The Law of Retrenchment and Termination (Online Training)

Course Objectives

The programme covers all the legal and human aspects of planning and executing retrenchments. Principles made through Industrial Court decisions will be shared in the programme. Some retrenchments were declared not genuine while others were found to be genuine. While the focus is on those who are covered under the Employment Act 1955, the programme also covers those who are outside its scope. The basic principles of genuine retrenchment apply to all employees under the Industrial Relations Act 1967 and in the Industrial Court.

Participants should be able to:

  • Understand the difference between retrenchment and termination
  • Identify who can be retrenched or laid-off and paid retrenchment benefits
  • Calculate the quantum of retrenchment / lay-off benefits
  • Calculate the right amount of monthly salary for retrenched employees
  • Know both the legal and soft approaches in handling retrenchments / lay-offs
  • Manage dismissals and resignations during retrenchment / lay-offs

Target Audience

HR managers, HR personnel involved, any management role keen on this topic.

Methodology

This Live Online / Virtual Training session will be conducted via a Live Streaming Platform in which the trainer will use interactive lecture and slide presentation to cover the modules stated below.

The workshop will help participants transform powerful new concepts into swift, effective action through:
• Interactive lessons on how to handle retrenchment
• Peer discussions                                                                                                                                                                        • Compelling videos on the issue that will be discussed.
• Real case studies related to termination and retrenchment.
• FAQ’s and topical Q&A sessions, with relevant case laws.

Course Modules

  • Module 1:

    – What is retrenchment and what is redundancy? Is there a difference in meaning behind the terminology?
    – Difference between retrenchment and termination
    – LIFO and FIFO principles in retrenchment
    – VSS and MSS
    – Breaking the retrenchment news to employees

  • Module 2:
    – In what situation can a company retrench an employee?
    – What guidelines should employers follow when selecting employees to retrench?
    – Code of Conduct for Industrial Harmony
    – Burden of proof
    – Computing annual leave, sick leave and maternity leave during retrenchment

  • Module 3:
    – Notification to the authorities
    – Does the law require employers to pay any retrenchment benefits?
    – Calculating wages on retrenchment
    – Role of labour department in retrenchment

  • Module 4:
    – Can employees challenge a retrenchment?
    – Can an employee claim wrongful dismissal on retrenchment?
    – Case Study: When is a retrenchment fair? [Segaran Venoo v PPG Coatings (Malaysia) Sdn Bhd [2012]
    – Case studies
    – Best practices for retrenchment

Get To Know The Trainer

Trainer Mathy

 

Mathy holds a Masters in Human Resource Development (majoring in Training & Development) from University Putra Malaysia. She brings with her more than 18 years of working experience in training and consultancy. Mathy is an experienced facilitator with over 18 years in-house corporate experience around Asia. She is passionate about learning and development and has been working in this space for ten years focusing on Change, Culture and People.

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