Understanding The Employment Act 1955 Including Latest Amendments

11-12 Apr, 2018, Vistana Kuala Lumpur

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En Wan Abu Bakar has more than 27 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 - 50400
Phone : (603) 4042 8000

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ADDRESS 
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FOCUSING ON

  • Introduction
  • Contract
  • Wages
  • Working Hours
  • Notice And Termination
  • Amendments To Date
  • Employee Benefits
  • Employment Of Women
  • Foreign Worker
  • Submission Of Reports
  • Labour Department
  • Due Inquiry
  • What We Learnt From MCO
  • The New Norms. Adaptability?
  • FQAS During MCO (Employment Matters)
  • How To Handle Termination/ Dismissal / Retrenchment / Closure
  • Pre & Post MCO
  • Sharing Your Experience During MCO
METHODOLOGY

Lecture, Group discussions, case studies, individual presentation and Q & A

WHO SHOULD ATTEND
  • Managing Directors
  • General Managers
  • HR/IR Directors, Managers, Officers and Executives
  • Directors/Decision Makers
  • Corporate/HR/IR Consultants
  • Personnel/Training Managers
  • Administrations Managers/officers
  • Compensations and Benefits Managers
  • Payroll/Salary Administrators
  • Those Handling employee relations
AFTER ATTENDING THIS COURSE,
YOU WILL RETURN TO YOUR JOB…
  1. Obtaining thorough understanding of the Employment Act 1955.
  2. Having a better knowledge of the rights and obligations of the employer / employees.
  3. Gaining a better grasp of the legal requirements in the Employment Act 1955.
  4. Understanding the various sections where its compliance will make you richer in knowledge – and your company, law-abiding.
  5. Providing the minimum standards/terms and conditions of employment in your contract of service to new hirer.
  6. Convincing “others” on the aspects of the Employment Act 1955 (and its requirements) in your day to day employees administration.
  7. Being more confident when initiating termination (separation) decisions against offenders.
  8. Acquiring basic knowledge in the Due Inquiry (Domestic Inquiry) and Termination process.
 
DAY ONE
9:00 INTRODUCTION
  • Historical background of Employment Act 1955.
  • Objectives, Definitions and Interpretations.
  • First Schedule. What is an “Employee”
  • Scope and coverage of Employment Act 1955.
  • Amendments to date.
  CONTRACT
  • Contract of Service / Contract for Service
  • Fixed-term Contract / Contractors.
  • Prohibitions in a contract.
  • Employers’ / Employee’ Rights.
  • Breach of Contract-Cases.
  • Deliberate
    -- Employment (Regulations) Act 1957. Section 5(a), 5(b) and 5(c).
  WAGES
  • Definitions and Control.
  • Payments, Advances, and Deductions.
  • Non-attendance / Unearned wages?
1:00 Lunch

2:00 WORKING HOURS
  • Hours of work, Normal Working Hours.
  • Shift work
    -- Control.
  • Spread
    -- over period.
  • Overtime
    -- Its definitions and control.
  NOTICE AND TERMINATION
  • Notice period.
  • Deliberation
    -- Section 12,13,14,15 etc.
  • Grounds of Terminations.
  • Understanding Misconducts
    -- Control.
  • Handling Absenteeism, Malingering, Unsatisfactory
  • Performance and M.I.A.
  • Due inquiry
    -- The process.
  • Overview
    -- Termination, Lay-off and Retirement Benefits.
  AMENDMENTS TO DATE
  • Its rationale and effects.
  • Review the Changes / Amended sections.
  • Its implementation and compliance.
  • Penalties for non-compliance
  EMPLOYEE BENEFITS
  • Annual leave, Sick leave, and Public holidays entitlements.
  • Rest days, Substitution for Leave
    -- Entitlements.
  • Working on PH / Rest days
    -- Payments and Entitlements.
  • Penalties for non-compliance
  • Cited cases
    -- For reference.
5:00 End of Day One

DAY TWO
9:00 REVIEW OF DAY ONE
  • Discussion on feedbacks.
  • Q & A
  BENEFITS ACCORDED
  • Continue from Day One
    -- Deliberate.
  EMPLOYMENT OF WOMEN
  • The Restrictions, Control and Prohibitions.
  • Benefits
    -- Maternity leave and implementations.
    -- Entitlements and control.
  • Maternity register.
1:00 Lunch

2:00 FOREIGN WORKER
  • Their rights, benefits, entitlements and control.
  • Non-compliance
    -- Penalties
  SUBMISSION OF REPORTS
  • The control on Employment / Termination of Foreign workers.
    -- Sect. 60 K.
  • Commencement of Business
    -- Sect. 63.
  • Report on Retrenchment, VSS and Closure etc.
  • Penalties for non-compliance.
  LABOUR DEPARTMENT
  • Powers and Roles of the Director General and Officers.
  • Labour Court
    -- Roles and Functions.
  • Sect. 69- the Roles within / control.
  THE DUE INQUIRY
  • The pertinent requirements. Power of Sect 14 and 69.
  • Domestic Inquiry vs Due Inquiry.
  • Introduction to D.I.
  • Court Citation on past cases
5:00 End of Course