In-depth Employment Law & Industrial Relations Seminar

1 Day
8 Modules

In-depth Employment Law & Industrial Relations Seminar

OVERVIEW

Effective human resource management is more vital today as businesses are venturing into the borderless world. Line managers i.e. operations managers, and department/section heads, are in charge of accomplishing the organization's basic goals. Managers get things done through the efforts of others. Managers are to have responsibilities for personnel-related activities. This makes the role of line managers even more challenging. Human resource managers normally act in an advisory capacity, working with other managers regarding human resource matters.

Exactly what personnel management activities are carried out by HR Managers?

Establishing a day-to-day relationship of mutual respect and trust with subordinates, consistently applying labor laws and contracts, handling grievances, discipline, etc. Therefore, knowledge of salient labor regulations is essential for all managers to reduce legal exposure.

This one-day course offers respect for the industrial relations perspective, introduction to key issues in Malaysian employment law and provides practical guidance on employment issues. At the end of this program, participants will be able to apply the relevant provisions in labor legislation in handling employee relations.

LEARNING OUTCOME

After completing this course, participants will be able to:

Understand the general requirements of the Labour Laws of Malaysia and their relative application at work.
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]
reduce the risk of wrong Human Resource Management Practices by the Management/Organization

LEARNING METHODOLOGY

This begins with interactive presentations for knowledge transfer, followed by group discussions to encourage idea exchange. Small group activities foster collaboration, and problem-solving using real-life workplace scenarios enhances practical skills, ensuring well-rounded and applicable learning.

MODULE 1: Scope of Employment Law Under

EA 1955 - West Malaysia & Sabah/Sarawak Labour Ordinance and 2022 Updates and SCOPE

2022 UPDATE on the Definition of an Employee and Employment
Case studies to distinguish employee and Independent Contractor

MODULE 2: Understand the different Contracts of employees.

Contract for Service
Contract of Service
Probation Contract
Fixed term contract
2022 UPDATE
2022 New Anti-Discrimination Laws

MODULE 3: Effective Warnings and Notice Periods both contractual and Statutory

PILON – An implied Right of the Employee
PILON and Industrial Court Powers – An Employer’s Dilemma?
Understand what is statutory. Notice the period and when to compensate.
Case studies

MODULE 4: Law and Practice on Poor Performance under EA 1955 /SSLOs and Industrial Relations Act 1967

The Law and Process on Poor Performance
Guidelines on Disciplinary Action for Unsatisfactory Performance
Considerations in Performance-Related Dismissals
What must be included in the warning letter for Poor Performance
What is a Performance Improvement Plan?
Can Performance Improvement P be used to terminate Employees? -Guidelines for Employers/Managers

MODULE 5: Probation and Termination

Probationers and Letter of Offers
Good practice for managing probation periods
Underperformance during probation
Meetings during probation -procedure, and guideline
Frequently asked questions and related documents for probation

MODULE 6: Ending the Employment Relationship and Wrongful Dismissal

Modes of Terminations
Guidelines on Using the laws under Employment Act /Sabah and Sarawak Labour
Ordinances effectively in the Termination Process
Automatic Termination – Fact or Fiction?
Using the Doctrine of Frustration of contract to terminate–
When does it apply?
Circumstances where the contract is said to be frustrated
Is Termination Benefits payable in cases of Frustration?
Can an employee make a claim for Unfair Dismissal in cases of Frustration?

MODULE 7: Updates on Industrial Court Act 1967

Industrial Relations (Amendment) Act 2019

Representation during Conciliation Meetings for Unfair Dismissal Claims
Referral of Unfair Dismissal Claims to Court
Additional powers are given to the Industrial Court
Appeal against an award to the High Court
Increased Penalties for non-compliance
changes relating to the provisions on trade union

MODULE 8: Conducting a Proper Domestic Inquiry

Writing Proper Letters for Suspension/Warning and Dismissal
Statutory Provisions on Discipline [with details]
Drafting Charge sheet [Process details]
Domestic Inquiry Panel

Drafting the documentation including how to draft DI Panel Report for the Domestic Inquiry [ samples provided]
Documents that are tendered as evidence
Role of Punishing Authority [details]
Types of Punishment after Termination and Case studies

Note: