PROGRAMME  DESCRIPTION

For the purpose of this programme,the following laws will be covered:

(1)The Employment Act 1955 (EA) / Labour Ordinances Sabah 2004 & Sarawak 2005 (LO) specifies the formula for calculating OT and the  minimum benefits to be provided and how to administer them.    

(2)The latest Minimum Wages Act / Order specifies the latest revised minimum wages that should be paid to employees. This is revised every 2 years.     

(3) Part-timers (Employment) Order 2010 specifies certain benefits for part-timers including OT  

(4) The EPF Act 1991 is a retirement scheme for employees. This requires contribution by both employer and employee

(5) The SOCSO Act 1969 is an insurance scheme for employees for employment injury or invalidity (non-employment injury).This requires contribution by both employer and employee.  

(6) The EIS (Employment Insurance System 2018) is an insurance scheme for all retrenched employees. This requires contribution by both employer and employee.

LEARNING OBJECTIVES

• How to calculate OT on normal work days, rest days and PH; How to calculate retrenchment benefits 
• How to determine what minimum wages should be paid under the latest Minimum Wages Act / Order     
• How to administer the benefits of annual leave, sick leave, maternity leave, paternity leave, PH, rest days  
• How to calculate payment for OT, rest day and PH and administer other benefits for PART-TIMERS
• How to contribute correctly to EPF, SOCSO & EIS

Why Attend This Workshop?

This is an introductory programme for employees new to wage calculation, Employment Law benefits administration.

LEARNING APPROACH

Presentations, case-studies, discussions   

COURSE CONTENT

1) Employment Contracts 

• What is the Employment Act?
• What are Labour Ordinances Sabah 2004 / Sarawak 2005
• Who is covered under the Act/ Ordinances?
• Types of contracts
• Are oral contracts legal?
• When must you have a written contract?
• General penalties  

2) Normal Hours and OT

• Normal working hours & days
• Overtime Rates
• Max hours of work
• Max hours of OT
• Breaks during normal work hours and OT

3) Rest Days & OT

• Minimum and maximum days of rest per week
• Payment rates for work during work hours and OT
• Can an employee be forced to work on a rest day?

4) PH & OT

• What is the difference between compulsory and non-compulsory PH?
• No. of days of compulsory and non-compulsory PH
• Payment rates for work during normal hours and OT on PH

5) Annual Leave & Unpaid Leave 

• No. of days of entitlement
• Conditions for paid leave 
• Encashment of leave
• Rate for work done during normal hours / OT rates
• ‘Emergency’ leave and annual leave
• Salary computation / deduction for unpaid leave

6) Sick Leave

• Qualification for sick leave
• No. of days of hospitalised and non-hospitalised sick leave
• How to treat sick leave in excess of EA
• The ‘deemed to be hospitalized’ clause
• Can an employee go to a non-panel doctor?
• Must an employer pay for medical expenses?    

7) Maternity / Paternity Allowance / Leave

• No of days of paid maternity leave
• Unpaid maternity leave
• Qualifications for maternity allowance  
• Can an employee claim maternity allowance from more than one employer?
• Can an ex-employee claim maternity allowance?
• Paternity Leave

8) Minimum Wages Act / Order (latest)  

• What is the minimum wages to be paid in west and east Malaysia?
• What allowances can be included under minimum wages?
• Effective dates of Minimum Wages Order
• Monthly rates, daily rates and hourly rates
• Minimum wages for probationers   

9) Wages: Advances and Deductions  

• Authorised deductions from salary
• Limit in deductions
• Modes of payment  
• Payment date
• Content of salary slip
• Deductions for overpayment
• Responsibilities of principles and contractors

10) Retrenchment & Termination Benefits

• Who qualifies for retrenchment and termination benefit?
• Rate of retrenchment and termination benefits
• LIFO principle of retrenchment
• Retrenchment VS unfair dismissal claims    

11) Part-timers

• Who are the part-timers protected by Employment Laws?
• No. of annual leave days
• No. of sick leave days
• No. of work hours and OT rate
• No. of PH and OT rate
• No. of Rest days and OT rate 

12) EPF: Contributions

• Who must contribute?
• Must a non-citizen also contribute?
• Definition of wages for EPF contributions
• Rate of contributions under Parts A, B, C, D
• Rate of contribution by non-citizens & employers
• Rate of contribution for employees below and above 60 years of age
• Maximum age for contribution

13) SOCSO: Contributions

• Who needs to contribute?
• Rate of contribution under categories 1 and 2
• Definition of wages for SOCSO   
• Penalties for non-contribution
• Who is responsible for contribution?
• Maximum ages of contribution under Employment Injury Scheme and Invalidity Schemes   

14) EIS: Employment Insurance System (2018)

• Purpose of the scheme
• Who must contribute?
• Who is exempted?