PLEASE CLICK HERE to view upcoming event. Information here is outdated

Lawful Termination by Employers and Understanding Employee Benefits

25 Feb, 2021, Webinar Classroom Training

IPA Training is Registered with

Venue Details

Webinar Classroom Training


Contact us

FOR COURSE DETAILS

Juliany,

Office: 03 2283 6109

Mobile: +60 122281247

juliany@ipa.com.my

Phoebe,

Office: 03 2283 6100

Mobile: +60 193637822

phoebe@ipa.com.my

Bee Teng,

Office: 03 2282 6112

Mobile: +60 172566121

beeteng@ipa.com.my

FOR CUSTOMISED IN-HOUSE TRAINING

ADDRESS

A-28-5, 28th Floor, Menara UOA Bangsar,
No.5, Jalan Bangsar Utama 1,
59000 Kuala Lumpur

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.

COURSE OUTLINE
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?
1.00

Lunch

2:00

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
3.45

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.
5.00

End of Course