PROGRAMME DESCRIPTION

This programme answers your questions regarding termination of employment due to resignation, retirement, retrenchment and dismissal.

Legal issues are covered but is delivered in such a simple easy-to-understand way so even those without a legal background will be able to understand as this programe is specifically designed for that.

This programme is suitable for all employers.  

Programme Delivery: This programme is delivered by a trainer with real-life work experience

LEARNING APPROACH

Case study, interactive discussions, presentations   

LEARNING OBJECTIVES: What will be covered at the programme? 

• Types of termination; Administration of resignations, retirement, retrenchment
• Taking action for misconduct including dismissal
• Issues arising out of termination; Principles established by case law in unfair or illegal termination
• Statutory deductions for EPF, SOCSO, EIS on termination
• Employee tax clearance on termination   

COURSE CONTENT

1)Introduction

• Types of termination
• Differences between the various types of termination
• What is ‘Medical Board’ out?

2)Resignation  

• Period of notice of resignation
• Short Notice calculation
• Salary in lieu of notice of resignation.

3)Retirement

• Minimum Retirement Age Act 2012
• Is notice of retirement required?
• Re-employment issues

4) Retrenchment Issues

• Basis of selection for retrenchment  
• LIFO / VSS
• Who can be retrenched / laid-off?
• Situations for not following LIFO principles

5) Compensation for Retrenchment   

• Who is eligible for retrenchment / lay-off benefits?
• Notice period for retrenchment 
• Compensation for retrenchment 
• Payment for deceased employees    

6)Types of Dismissal

• Dismissal
• Constructive dismissal

 7) Major and Minor Misconduct

• Critical roles of handbooks, rules, and standard operating procedures 
• How to classify major misconduct
• How minor misconduct becomes a major misconduct  
• Action for misconduct  

8) Show cause & Verbal and Written Warnings

• What is ‘caution’?
• Difference between verbal warnings and written warnings 

• The content of verbal and written warnings and suspension letters

9) The Domestic Inquiry Proceedings

• The composition and proceedings of the Domestic Inquiry
• Roles of the employer and employee?
• Preparing the minutes of Inquiry

10) Decision making in a Domestic Inquiry

• What to consider in making decisions at a Domestic Inquiry?
• What to consider in appeals to management?  
• Process of appeal

11) Industrial Court 

• Who can appeal to the Industrial Court?
• Method of appealing
• Compensation issues

12) CASE LAW: Selected Precedents Set Through Industrial Court Cases

• Dismissal and Constructive dismissals
• Who can take up a case in the Industrial Court?
• Unfair dismissals / constructive dismissals

13)Issues on Termination

• Annual leave
• Maternity leave
• Sick leave
• PH 
• Resignations and dismissals during retrenchment 

14) EPF/SOCSO/EIS: Deductions and Employer Contributions on Termination

• Who is eligible for deductions and contributions?
• What items need contribution?  
• Do termination benefits attract EPF/SOCSO/EIS contributions?
• EIS benefits on retrenchment  

 15) Relevant Employee Income Tax Issues on Termination

• Definition of wages for income tax deductions
• Are termination benefits taxable?
• Do you have to wait for income tax clearance for terminated employees?