PROGRAMME DESCRIPTION

FAQs

Question 1: “I have been recently appointed as HR Manager/Executive”. What legalities must I be aware of?

Question 2: “I am an expatriate who has been newly posted to Malaysia. What are the employment laws I must observe so that I do not do the wrong things?”

Question 3: “My company is expanding and I need more employees. What are my obligations as an employer? What are the rights of employees?

Question 4: ‘I am a Finance / Admin Manager. The HR department is now included as part of my responsibilities. What are the employment laws I must know to be effective?

Question 5: ‘I am a line manager / executive. HR is not in my function but I need to understand what I can or cannot do with my employees”  

ANSWER: These and other questions are answered in this programme.     

ABOUT THE PROGRAMME

This programme introduces the participants to the following employment laws: 

(1)The Employment Act 1955 and the Labour Ordinances (Sabah 2004) (Sarawak 2005)  which form the basis of employment contracts. They provide the minimum benefits that must be provided to certain categories of employees. 

(2) The EPF Act 1991 which is a compulsory national retirement scheme for employees.

(3) The SOCSO Act 1969 which is a compulsory national insurance scheme for Malaysian employees against employment injury and invalidity.

(4) THE EIS Scheme (2018) which is compulsory scheme for retrenched employees

(5) The latest Minimum Wages Order which specifies the minimum wages that should be paid in West and East Malaysia. 

(6) The Minimum Retirement Age Act 2012 which relates to age of retirement for all employees and related issues 

(7) The Trade Unions Act 1959 which deals with the formation of trade unions in the organisation

(8) The Industrial Relations Act 1967 which deals with trade union relations and termination of employees from employment

(9) The Employment of Part-timers Order 2010 which provides rights and benefits to part-timers including OT 

(10) (Overview) The Occupational Safety and Health Act 1990 which deals with safety and health preventive measures and requirement for Safety and Health Officers and safety committees   

LEARNING OBJECTIVES: What is taught?

The main objective is to provide knowledge of almost all laws that an HR practitioner should know.

The programme specifically teaches participants how to:

• Identify employees who are protected by law: Administer the benefits of annual leave, sick leave, maternity leave, PH, rest days; Calculate OT on normal work days, rest days and PH for full-timers and pat-timers; Calculate retrenchment benefits; Ensure payment of minimum wages and make only authorized deductions
• Contribute correctly to EPF and SOCSO  
• Observe rights of employees to form trade unions 
• Handle misconduct and termination the legal way
• Structure the safety and health officer and committee 

PROGRAMME CONTENT

(1) Employment Contracts 

• What is the Employment Act1955 and Labour Ordinances Sabah 2004 / Sarawak 2005?
• Who is covered under the laws?
• Types of contracts
• Written & oral contracts
• General penalties 

(2) Normal Hours of Work & Days 

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

(3) Overtime Payments (OT) & Rules 

• Maximum OT per day and per annum
• OT on normal work day
• OT on Rest Days and PH

(4) Types of Leave & Rules

• Annual Leave & Encashment
• Sick Leave / Hospitalisation entitlement
• Maternity Leave
• Unpaid leave 
• Emergency leave

(5) Latest Minimum Wages Order & Authorised Deductions 

• What is the minimum wages to be paid in west and east Malaysia?
• Monthly rates, daily rates and hourly rates
• Authorised deductions from salary

(6) Minimum Retirement Age Act 2013

• Minimum age of retirement
• Do fixed term contract employees have to follow the retirement age 
• Restrictions of retirement age on fixed term contracts 

(7) Retrenchment & Termination Benefits

• Who qualifies for retrenchment and termination benefit?
• Rate of retrenchment and termination benefits
• LIFO principle of retrenchment

(8) Employment of Children and Young Persons Act 1966

• Definition of children and young persons
• Work hours
• Prohibited activities

(9) Part-timers

• Leave / PH benefits
• Rest Days 
• OT payments 

(10) Overview of Occupational Safety & Health Act 1990 (OSHA)

• Safety and health Committee
• Safety and Health Officer 
• Factory rules
• Chemicals and other pollution rules 
• Machinery safety rules

(11) EPF Act 1991

• Who must contribute?
• Definition of wages for EPF contributions
• Rate of contribution by non-citizens & employers
• Maximum age for contribution
• Benefits

(12) SOCSO Act 1969

• Who needs to contribute?
• Definition of wages for SOCSO  
• Rate of contribution under categories 1 and 2
• Who is responsible for contribution?
• Benefits

(13) EIS (2018)

• Rate and age of contribution
• Definition of wages for contribution
• Benefits

(14) Sexual Harassment

• What is sexual harassment?
• Procedure for reporting sexual harassment
• Investigation of sexual harassment

(15) Disciplinary Penalties

• Suspension period
• Payment rate during suspension before and after domestic inquiry
• Types of disciplinary penalties after domestic inquiry
• How to compute ½ pay?

(16) Dismissal Issues (Industrial Relations Act 1967)

• Handling misconduct / termination
• Restrictions on ‘Firing’ an employee in Malaysia  

(17) Trade Unions Matters (Trade Unions Act 1959 & Industrial Relations Act 1967)

• Legal rights of trade unions and employers
• Collective Agreements
• Industrial Disputes