OVERVIEW
The Employment Act 1955 is the main legislation governing the employer-employee relationship in Malaysia. Employment (Amendment) Bill 2021 which was passed by the Dewan Rakyat on 31st March 2022, carried several key amendments. The objective of the amendments was to increase and improve the protection and welfare of workers in the country in line with international labour standards as outlined by the International Labour Organisation. The Human Resources Ministry announced that the Employment (Amendment) Act 2022 will come into force on the 1st January 2023 simultaneously with the Revised First Schedule of the Employment Act 1955. Therefore, this programme is specially developed to provide all levels of staff with the knowledge and understanding of the Employment Act 1955 and the latest amendments on it. This programme is specially developed to provide all levels of staff with the knowledge and understanding of the Labour Laws within the context of the latest amendments.
Upon successful completion of this course, participants will be able to:
- Identify and comply with the latest revision of the Labour Act / Legislations inclusive of the Employment (Amendment) Act 2022.
- Know how to avoid ‘breaching’ the labour legislations and Employees Contracts
- Preventing abuse to avoid double standards
- Avoid complaints and staff dissatisfaction
- Protect your Company’s integrity
- Typically spans 2 days (9am to 5pm).
- Nonetheless, we can customize both the program’s duration and schedule to cater to unique client requirements (e.g., compact 1-day workshops or extended sessions beyond 3 days).
- Human Resources Professionals
- Employee Relations Managers
- Legal Compliance Officers
- Managers and Supervisors
- Business Owners and Employers
- Industrial Relations Practitioners
- Employee Advocates and Representatives
- Legal Advisors and Counsel
PROGRAM OUTLINE
Module 1: Introduction
- Welcome and opening remarks
- Overview of the program objectives and agenda
Module 2: Obligations of Employers & Employees
- Understanding the legal obligations of employers and employees
- Rights and responsibilities in the workplace
- Importance of compliance with labor laws and regulations
Module 3: Power of Labour Department
- Role and authority of the Labor Department
- Handling complaints and disputes
Module 4: Amendment to the Employment Act (Amendment) 2022
- Overview of key amendments introduced in 2022
- Detailed exploration of changes in:
- First Schedule
- Apprentice Contract
- Hours of Work & Shift Work
- Employment of Women – Restriction to work at night
- Employment of Foreign Workers
- Sick Leave
- Maternity Protection & Leave
- Paternity Leave
- Flexible Working Arrangement (FWA)
- Sexual Harassment, etc.
Module 5: Important Aspects of Employment Contracts
- Definition of an employee and its implications
- Managerial prerogatives and their limitations
- Understanding the difference between contract of service and contract for service
Module 6: Payment of Wages & Deductions
- Overview of wage-related provisions under the Employment Act
- Understanding lawful deductions and their limitations
Module 7: Laws Protecting Women Employees
- Examination of specific protections provided to women employees
- Maternity benefits, restrictions on night work, and related provisions
Module 8: Termination of Employment
- Understanding the termination of contracts and legal requirements
- Handling employee misconduct and disciplinary actions
- Proper documentation and procedures for termination
Module 9: Termination, Redundancy, Lay-off, and Retrenchment Benefits
- Exploring the rights and entitlements of employees in cases of termination, redundancy, lay-off, and retrenchment
- Calculation and payment of benefits
- Strategies for managing workforce reduction effectively and responsibly
Module 10: Working Hours and Leave
- Hours of work and the concept of overtime
- Understanding public holidays and rest days
- Annual leave entitlements and proper leave management
- Different types of leave (unpaid, emergency, sick, hospitalization, maternity)
Module 11: Domestic Inquiry
- Introduction to Domestic Inquiry (DI)
- Importance of DI in handling disciplinary cases
- Procedures (Case studies) and best practices for conducting a DI
Module 12: Recap and Q&A
- Recap of key topics covered during the program
- Addressing participants’ questions and concerns
- Closing remarks and program evaluation
Program Methodology
- Hands-on Activities: Practical exercises to reinforce theoretical concepts.
- Group Discussions: Opportunities for peer-to-peer learning and exchange of ideas.
- Role Plays: Simulations of realistic situations to build practical skills.
- Feedback Sessions: Reviews and reflections to encourage improvement.
- Problem-solving Exercises: Develop critical thinking and decision-making skills.
- Experiential Learning: Learning by doing, promoting active involvement.
- Interactive Lectures: Engaging presentations by experts in the field.
- Case Studies: Real-world scenarios for learners to apply their knowledge.
- Quizzes & Tests: Regular assessments to track learning progress.
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