EMPLOYMENT ACT, INDUSTRIAL

RELATIONS
& DISCIPLINARY INQUIRY
20 & 21-05-2015 ( 2 days )
09.30am till 5.00pm

Learning Objective

1. Understand the Scope of Employment, Industrial Relations, Trade

Union, EPF and Socso Acts
2. The Employer/Employee Contract of Service Dos or Donts
3. Terminating Contract of Service and Employee Dismissal
4. Employer Obligation to Payment of Wages
5. Employer in Employment of Women Employees
6. Protection for Women in Maternity Eligibility, Allowances, etc.
7. The Staff Overtime, Annual Leaves and Condition of Service
8. Industrial Disputes and Legal Procedures in Trade Union Disputes
9. Trade Union Rights, Priviledges and Trade Union Administration
10. Practical understanding of EPF and Socso Requirements

Target Participants

Personnel and Non-Personnel Professionals Personnel Officer, Executive,

Manager, Heads of Department & People interested Malaysian Labour
Law

Outline

Part A MASTER CLASS EMPLOYMENT ACT and REGULATIONS,

1955
1. SCOPE OF CONTRACT

A. Who is covered by the Employment Act and Regulations, 1955

B. Meaning of Employee, Employer and Wages
C. The Employment Act 1955 - The Workers Protection for Salary above
RM 1,500

2. CONTRACT OF SERVICE vs CONTRACT FOR SERVICE

A. The Probation Period and Confirmation Letter in a Contract of

Service.
B. The Validity of Additional/Favourable Terms or Conditions in
Contract of Employment
C. Restriction of Trade Union Activities and Requirement Contracts

3. TERMINATION OF CONTRACT OF SERVICE

A. What is Termination of Contract and Termination With Notice

B. Absence without Reasonable Excuse S 15 (2)
C. Breach of Contracts S 13 (2) and Types of Reprimand under S 14 of
Misconduct
D. The Retrenchment and Retirement of Employees
E. The Constructive Dismissal and Doctrine of Frustration
F. Performance, Negligence, Malingering & Assault of Superior
G. SMI AsiaTM Skill ONE Problems Solution Analysis on Various
Types of Termination of Contract

4. PAYMENT OF WAGES

A. The Employers Obligation to pay Wages and Forms of Payments

B. Time of Payment, Wage Period and Limitation on Advances
C. Special Deduction from Wages, Employees Consent and Director
Generals Approval
D. Payment on Normal Termination of Contract and Special
Circumstances in Breach of Contract
E. The Truck System Legal Tender, Payment through Banks and
Interest on Advances
F. Can Employees ask for Advance from Employers?
G. SMI AsiaTM Skill TWO Steps to Ensure Payment of Wages is Within
Boundary of Employment Act

5. EMPLOYMENT OF WOMEN & MATERNITY PROTECTION

A. Rule for Exemption to work and Prohibition for Underground Work

B. Who is Eligible for Maternity Protection and the Qualifying
Conditions
C. Can Employer ask Female Employee to STOP WORK during
Advanced Stages of Pregnancy
D. Payment of Maternity Allowance and Forfeiture of Allowances
E. SMI AsiaTM Skill THREE Manage Irregular, Special and Abnormal
Cases for Maternity Protection

6. STAFF LEAVES, OVERTIME, HOURS OF WORK and OTHER

CONDITION OF SERVICE

A. Staff Leave Entitlement and Calculations Annual Leave, Sick Leave,

Maternity, Public Holidays, Rest Day.
B. Hours of Work, Shift Work, Termination, Lay-off Benefits and
Overtime Rules and Eligibility and Calculation
C. Flexi Hours, Transfer, Travelling, and Secondment.
D. Medical, Hospitalisation and Housing Benefits and Restrictions.
E. SMI AsiaTM Skill FOUR Develop Staff Benefits Scheme and Its Total
Costs

7. STAFF COMPLAINTS, SETTLEMENT and INQUIRIES

A. Director Generals Power on Complaints, Settlement & Inquiries

B. The Labour Court Rules and Procedures
C. Understand Staff Reinstatement and Compensation.
D. SMI AsiaTM Skill FIVE Proper Channel for Staff Complaints and
Inquiries

Part B MASTER CLASS THE INDUSTRIAL RELATION ACT, 1967

1. INDUSTRIAL RELATION SCOPE and INTERPRETATION

A. Formation, Legislation and Recognition of Trade Union.

B. Collective Bargaining & Collective Agreement with Trade Union.
C. Handling Staff Grievances and Trade Union Disputes

2. INDUSTRIAL DISPUTE and LEGAL PROCEDURE

A. Provisions of Industrial Relation Act for Unionised and Non-

Unionised Sector
- Industrial Conflicts, Strikes and Lock-outs
- Trade Union Disputes and Managements Function
- Representations on Dismissal and Conciliation
- Notice of Strike and Staff Picketing
- Finality of Executive Decisions and Industrial Court Award
- Interpretation and Non-Compliance of Collective Agreement

3. HANDLING GRIEVANCES, DISCIPLINE and DOMESTIC INQUIRY

A. Why Grievances arise and Turn it to Corporate Productivity

B. Enforce Positive Disciplinary Action Probationers, Absenteeism,
Habitual Late comers, Excessive Medical Leave, Inefficiency, etc.
C. Misconduct, Domestic Inquiry and Principles of Natural Justice
D. Procedure for Domestic Inquiry, Role of Personnel Officer,
Suspension, Letter of Explanation, Charge Letter, etc.
E. SMI AsiaTM Skill SIX Develop Action Plans for Disciplinary Action

4. SETTLEMENT OF DISPUTES

A. The Role of Industrial Relation Department and Minister of Human

Resources
B. The Labour Court Jurisdiction
C. The Industrial Court Jurisdiction
D. SMI AsiaTM Skill SEVEN Managing Labour and Industrial Court
Disputes

Part C MASTER CLASS TRADE UNION ACT, 1959

1. The Registration and Cancellation of Trade Unions
2. Trade Union Rights, Privileges, Restriction A Secret Ballot
3. Power of Director General Trade Union in Trade Union
Administration

Part D MASTER CLASS EMPLOYEES PROVIDENT FUND ACT,

1991

1. Key Definition and Terms in Employees Provident Fund

2. Directors Responsibilities, Offences and Punishing Penalties
3. EPF Legislation on Bankruptcy, Liquidation, Receivership and
Winding-up Companies

Part E MASTER CLASS SOCIAL SECURITY ACT, 1969

1. Employment Injury Insurance Scheme

2. Invalidity Pension Scheme