Industrial Relations Practice for ManagersPosted Date : 29 Jun 10
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.
Objectives
The programme is designed to provide Managers and Executives with a ‘hands on’ skill and approach in addressing employment related issues at the workplace.
Course Content
Day One
1. Employer Employee Relation
2. Contract of Service
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
The relationship Test in a Contract for Service and possible ramification for employer
5. Scope and Coverage of the Employment Act
Definition of ‘manual’ Employee
Position of ‘Supervisor’
6. Contractors and Principals
Potential liability for Company
7. Sections 13, 14 and 15 of the Employment Act 1955
Employers’ rights proferred by these Sections
8. Employers Rights when managing Mandatory Benefits Under Part 12 of the Employment Act 1955
Sick Leave
Annual Leave
9. Termination Simpliciter / Termination & Dismissal
Implications for Employer
Validity of contractual termination
Is there a difference between termination and dismissal?
Day Two
1. Overview of the Industrial Relations Act 1967
Understanding the meaning of ‘strike’, ‘lock-out’, ‘collective agreement’, ‘collective bargaining’ and ‘essential services’
2. Definition of ‘Workman’
3. Industrial Court of Malaysia
‘Equity and good conscience’ in its deliberations
Financial and social implications & social justice when rendering awards
4. Representation on Dismissal
Section 20, Industrial Relations Act 1967
Just cause or excuse
5. Misconduct in Employment
Definition of misconduct
Negligence and insubordination
Aggravation of misconduct
Provocation of misconduct
Criminal misconduct
6. Disciplinary Procedure
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
Company sexual harassment mechanism
Implications for Employers
10. Domestic Inquiry Procedure
The 10 steps
When Is a Domestic Inquiry necessary?
Methodology
Industrial Court Awards and Superior Court Judgements shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner.
Facilitator's Profile
Gerard R. Sankar
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 and is a Certified PSMB Trainer.
In his 28 years as a Human Resource and Industrial Relations Practitioner, Gerard served at various times in major multinational and locally incorporated manufacturing companies in Johor. From 1994 – 2006, he was the Human Resource/Administration Manager of a multinational company in Johor Bahru and after that formed Gerard & Associates Sdn. Bhd., a Human Resource/Industrial Relations Consulting and Training Company.
His experience covers the entire spectrum of Human Resource, Industrial Relations and Administration Management. He has also successfully represented various companies in labor and industrial relations arbitration as well as leading the management team in Collective Bargaining negotiations.
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 Flextronics, VS Industry and Felda Oil Products. Others include organizations like Starbucks Coffee, Bonia, Seri Malaysia Hotel (Genting Highlands), Landmarks, MCSB Systems (Penang) and The Malaysian Medical Association.
Since 1991, Gerard has served as an elected Committee Member of the Federation of Malaysian Manufacturers (FMM) Johor, and a Vice-Chairman since 1997. He has been elected successively as the Southern Region Chairman of the Malaysian Employers Federation (MEF) since 1997 and sits in the MEF Industrial Relations Panel.
He serves as a Panel Member (Employer) of the Industrial Court of Malaysia (third term), and as an Assessor in the Appellate Board of SOCSO (second term).
Venue, Date and
9 & 10 August 2010, Wednesday & Thursday
Park Royal Hotel, Jalan Sultan Ismail, 50250 Kuala Lumpur
Time: 9.00 am to 5.00 pm
Course Fee: RM1,200.00
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 RM1,100.00. Group of 3 or more participants from the same company will enjoy a 10% discount on the applicable fee.
CPD: 16 hours
HRDF - SBL claimable
Registration
Contact Person: Miss Pang or Puan Ela
