Labour Laws with Emphasis on Employers’ & Employees’ Rights

13-14 Sep, 2018, Vistana Kuala Lumpur

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EN WAN ABU BAKAR has more than 30 years of practical and hands-on experience in all facets of Human Resources Management, Industrial Relations, Training and Performance Management.

 

He was a former Director of Labour, Ministry of Labour (as it was known then) before joining a financial institution in its Personnel / Industrial Relations Division. He later joined the hospitality / hotel industry as its Director of Human Resources before setting his own consultancy firm. His past experience in a unionized environment enables him to conclude Collective Agreements and practise his excellent inter-personal skills.

 

He is a panel member of the Industrial Court (representing the Employers). He was also one of the pioneers in drafting the Code in Eradicating Sexual Harassment in the Workplace initiated by the Ministry of Human Resources.

Venue Details

Vistana Kuala Lumpur
9 Jalan Lumut Off Jalan Ipoh, 50400 Kuala Lumpur,
Phone : 03 4042 8000

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

COURSE HIGHLIGHTS
  • Employment Act
    -- Introduction
    -- Employment Contract
    -- Termination Notice
    -- Wages
    -- Special Sections
    -- Working Hour
    -- Benefits
    -- Employment Of Woman
    -- Due Inquiry
    -- Termination And Lay-Off Benefits
  • Industrial Relations Act 1967
    -- Introduction
    -- Employers / Employees Rights
    -- Claims
    -- Industrial Relations Department
    -- Industrial Actions
  • Trade Union Act 1959
    -- Introduction
    -- National Union
  • Overview Of Other Laws Relating To Employment
WHO SHOULD ATTEND
  • Managing Directors
  • General Managers
  • HR / IR Directors, Managers, Officers and Executives
  • Directors / Decision Makers
  • Corporate / HR / IR Consultants
  • Personnel / Training Managers
  • Administration Managers / Officers
  • Compensation and Benefits Managers
  • Payroll / Salary Administrators


METHODOLOGY
  • Lecture
  • Individuals Exercises
  • Team Activities
  • Presentation
  • Case Studies & Practices
  • Experience - Sharing Sessions


AFTER ATTENDING THIS COURSE,
YOU WILL RETURN TO YOUR JOB…
  1. Understanding the requirement of the Labour Laws.
  2. Knowing how to implement and practice within the legal requirements.
  3. Familiarising yourself with the latest amendments of the Acts
  4. Identifying the perimeter and rights of an employer / employee.
  5. Finding out the hefty penalties for non-adherence.
  6. Learning how to handle Labour Laws matters, especially in initiating termination decisions against offenders.
  7. Understanding the court’s practices.
 
DAY 1
9:00

#EMPLOYMENT ACT 1955#


  INTRODUCTION
  • Historical background – its inception
  • Definitions and Interpretations
  • What is an “Employee”. First Schedule
  • Scope and Coverage of EA ’55
  EMPLOYMENT CONTRACT
  • Contract of Service
  • Contract for Service
  • Fixed term contract
  • Deliberation on - Written, Oral, Express or Implied
  • Breach of Contract - Cases
  • Employer/ Employee’s rights
  TERMINATION NOTICE
  • Misconduct cases
  • Retirement and effluxion of time
  • Notice of termination. Effect for infringements
  • Termination cases - case studies
  • Discussion - past cases and Court Awards
1:00 Lunch

2:00 WAGES
  • Definition of Wages
  • Payments and Restrictions
  • Advances
  • Deductions - lawful and unlawful
 

SPECIAL SECTIONS

  • Absenteeism - Sect. 15
  • Employment (Termination and Lay-off Benefits) Regulations
  • Due Inquiry/Misconduct - Sect. 14
  • Breach of Contract - Sect. 13
 

WORKING HOUR

  • Hours of work. (Control)
  • Overtime implementation
  • Standby / inactive duties
  • Payment and enforcement
  • Spread-over period
4:30

End of Day 1

DAY 2
9:00

REVIEW AND REINFORCE OF DAY 1

  • Feedback on yesterday’s discussion
  • Questions and Answers - experience sharing
 

BENEFITS

  • Practices / implementing
  • Control on AL / PH / SL
  • Abuses and breaches
  • Non-compliance
 

EMPLOYMENT OF WOMAN

  • The Restrictions and Control
  • Maternity Benefits and Maternity Leave
 

DUE INQUIRY

  • Domestic Inquiry Process - overview
  • Basic Requirements
  • Court Citations
  • Due inquiry vs. Domestic Inquiry
 

TERMINATION AND LAY-OFF BENEFITS

 
 

#INDUSTRIAL RELATIONS ACT 1967#

 
 

INTRODUCTION

  • Historical background and its inception
  • Definitions and Interpretation
  • Scope of Coverage - what is a “WORKMAN”
  • Deliberate on past court cases
 

EMPLOYERS/ EMPLOYEES RIGHTS

  • Prohibitions and the Lawful Process
  • Legal Recourse
 

CLAIMS

  • Conditions and Applications
  • Coverage & Method of filing claim
  • Conciliation, Mediation and Arbitration Process
  • Reinstatement? Conditions that applies
 

INDUSTRIAL RELATIONS DEPARTMENT

  • Its role and position - IR Dept
  • Industrial Court - its perimeters
  • Rejected cases - to overview
 

INDUSTRIAL ACTIONS

  • Lock outs, Strikes - picketing
  • Trade Dispute?
  • Trade Union Reaction/ Action - to counter action
1:00 Lunch

2:00 #TRADE UNION ACT 1959#

 

INTRODUCTION

  • Historical Background
  • Interpretations and Definitions - Trade Union Official
  • The prohibitions - formation of a Trade Union (restrictions?)
  • Registration and Deregistration of Trade Union
  • Powers of the Director-General Trade Union.
  • Right, Legalities and Immunity of Trade Union official
  • Strikes - Lockouts
  • Recognition process
 

NATIONAL UNION

  • The composition/ structure
  • Why the need?
  • Formation
  • Control on funds / expenses
  • Legal immunity
 

#OVERVIEW OF OTHER LAWS RELATING TO EMPLOYMENT#

 
 

UNDERSTANDING THE BASIC REQUIREMENTS OF OTHER ACTS

  • Such as SOCSO, EPF, Holidays Act and etc.
4:30

End of Course