Lawful Termination by Employers & Understanding Employee Benefits

26-27 Nov, 2020, Webinar Classroom Training

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AMBIGAH KRISHNAN
Advocate & Solicitor
LL.B (Hons) (London), Certificate In Legal Practice (Malaysia), TESOL (Canada)
.

 

Ambigah Krishnan has more than 15 years of training and corporate experience on Law topics. She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Lawyer who was called to the Malaysian Bar in 1996 and admitted as Advocate and Solicitor of the High Court of Malaya. Ambigah is currently practising under Tetuan Ambigah Krishnan & Co, Peguambela & Peguamcara, Kuala Lumpur. Ambigah Krishnan trains in West Malaysia, Sabah, Sarawak and Brunei Darussalam.

 

She has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

 

Work Experience
Ambigah Krishnan is an experienced lawyer and trainer and has been involved in PDPA seminars and implementation at the workplace since its inception in 2013.

 

She is also involved in areas relating to Contract Law, civil litigation, Risk compliance, Anti-Corruption laws and areas of Fraud prevention, Employment Law and IR, company matters, corporate, Dispute Resolution, banking issues and Testamentary issues including the writing of Wills. She has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.

Areas Trained
Ambigah Krishnan conducts seminars for Employment law and Industrial Relations law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Labour laws, Employment Law for HR and Non HR Managers, Grievance Handling for Heads of Department, Tenancy and Leases law and Procedure, Precision Drafting / Writing Commercial Contracts Advance Level, Contract Management, Purchasing Contracts and issue of liability for Vendors, Suppliers and Procurement Managers, Seminar on Prevention of Staff Fraud in association with PDRM, Anti-Corruption and Corporate Liability under MACC Act 2009/2018, the Personal Data Protection Act 2010 & Standards 2015 and Personal Data Protection Compliance implementation, EU GDPR 2018 including conference speaker for APEC, Information Security Training; Entrepreneur seminars for fresh graduates and business community.

 

Industry Experience
Trained for Telecommunication sector, Health sector, Finance sector, Government of Malaysia, Insurance sector, Government Linked Companies, Auto Industry sector Manufacturing sector and Oil & Gas Industry.

 

Some of the corporate entities include:
Asia Pacific Member Countries [APEC], Apex Healthcare Berhad, University College of Technology Sibu, Mitsubishi, Hua Wei Technologies, MAXIS, Boustead Heavy Industries Corporation Berhad, Sarawak Economic Development Corporation, Samsung [LEGAL DEPARTMENT], Bank Negara, Labuan Financial Services Authority, Warisan Harta Sabah Sdn Bhd, International Shipcare Sdn Bhd, Allion Kitigan & Partners, C.K Ngar & Co, Lim Chung & Zakaria, J.T.Kulia & Co, Lind Willie Wong & Chin, Mitra Malaysia Sdn Bhd, Penang Medical College, Miki Share service centre Sdn Bhd, Male’Water & Sewerage Company Pvt.Ltd Maldives, PLUS Berhad, EXIM Bank, IMU, Best Westin, Medivest Sdn Bhd, InterContinental Hotel, UEM Agenta, Cradle Fund [Ministry of Finance Government of Malaysia], Emery Oleochemicals [M] Sdn Bhd, Spirax Sarco Sdn Bhd, Kraiburg Sdn Bhd, Weida Integrated Industries [Sarawak] Sdn Bhd, Ho & Siong [Brunei],University Brunei Darulsalam, PWD Government of Brunei, Syarikat Bekalan Air Selangor Sdn Bhd, Coway [M] Sdn Bhd, Kumpulan Darul Ehsan Berhad,Q-Value Add Sdn Bhd, Ng Hong Huwan, IDOTTV Sdn Bhd, ACFM Engineering & Construction Sdn Bhd Sarawak, Daya Builders Sdn Bhd, Ms Gala & Tomik Advocates, Saradise Sdn Bhd, Titanium Project Management Sdn Bhd, Syarikat SESCO Berhad, Instacom Engineering Sdn Bhd, Bernas, Tenaga Nasional Berhad. Media Prima Berhad, SACOF SND BHD, Kendek Products Sdn Bhd, E&P O&M Services Sdn Bhd, ELEKRISOLA [MALAYSIA] Sdn Bhd, Essem Corporation Sdn Bhd, CIC Environmental [Brunei], Syarikat Takaful Brunei Darussalam, Jurutera OMC Brunei, Jerudong Park Medical Centre Brunei, CENERGI Sdn Bhd, HRSB Holdings Sdn Bhd, Koperasi Kakitangan Petronas Berhad, LES’ COPAQUE Sdn Bhd, ORASKO Trading Sdn Bhd, SAMSUNG SDI ENERGY Sdn Bhd, SAMSUNG CORNING[MALAYSIA] Sdn Bhd, SARAWAK shell Sdn Bhd, TECHNOLOGY DEPOSITORY AGENCY, THE INTERNATIONAL SCHOOL OF KUALA LUMPUR [ISKL], BRAC Bangladesh.

