Running a business in Malaysia will require you to have a clear understanding of the Malaysian Employment Law and Industrial Relations practice. It is an invaluable tool to help protect your rights and obligation as both an employer and employee. Having a poor understanding of these laws and practices may lead to a lack of harmony, a negative work environment, low morale, and productivity and worse, taken to the Industrial courts and face penalties. So be equipped with the knowledge to help you run your businesses smoothly.

-Understand the main provisions of the Employment Act 1955, Malaysia and specific sections of Industrial      

-Relations Act  

-Make legally binding contracts of employment    

-Use the right formula for work on rest days, public holidays and OT  the right formula for calculating prorated salary for unpaid  leave, joining during the month, leaving before the end of the month  

-Administer leave benefits correctly including unutilized leave

-Handle problems related to sick leave

-Handle problems and challenges related to maternity leave

-Handle various types of disciplinary problems commonly found in organizations

-Manage problem with probationers

-Manage problems related to termination of employees due to various reasons  

-Understand what to do in cases of dismissals

-Understand the various other legal issues in organsations for better employee handling

Day 1: Employer Employee Relationship

Module 1: Employment Contracts  

• Types of contracts
• Differences between Contract of service and Contract for service
• What should be included in contracts
• What documents form the basis of contracts?
• Master – Servant Relationship    
• Legal Registers

Module 2: Working Hours and Days and OverTime

• Normal working hours, 6 or 5-day weeks?   
• Overtime Rates, Duty Roster                          

Module 3: Rest Days & OT

• Rest Days entitlement
• Calculation of payment rates for 2 rest days per week
• Can rest days be replaced?    

Module 4: Public Holidays & OT

• Public holidays entitlement  
• Payment rates if PH falls on Rest Day  
• Rate for work in excess of normal hours on OT
• Absenteeism before and / or after PH

Module 5: Annual Leave   

• Annual Leave entitlement
• Carry forward of annual leave
• Forfeiture of unutilized annual leave
• Annual leave entitlement for terminated employee
• Handling the problem of unutilized annual leave on termination

Module 6: Sick Leave 

• Hospitalization & Non-hospitalization Leave entitlement
• Prolonged illness leave     
• Time limit to inform employer of sick leave
• What action can employer take if employee does not inform of sick leave within the time limit?  
• MC from non-panel doctors
• Termination / Dismissal of employee while on sick leave
• Medically Boarding Out   

Module 7: Maternity Protection

• Number of days of Maternity Leave entitlement
• Obligations of employer to pay maternity allowance to ex-employees under certain conditions   
• Calculation of maternity allowance for deceased employees  
• Conditions for Maternity Allowance
• Dismissals before, during and after maternity leave
• Can an employee be forced to go on maternity leave before confinement date?   
• Legal Register  

Module 8: Wages & Salaries  

• Limit on deductions
• How to recover monies owed by employee
• Limit of salary advance for any purpose
• Procedure for giving staff loans  
• How to recover for overpayment of salaries
• Legalities involved in paying by cheque or crediting the bank    
• Registers

Day 2: Overview of Industrial Relationship Act 1967

• Understand the meaning of 'strike', 'lock-out', 'collective agreement', 'collective barganing' and 'essential services',
• Industrial Court of Malaysia
• Misconduct in Employment

Module 9: Definition of Misconduct

• Negligence and insubordination
• Aggravation of Misconduct
• Provocation of Misconduct
• Criminal Misconduct

Module 10: Suspension of Employees

• Suspension period
• Situation for suspension
• Limit on suspension period
• The different payment rates during suspension  

Module 11: Disciplinary action

•  Types of disciplinary action
•  The legal need for Domestic Inquiry
•  The Code of Conduct for Industrial Harmony  

Module 12: Legal Handling of Situations for Disciplinary Action

• Habitual absenteeism, Tardiness
• Habitual late coming / leaving early  
• Abuse of MC, Poor performance  

Module 13: Unfair Dismissals and Constructive Dismissals

•  Time limit for employee to make complaints underIndustrial Relations Act 1967
•  Who may represent employer for conciliation proceedings?  
•  Who may represent employer in Industrial Courts?
•   Maximum compensation   
   

Module 14: Probationers

• Probation period
• Termination of probationer, Extension of probation
• Non-confirmation of probationer
• Issue of the ‘forgotten’ probationer
• The “deeming’ clause for probationers, Disciplinary problems
• Notice period for resignation during probation
• Benefits for probationers    

Module 15: Termination: Retrenchment/Lay-off/Downsizing/Relocation of Business/Change of Ownership  

• Notice period for Termination / lay-off
• Situations for termination, Situations for giving notice  
• Rate of Termination Benefits, Payment date
• LIFO or FIFO, Voluntary Separation Scheme (VSS)   

Module 16: Other Legal Issues

• Medically Boarding Out
• Frustration of contracts
• Benefits, expiry and renewal of fixed term contracts, Retirement
• Gratuity payments
• Transfers, Job reallocation  
• Reduction of salary, allowances and benefits
• Re-designation of position, Reorganization of company
• Training, Performance management
• The Code of Conduct for Industrial Harmony
• Legalprecedents set by Industrial Court Awards  

Module 17: Domestic Inquiry Procedure(Practical)

• The Stages of a Domestic Inquiry
• Preliminary Inquiry
• Charge sheet
• Notice of Inquiry
• Inquiry Proper
• Decision of Panel
• When is a DI necessary and how to handle?