  • Employment Act 1955, Section 14
  • Termination of Contract for Special reason Suspension
  • Permitted Disciplinary Process and Procedures
  • Counselling, Show Cause, Warning
  • Investigations
  • Progressive Discipline

Domestic Inquiry (DI)

  • Why need to conduct Domestic Inquiry
  • Prepare & Draft Charges and Notice of DI
  • Role of Various Parties at An Inquiry
  • Domestic Inquiry Process flowchart
  • Can DI be conducted online?
  • Setting and Seating arrangement and implications
  • Meting Out Correct Punishment and Mitigation

Navigating Misconduct

  • What is Misconduct
  • Establishing the Level of Severity
  • Types of Misconduct and Analysing Misconduct
  • Absenteeism
  • Breach of Company policy
  • Conflict of Interest
  • Fighting
  • Fraud
  • Insubordination
  • Sexual Harassment
  • Sleeping on the job

Managing Probationer and Navigating Poor Performance

  • Handling Probationer
  • Dismissal of Probationer
  • Managing Poor Performance
  • Warning
  • Opportunity to Improve
  • Performance Improvement
  • Plan Failure to Improve
  • Dismissal of Poor Performer

Navigating Termination of Employment

  • Minimum Retirement Age Act 2012
  • Normal Termination of Employment
  • Payment in-lieu of termination notice
  • Breach of Contract
  • Employment Act 1955, Section 15 (2)
  • Self-termination / Abandonment of employment
  • Retrenchment and Redundancy
  • Termination and Layoff Benefits Regulations 1980
  • Code of Conduct for Industrial Harmony
  • Force Majeure
  • Frustration of Contract
  • Medical Board out
  • Forced Resignation
  • Constructive Dismissal
  • Unfair Dismissal / Wrongful Dismissal
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