Employment Act 1955 Including the 2022 Amendments

26-27 Feb, 2024, Wyndham Grand Bangsar Kuala Lumpur (Formerly Known As Pullman Bangsar Kuala Lumpur)

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Dr. S. Selvanathan PhD. LLB (Hons) UK, DIP. (HRM) UK has over 35 years of experience in the area of Human Resource and Industrial Relations Management having risen from the ranks to become the General Manager (Human Resource Department) of a leading multinational organization.

 

In the course of this rich experience, he was a panel member of the Industrial Court for three terms and has heard disputes that were brought before it for arbitration. His experience includes handling Industrial as well as Labour Court cases. Due to his vast experience, he is frequently called up as a consultant and his clients include numerous multinational organizations involved in electronics, manufacturing, construction, hotel, security, human resource and service industry. He is also a regional trainer in areas relating to the subject.

 

Dr Selva is a certified trainer by PSMB. He was also a pioneer in the research and implementation of the Code of Conduct for the Prevention and Eradication of Sexual Harassment at the Workplace.

 

Dr Selva is a specialist on the Labour Laws of Malaysia and was also actively involved in the various labs conducted by PEMANDU under the Prime Minister’s Department in the last amendments especially to the Employment Act 1955, the Industrial Relations Act 1967 and the Trade Union Act 1948. The amendments came into force on 1st April 2012. He was also actively involved in the recent (2020) proposed amendments to the Labour Laws.

 

Dr. Selva has assisted many organizations both local and multinationals in the implementation of Human Resource Policies and Guidelines, Compensation and Benefits, Wage Systems, Appraisal System (KPI), Company Handbooks, Manuals, Managing Misconducts, etc.

 

His trainings amongst others include:

The Employment Act 1955, Industrial Relations Act 1967, Trade Union Act, Minimum Wages, Minimum Retirement Age, Managing Misconducts at Workplace, Managing Industrial Relations, How to manage an effective Appraisal System (KPI), Sexual Harassment, Termination of employment, Domestic Inquiry, Establishment of JCC (Joint Consultative Council), HR Documentations & Forms, Occupational Safety & Health Act (OSHA), etc.

Venue Details

Wyndham Grand Bangsar Kuala Lumpur (Formerly Known As Pullman Bangsar Kuala Lumpur)
Jalan Pantai Baharu, Jaya Tower 3,
Phone : 03-2298 1888

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
  • Module 1 – Introduction
  • Module 2 – Various Definitions
  • Module 3 – Repudiation Of Contract
  • Module 4 – Termination & Dismissal
  • Module 5 – Wages
  • Module 6 – Application Of The Law On Deductions From Wages
  • Module 7 – Pregnancy & Maternity / Paternity
  • Module 8 – Sick Leave
  • Module 9 – Public Holiday (PH)
  • Module 10 – Hours Of Work
  • Module 11 – Rest Day
  • Module 12 – Annual Leave (AL)
  • Module 13 – Hospitalization
  • Module 14 – Termination Benefits (TB)
  • Module 15 – Employment Of Foreign Employees
  • Module 16 – Sexual Harassment
  • Module 17 – Other Amendments
COURSE OBJECTIVES

The minimum benefits provided by the Employment Act must be given to employees who are covered by the Act. Participants will be equipped with practical solutions and interpretations of the law based on Case Laws where applicable. It is important that HR practitioners know such laws to avoid ‘non-compliance actions’ by the Labour Department.

This course shall also cover the 2022 amendments to the Employment Act which is enforced with effect from 1.1.2023.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Interpreting and applying the salient provisions of the Employment Act 1955 including the 2022 amendments.
  2. Identifying the risks to the company.
  3. Knowing who are covered under Employment Act.
  4. Managing benefits such as annual leave entitlement, sick leave, maternity leave, public holidays and rest days effectively.
  5. Calculating overtime on normal working days, rest days, public Holidays, termination benefits, correctly.
WHO SHOULD ATTEND
  • Employers
  • HR Managers / HR Executives
  • Payroll Managers / Payroll Executives
  • Compensations & Benefits Managers / Executives
  • Heads of Department
  • Heads of Division / Operation Managers / Executives
METHODOLOGY
Interactive lectures and Discussions. For better understanding, Court Awards and guidelines will be used where necessary.
DAY 1
9:00

MODULE 1 – INTRODUCTION

  • Purpose of the law
  • Various Labour Laws
 

MODULE 2 – VARIOUS DEFINITIONS

  • Approved incentive scheme
  • Apprentice
  • Confinement
  • Day
  • Wages
  • Employee
  • Wages
  • Contract of Service
10.45

MODULE 3 – REPUDIATION OF CONTRACT

  • Absence of more than two consecutive working days
  • Breach by Employer
 

MODULE 4 – TERMINATION & DISMISSAL

  • Application of the law on Misconduct
  • When is dismissal imposed?
  • Procedure before dismissal
  • When to suspend an employee?
12.00

MODULE 5 – WAGES

  • What is ORP?
  • Application of ORP, calculations
  • What is wage period?
  • Payable through bank / Financial Institutions
  • When is wages payable under resignation, dismissal, etc?
  • Calculation of wages for incomplete month
  • When is wages not payable?
  • Advances
  • Contractors & Principals responsibility and liability
 

MODULE 6 – APPLICATION OF THE LAW ON DEDUCTIONS FROM WAGES

  • What are lawful deductions?
  • Can wages be deducted for lateness?
  • Can employer hold back wages?
  • Advances above 1 month (How to manage?)
1:00 Lunch
2:00

MODULE 7 – PREGNANCY & MATERNITY / PATERNITY

  • Qualifications for maternity benefit
  • Number of days
  • Can Maternity Leave be used as notice period for resignation?
  • Returning to work whilst on maternity leave
  • Termination of Pregnant Employee
  • Paternity Leave
 

MODULE 8 – SICK LEAVE

  • Can you terminate for being on sick leave?
  • Payment for sick leave
3:45

MODULE 9 – PUBLIC HOLIDAY (PH)

  • Minimum number of PH
  • Work on PH
  • Work on compulsory PH
 

MODULE 10 – HOURS OF WORK

  • Maximum hours under the Act
  • Hours for Shift Work
  • When to provide break time
5:00 End of Day 1
DAY 2
9:00

MODULE 11 – REST DAY

  • Rest day under the Act
  • Calculation of wages on rest day
  • Can you force employees to work on a rest day
  • Payment for overtime on Rest Day.
 

MODULE 12 – ANNUAL LEAVE (AL)

  • Minimum number of days
  • Who is the approving authority?
  • Can AL application be rejected?
10.45

MODULE 13 – HOSPITALIZATION

  • Number of days
  • Is it inclusive of normal sick leave?
  • What is hospitalisation?
 

MODULE 14 – TERMINATION BENEFITS (TB)

  • When do you pay?
  • Calculation of TB
  • When to pay?
  • When not to pay?
1:00 Lunch
2:00

MODULE 15 – EMPLOYMENT OF FOREIGN EMPLOYEES

  • Prohibition of terminating local employees to employ foreigners
  • Redundancy
  • Termination of Foreign Employees
 

MODULE 16 – SEXUAL HARASSMENT

  • Definition
  • What was amended in 2022?
 

MODULE 17 – OTHER AMENDMENTS

  • First Schedule – Definition of Employee
  • Employment of Women – Deleted
  • ss44A & ss81G Deleted
  • s.69B, 69C,69D,69E all deleted and its effect
  • s.69F – Discrimination
  • Part XIIC - Flexible Working
  • S. 90B - Forced Labour
  • Who is the employer? s.101C
5:00 End of Course