Effective Terminating Process under Malaysian Labour Laws

18-19 May, 2017, Hotel Istana

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AMBIGAH KRISHNAN
LL.B (Hons) London, CLP (Malaysia), TESOL (Canada)
Ambigah Krishnan has 15 years of training and corporate experience on legal topics including civil litigation, employment matters, Mergers & Acquisition, company matters, corporate, banking issues and Testamentary issues including the writing of Wills. She is a PSMB licensed corporate trainer and Corporate Legal Adviser who has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

 

Work Experience

  • Ambigah Krishnan has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.
  • She has conducted courses for Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Tenancy laws and Procedure, Drafting Commercial Contracts and Terms, the Personal Data Protection Act 2010 which includes drafting of Consent letters for Employees, Customers/Vendors and Visitors as required under the Act which forms part of the Training and doing project management on Personal Data Protection implementation for Pro tem Committees, Entrepreneur seminars for fresh graduates and business community.
  • She has trained for the Federation of Manufacturers of Malaysia (FMM).
  • Involved in advice and drafting of Human Resource policy and procedures and published Human Resource Manual for the corporate sector.
  • Ambigah is also actively involved with her legal consultation especially in the corporate field.

Venue Details

Hotel Istana
73 Jalan Raja Chulan, 50200 Kuala Lumpur,
Phone : 03 2141 9988
Fax : 03 2144 0111

Click For Hotel Location

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Hiring of Workers
  • Law and Practice on Misconduct
  • Employee and Malingering
  • The law on Termination
    - Termination – Burden of Proof
    - Termination vs. Dismissal – Private Sector employees
    - Remedy for unfair dismissal
    - Termination for the Breach of Contract
    - Termination and Understanding Probation
    - Procedure for dismissing employee on grounds of poor Performance
    - Definition of Wages on Termination, Dismissal and Retrenchment
    - Procedure for Lay-offs and Retrenchment
  • Domestic Inquiry
OBJECTIVE

The main purpose of this course is to allow the Human Resource Management to familiarize themselves with the implication of the Labour laws. The functional managers in organizations must be acquainted with the operational aspects of:

  • how to write warning letters,
  • management prerogatives and employee rights,
  • probation and the law
  • how to effect unchallengeable dismissal
  • how to terminate per the employee’s contract of service
  • how to retrench without suffocating productivity.

This 2-day course will enable Managers to effortlessly carry out the above.

WHO SHOULD ATTEND
• The Management and Supervisors who intend to have an understanding of managing discipline at the workplace.
METHODOLOGY
  • Power Point Presentation
  • Discussion
  • Small group activities
  • Problem Solving using real life scenarios from the workplace.
  • Sample HR letters for Domestic Inquiry Process will be provided
AFTER ATTENDING THIS COURSE, YOU WILL RETURN TO YOUR JOB...
  1. Making Employers know of their rights under the law, to avoid unnecessary and costly litigation.
  2. Understanding the probable causes of absenteeism.
  3. Understanding the different types of misconduct.
  4. Knowing how to manage employee poor performance.
  5. Learning what are the proper procedures to terminate an employee.
  6. Being able to make sure that the termination procedure was fair.
  7. Understanding different types of Dismissals.
  8. Understanding procedures for retrenchment.
  9. Being able to draft the relevant letters at the pertinent stages.
  10. Knowing the different stages of Domestic Inquiry.

Participants will be able to apply the legal aspects of the law to their Human Resource Management system and formulate policies that will enhance a more harmonious employer-employee relationship.

  
DAY 1
9:00 HIRING OF WORKERS
  • Balance between employee security of tenure and employer right to Terminate / dismiss employees
10:45 LAW AND PRACTICE ON MISCONDUCT
  • Types of Misconduct and Procedure for Dismissal
    -- Absence without leave & Innocent Absenteeism
    -- Tardiness
    -- late-comers
    -- Poor performance
    -- Insubordination
    -- Disobedience
1:00 Lunch

2:00 EMPLOYEE & MALINGERING
  • Control of Excessive MC Taking
  • Procedure to handle Malingering
3:45 THE LAW ON TERMINATION
 
  [A] Termination – Burden of Proof
  • Factors to be considered before termination.
  • Understanding the relevant provisions of the Employment Act for Termination:
  • Section 12(1)& (2)
  • Section 13(1) & (2)
  • Section 14 (1), (2) & (3)
  • Consequences of unjustified termination and Case studies
5:00 End of Day 1
DAY 2
9:00 THE LAW ON TERMINATION (cont.)


  [B] Termination vs. Dismissal – Private Sector employees
  • What is the law on dismissal?
  • Types of dismissal
  • Is there any difference between termination of employment & dismissal
  • For private sector employees?
  [C] Remedy for unfair dismissal
  • Industrial Court awards on unfair dismissal
  • Difference between Unfair Dismissal and Constructive Dismissal
  • Conditions to be met to show Constructive dismissal & Case Studies
  • What are the considerations of the Industrial court in reviewing whether the dismissal was for just cause and excuse?
10:45 [D] Termination for the Breach of Contract
  • Section
  • Section 15(1) & (2) – Absent without leave
  • Section 60F (2)
  [E] Termination and Understanding Probation
  • Procedure for termination during Probation
  • Procedure for termination after end of Probation
  • Basic Principles for Poor Performance
  • Managing Probationers
  [F] Procedure for dismissing employee on grounds of poor performance
  • 3 Step procedure to carry out dismissal
  • Industrial Court Guidelines on poor performance.
  • How to manage poor performance of confirmed employees
  • Pitfalls leading to weak management of poor performance
1:00 Lunch

2:00 [G] Definition of Wages on Termination, Dismissal and Retrenchment
  • Contract of Service, Breach of Contract and termination of contract
  • Wage period, wage payment, priority of wages and deduction from Wages
  • Termination and Lay Off benefits
3:45 [H] Procedure for Lay-offs and Retrenchment
  • Employment [Termination and Lay-Off Benefits] Regulation 1980
  • Requirements for terminating an employee or groups of employees
  • Are there employment laws that laid-off employees can use to challenge their inclusion in the layoff?
  • The Principal of LIFO
  • Common questions on Termination/Layoffs and Retrenchment.
  DOMESTIC INQUIRY
  • Section 14[EA 1955]
  • The Principles of Natural Justice
  • The Stages of a Domestic Inquiry
  • Preliminary Inquiry
  • Charge Sheet
  • Notice of Inquiry
  • Decision of Panel
  • Disciplinary Punishments
5:00 End of Course