The Employment Act 1955 with the Latest 2022/23 Amendments and Handling Employee Relations

Course Objectives

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

• Anticipate the changes on the Employment Act
• Make necessary changes in their HR policies to ensure that it is in line with the new amendments.
• Identify their concerns and fears about dealing with grievance and disciplinary issues
• Define the meaning of a ‘grievance’ and ‘discipline’ in the workplace
• Distinguish between misconduct and Gross Misconduct
• Describe why grievance and disciplinary procedures are needed

Implement your organisatio

Target Audience

• Human Resource Practitioners
• Heads of Department / Line Managers
• Executives / Supervisors / Team Leaders
• All personnel involved in handling human resources matters and Employee’s Supervision

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 comprehensive manual with explanatory notes and case law.

Course Modules

Module 1: Introduction to Labour laws in Malaysia

• Application of the Act and key definitions
• Difference between the Employment Act and other key legislations (that may overlap), ie. Industrial Relations Act 1967

Module 2 – Key definitions under s.2 of the Act

Module 3 – Contract of Service

• Contracts of service that must be in writing
• Provisions of contracts of service that must be in writing
• Restrictions on contracts of service
• Termination of contract of service
• Normal Termination
• Termination for Special Reasons
• Breach of Contract

Module 4 – Wages

• Payment of wages
• Calculation of wages for incomplete month’s work
• When wages not due for absence from work through

Module 5 – Pregnancy and Maternity

• Maternity protection
• Returning to work during maternity leave – s.37
• Restriction on termination of pregnant female employee

Module 6 – Benefits

• Rest Days
• Hours of Work
• Paid Public Holidays
• Paid Annual Leave
• Paid Sick Leave
• Paid Paternity Leave
• Ordinary Rate of Pay (ORP)

Module 7: Employment of Foreign Employees

• Employment of foreign employee
• Prohibition on termination of local for foreign employee
• Termination of employment by reason of redundancy
• Termination of employment of foreign employee

Module 8 – Sexual Harassment – Part XVA

• Definition of Sexual Harassment
• Inquiry into complaints of sexual harassment
• Notice on sexual harassment
• Offence – Increased fines for employers who do not comply with sexual harassment

Module 9 – Penalties

• Higher penalties for offences – maximum fine penalties raised from RM10,000 to RM50,000, existing punishment of a fine originally capped at RM50,000 will be further increased to RM100,000.

Module 10 – Other Amendments to the Employment Act

• Issue with First Schedule and Ministerial Order – Scope of Coverage
• Removal of restrictions on Employment of Women – Part VIII removal
• Removal of ss.44A and ss.81G
• Wider Jurisdiction of Labour Department – removal of s.69B, s.69C, s.69D and s.69E.
• Discrimination in Employment – s.69F
• Court Order for payments due to employee – s.87A
• Flexible working arrangements – Part XIIC
• Forced labour – s.90B
• Section 18A Calculation of Wages for Incomplete Month’s Work
• Section 41A Restriction On Termination of Pregnant Female Employee
• Section 60FA Paternity Leave
• Section 60KA Termination of Employment of Foreign Employee
• Part XIIC Flexible Working Arrangement
• New Section 81H Notice on Sexual Harassment
• New Section 87A Court Order for Payments Due to Employee
• Section 90B Forced Labour
• Section 101C Presumption as to Who is An Employee and Employee

Module 11: Grievances

• What is grievance & how does it develop?
• Grievance handling principles
• The consequences of ignoring employee grievances
• General principles of grievance processes
• What value does an effective grievance process add to an organisation?
• The grievance policy
• The grievance procedure
• Guideline for conducting a grievance hearing

Module 12: Employment Law

• Explain the key provisions of legislation that covers termination and the latest proposed amendment 2021

Module 13: Corrective Discipline

• The concept of progressive discipline
• Principles of progressive discipline
• Informal disciplinary action
• Disciplinary counselling interview
• Disciplinary interview

Module 14: Types of Misconduct (Major & Minor Misconduct)

• Malingering
• Tardiness
• Poor or inefficient job performance
• Absence without approval
• Absence before or after PH
• Absence from the workplace
• Excessive MC

Module 15: Disciplinary and Grievance procedures at work

• Learn techniques to avoid getting to this stage.
• How to avoid employment disputes and costly tribunals.
• Understand employment law and the disciplinary and grievance process.
• Understand the importance of investigation, documentation and accurate recording

Module 16: How to draw the line between tough management and harassment

• Where can workplace harassment occur?
• What criteria have to be met to establish whether there was harassment?
• Time limit to file a complaint
• Examples of what constitutes workplace harassment
• Examples of what does not constitute workplace harassment
• To help frame the situation, ask yourself:
• Poisoned work environment
• If you believe you have been harassed

Module 17: Handling Poor performance (PIP)

• Performance Improvement Plan (PIP)
• Purpose of PIP
• How to establish PIP
• Step by step guide