Venue Details

Webinar Classroom Training

Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Michelle,
M - 019 363 7822
michelle@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
yvonne@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: Understand The Different Contracts Of Employees
  • Module 2: Handling Misconduct And The Relevant Disciplinary Procedures
  • Module 3: Effective Warnings And Notice Periods Both Contractual And Statutory
  • Module 4: Ending The Employment Relationship And Avoiding Wrongful Dismissal
  • Module 5: Employee Rights Under Employment Law
  • Module 6: EIS [Employee Insurance Scheme]
INTRODUCTION

Understanding Termination process is essential for all Managers and Supervisors and Human Resource as they can use the Employment Law with greater understanding and most importantly have a good defence in a claim against the company.

 

The Employment Act 1955 forms the basis of employment contracts between employer and certain categories of mostly non-management employees. It also serves as a guideline for employees who are not protected under the EA.

 

The EIS is an insurance scheme for Malaysian employees for employment injury or invalidity. Both employer and employee are required by law to contribute to EIS.

LEARNING OBJECTIVES
  1. Understand the general requirements of the Labour Laws of Malaysia and its relative application at work.
  2. Ability to implement the right processes and procedures covering the crucial areas: Hiring; Managing Human Resources; Effective Deployment; Setting of KPIs Consequence Management [Management of Disciplinary Issues; Correspondence; Domestic Inquiry; Termination Process and Legal claims by Dismissed Employees]
  3. Ability by Management / Organization to reduce the risk of wrong Human Resource Management Practices
    • Make Employers know of their rights under the law, to avoid unnecessary and costly litigation;
    • Understand the probable causes of absenteeism and identifying strategies to find long term solutions to absenteeism;
    • Understand how to effectively deal with poor performance and misconduct;
    • Obtain effective efficiency from the workforce at all levels of the organization;
    • Learn what are the proper procedures to terminate an employee;
    • Learn to use the legal provisions relating to termination effectively;
    • Able to draft Warning / Show Cause / Charges letters at the pertinent stages;
    • Understand when to terminate the employee and how to prepare for challenges under the Industrial Relation Act
  4. • Register employees with EIS
    • Identify the benefits to employees under the provisions of EIS
    • Explain the benefits of EIS to employees
    • Explain the Employee Insurance Scheme to employees
WHO SHOULD ATTEND
  • All HR Managers and Executives need to know the main provisions of the EA for Termination and to avoid providing benefits less than the Employment Act. They may at times need to explain to employees some of the main provisions of the Employment Act so as to avoid misunderstanding.

    Suitable For
    General Managers, Human Resource Managers and Staff, Executives and Supervisors. All staff who need to understand termination process and employee rights.

WHO SHOULD ATTEND

Interactive Lectures and Presentations, Case Situations, Discussions

There will be Q & A sessions throughout the 2 day course.

DAY 1
9:00

MODULE 1: UNDERSTAND THE DIFFERENT CONTRACTS OF EMPLOYEES

  • Contract for Service
  • Contract of Service
  • Probation Contract
  • Fixed term contract
 

MODULE 2: HANDLING MISCONDUCTAND THE RELEVANT DISCIPLINARY PROCEDURES

  • Different strategies for Discipline
  • Understanding the 3 different types of Absenteeism and the different procedures used.
  • Procedure for medical boarding out and Prolong illness
  • Understanding various other misconducts including Malingerer / Tardiness / Habitual Late comers / Insubordination & Disobedience.
10.45

MODULE 3: EFFECTIVE WARNINGS AND NOTICE PERIODS BOTH CONTRACTUAL AND STATUTORY

  • Understand what is statutory Notice period and when to compensate.
 

MODULE 4: ENDING THE EMPLOYMENT RELATIONSHIP AND AVOIDING WRONGFUL DISMISSAL

  • Using the Doctrine of Frustration of contract to terminate –
    - When does it apply
    - Circumstances where contract is said to be frustrated
    - Is Termination Benefits payable in cases of Frustration?
    - Can employee make a claim for Unfair Dismissal in cases of Frustration?
12.30

End of Day 1

DAY 2
9:00

MODULE 5: EMPLOYEE RIGHTS UNDER EMPLOYMENT LAW

  • No of days of entitlement
  • Conditions for paid leave - Public holidays / Rest Days
  • Encashment of leave
  • Maternity Leave
10.45

MODULE 6: EIS [EMPLOYEE INSURANCE SCHEME]

  • Employee Insurance Scheme Act 2017
  • Interpretation of concepts useful for employer
    understanding of scheme.
  • Registration and Contribution by employer
  • Where employee has more than one employer
  • Assessment of contribution and arrears and interest payable
  • Benefits
  • Conditions to qualify contributions
  • Job search allowance
  • Early re-employment allowance
  • Reduced income allowance
  • Powers of officials to inspect and prosecute.
12.30

End of Course