Understand the Law and Application of Employment Act, 1955Posted Date : 12 Aug 10
Introduction
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.
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.
Part IX of the Act.
Maternity Leave.
Eligibility for Maternity Protection.
11) 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
12) Employer’s Obligations under Part XIII
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
13) Employment Regulations 1957
Rate of Pay
Employer’s obligations
14) Employment (Termination and Lay-Off Benefits) Regulations 1980
Exclusions under Regulation 4
Meaning and Application of ‘Lay Off’
Application of formula under Regulation 6
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.
Facilitator’s Profile
Gerard R. Sankar
Mr. Gerard holds a Bachelor’s Degree in Political Science and a Diploma in HR Management. He also attended GE’S Human Resource Program for Asia Pacific in Beijing in 1994. Additionally, he has attended numerous training programmes ranging from employment law to quality management.
Gerard has served various multinational companies from1979 in the area of Human Resource, Industrial Relations and Administration Management. In 2006, he established his own consulting and training company, Gerard & Associates Sdn. Bhd.
Gerard’s 30 odd years of experience covers the entire spectrum of Human Resource and Industrial Relations issues ranging from successfully representing Companies in Labour and Industrial Relations arbitration and leading the Management Team in Collective Bargaining negotiations to effectively advising companies on right sizing manpower deployment.
Gerard currently consults for multinational and local organizations. They include companies listed in the Malaysia and Singapore Stock Exchange. Participants at his training programs have included employees from major manufacturing companies e.g. Brother Industries Technology, Cameron International Malaysia Systems, Perodua Manufacturing, British American Tobacco, VS Industry and Felda Oil Products. Service Companies include TNT Malaysia, Malaysian Airlines System, Air Asia and Astro. Regulatory Bodies include Bank Negara Malaysia, Department of Industrial Relations, Ministry of Human Resources. Others include Malaysian Professional Bodies e.g. Malaysian Institute of Management, The Malaysian Medical Association and Institut Latihan Kehakiman & Perundangan. He is a certified PSMB Trainer, whose training and facilitation skills consistently receive high ratings from participants. Date, Time and Venue
25-26 August 2010, Wednesday & Thursday, 9.00 am - 5.00 pm Park Royal Hotel, Jalan Sultan Ismail, 50250 Kuala Lumpur
Course Fee: RM 1,200.00
Course fee includes 2 tea breaks (morning and afternoon), a lunch, course material and certificate of attendance
Early Bird and Group Discount
Register and pay up at least 3 weeks before the event and enjoy a discounted fee of RM 1,100.00. Group of 3 or more participants from the same company will enjoy a 10% discount on the applicable fee.
