OVERVIEW

This comprehensive program provides you with a thorough understanding or refresher of the legal landscape surrounding employee’s management, documentations and procedures. Delving into the intricacies of labor laws, this program aims to equip HR professionals, Managers, and organizational leaders with the knowledge and skills necessary to navigate HR and termination processes while adhering to legal requirements.

Misrepresentation of employment laws and improper management of HR and Disciplinary procedures can lead to the Labour Court and Industrial Court ruling in favor of the employee, potentially resulting in significant financial loss/penalties for the employer.

You will benefit fully from our real-life case studies and competency activities. Our interactive workshop will ensure that you understand the problems associated with handling employee’s issues, performance, entitlement, and to effectively handle disciplinary issues, and able to apply them in your workplace immediately.

COURSE OBJECTIVES

At the end of the programme, participants will be able to :-

• Identify and comply to the Employment Laws and regulations within the context of the latest amendments in managing employees
• Understand the best practices and legal compliances in disciplinary & performance management and lawful termination, and to apply them effectively in your workplace
• Know how to avoid ‘breaching’ the Employment Laws and Employees Contracts

• Ensure your HR Documents, Policies and ER/IR Procedures are in line with the Employment Laws observing their latest amendments or updates
• Identify and understand the proper use of language, words and terminology in drafting Human Resource Documentations

SPECIFIC TARGET MARKET

• Human Resource Managers / Executives / Officers / Assistants
• Heads of Department / Line Managers / Team Leaders
• Branch Managers / Outlet Managers / Restaurant Managers / Office Managers
• HR Practitioners looking for Refresher
• HR Service Providers
• Business Owners / Employers

COURSE SCHEDULE

DAY 1

5. Employer and Employee Relationship

• Employees within the scope of the Employment Act 1955
• Workers within the scope of the Industrial Relations Act 1967

• Contract of Service Vs Contract for Service
• Employer’s Prerogative  (Industrial Relations Act 1967)
• Employer’s Implied obligations
• Employee’s Implied obligations

5. Employment Dispute Management

• Dismissal due to Misconduct
• Constructive Dismissal
• Unfair Dismissal / Wrongful Dismissal
• Labour Court and Industrial Court roles and jurisdiction
• Amendment to the Industrial Relations Act 1967

5. Just Cause and Excuse in Misconduct, Poor Performance and Termination

• Legal Test for Misconduct
• Legal Test for Poor Performance
• Legal Test for Redundancy (and Retrenchment)

5. Performance Management

• Performance Review and Management

• Key Results Area (KRA)
• Key Performance Indicator (KPI)

• Setting SMART targets / goals
• Importance of Targets setting

5. Managing Probationer and Poor Performance

• Managing Probationer and their Performance
  • Managing Probationer flowchart
  • Probationary Period and Extension
  • Managing Probationer’s Performance
  • Non-Confirmation of Probationer
  • Confirmation of Employment

• Handling employee’s Poor Performance
  • Poor Performance Due Process
  • Permissible Action
    • Setting and Communicating Standards
    • Assessing of Performance
    • Counseling / Caution / Show Cause / Warning
    • Training and Opportunities for Improvement

• Performance Improvement Plan (PIP)
  • PIP process flow
  • PIP procedures and documentation

DAY 2

5. Identifying and Handling Misconduct & Grievances

• What is deemed Misconduct
• Analyzing and Types of Misconduct
  • Examples of misconduct with case sample/analysis
• Establishing the Level of Severity
• Handling Grievances

5. Importance of a Proper Investigation

• Legal implications of improper investigations
• Triggers for an investigation
• Formulating an investigation plan / checklist

5. Managing Discipline and Domestic Inquiry

• Understanding the legal basis for workplace investigations and due inquiries
  • Principles of Natural Justice
  • Due inquiry under the Employment Act 1955

• Permitted Disciplinary Actions and Procedures
• Managing Minor and Major Misconduct Flowchart
  • Counseling
  • Show Cause
  • Warning and other punishment

• Domestic Inquiry (DI)

• Why need to conduct Domestic Inquiry
• Prepare & Draft Charges and Notice of DI
• Role of Various Parties at An Inquiry
• Domestic Inquiry Process flowchart
• Setting and Seating arrangement
  • Metting out Punishment
  • Appeal Procedures
  • Mitigation Factors
  • Penalty / Dismissal

5. Termination of Contract / Employment

• Minimum Retirement Age Act 2012
  • Normal Termination of Employment
  • Termination without notice

• Breach of Contract
• Employment Act 1955, Section 15 (2)
  • Show Cause
  • Abandonment of employment
    • Retrenchment

• The Code of Conduct for Industrial Harmony 1975
• Termination and Layoff benefits Regulations 1980
• JTK Compliances and documentations
• Employment Insurance System (EIS/SIP)