Employment Act 1955 with Recent Development

About The Programme

The Employment Act 1955 forms the primary legislation (Statute) on employment in Malaysia, providing guidelines on minimum employment rules, within which to operate Businesses. Adherence to these minimum rules in various areas of benefits and code of legal conformance provided under this Act ensures good relationship development between employer and its employees; besides nurturing growth, progress and industrial harmony for the Organization.

From 2007, the Human Resource Ministry has been studying and reviewing to amend 3 major laws in an effort to keep up with Global Business competitiveness. The three Acts were the Employment Act 1955, the Trade Union Act 1959 and the Industrial Relations Act 1967.The amendments which the ministry has been seeking improvement are in areas of overtime, salary, sexual harassment, welfare and maternity leave. These amendments would also ensure that protections are accorded to foreign labour as well.

Thus, it is imperative that all Business Enterprises in Malaysia, whether MNC’s or SME’s to have good understanding and grasp of these guidelines, which if applied well would enable good control, OR, alternatively, if not applied well, will lead to unwarranted litigation, non-value added activities, sapping vital Company time and resources,  and consequential retrogressive impact on the Employer’s business.

Objectives                    
The program should achieve the following objectives:

• To provide invaluable guide for both employers and employees leading to good industrial harmony
• To enable operation managers, executives as well as HR personnel’s to be well versed with the relevant sections of the Act, to address or overcome daily situational issues in the most productive way directed towards the common interest of both parties
• To achieve outstanding governance, which is turn will steer the Organisation into leadership for employment within the industry they compete

Module 1

• The Employment Act – General
• Contract of Service & Contract for service dichotomy
• Categories of employees covered
• Principles and Contractors / Sub-contractors
• Part-time employees (with discussion on recent employment development)

 Module 2

• Statutory Entitlement expressed in the EA 1955- General
• Working hours and shift work
• Payment of wages
• Public holidays and rest days
• Payment of O/T allowances
• CASE STUDY 1 – Question on actual problem encountered and redress within bounds of the EA

Module 3

• Termination of Contract of Service
• Notice of Termination/ Termination without notice
• Employee misconduct and termination of contract
• Employee Misconduct and termination of contract – For special reasons
• Contract deemed broken – Section 15 (1) & (2)
• CASE STUDY 2

-         i) CBT CASE (GROUP)

-        ii) Absenteeism case (GROUP)

• Payment of Wages
• Deduction from Wages
• Priority of wages before a secured Creditor is settled – (shut down operations)
• Liability of Contractions & Principles
• CASE STUDY 3 – Short notice/ Abscond case – Payment in lieu of notice

Module 4

• Employment of Woman
• Maternity leave and allowance
• Employment of Children and Young persons
• Employment of Foreign Employees
• Employment of Domestic Servants

Module 5

• Power of DG to inquire into complaints under Section 69/ 69A/ 69C/ 69D
• Procedure in DG’s inquiry – Section 70 to 82
• Service of Summons – procedure under Part XV

Module 6

• Employment Regulations 1957
• Employment (Termination & Layoff Benefits) Regulations 1980
• Employment (Amendment) Act 2012

-        Maternity leave entitlement/ Section 37

-        Payment of wages for domestic servant

-        Amendment of Sect 31 – Priority of Wages

-        New Sect. 33A – information relating to supply of labour

-        Section 60D – additional Public Holiday

-        Sexual harassment at Workplace (Principle amendment) New Sect. 81A/ 81B/ 81C/ 81D/ 81E/ 81F

-        Offence by Body Corporate – New Sect. 101

KRISHNAN RAMASAMY
(Trainer & Consultant)

Qualification / Professional Membership

• Diploma in Supervisory Management
• Diploma in Business Administration
• Industrial Electronics (Intermediate)
• Bachelor Degree in Laws (Hons)
• Master in Business Admin (HRM)

 Relevant Expertise and Work Experience

MR KRISHNAN RAMASAMY graduated from University of London with a honors degree in Law (LL.B). He further holds an MBA (Human Resource) from Frederick Taylor International University, USA and Diploma’s in ISM (UK ) and IBA (India ).He packs 25 years of industrial experience, combining both operations and HRM. He worked in 2 renowned multi-national Corporations of Motorola Semiconductor,  and the Samsung Group of Companies located in Seremban.  Krishnan Ramasamy is a certified facilitator for 7 Habits of Highly effective People and Kepner Tregoe’s Problem Solving and Decision Making Training Program. He is a certified PSMB Trainer.

In 1994 Krishnan Ramasamy led the Technical development Team to Pusan, South Korea, which Team subsequently played the key role in the expansion of Manufacturing facilities in Malaysia. Between 1999 to 2001 he spearheaded the 6 Sigma Quality development Team  for the Electron Gun Factory in Samsung’s Malaysia’s mission to excel in Quality through 6 Sigma Quality development  for the Group. He is a 6 Sigma Green Belter.

From 2002 till 2005 Krishnan was identified to lead the Samsung Group HRM Team, whose direction was to be the best employer in the country. Krishnan has combined his vast Managerial, technical, process, HRM and legal experience into classic training programs. He has developed Training material to specifically expose conceptual idealism challenged in down to earth operation realities. These trainings have been tailored and developed so as  to  steer effective Management of resources and to meet current Global standards in every aspect of Quality , cost , delivery, product innovation and the HRM.

From 2006 till 2008 Krishnan worked as Consultant and Trainer delivering his vast experience in sectors such as Manufacturing, service, tourism, construction, education and the Public Sector. His training ability has seen him delivering training for a wide spectrum of Companies in almost all states within Malaysia. He stresses this requirement for continuous training as a compulsory need, which he professes to be the key edge  any Company holds in meeting its management’s vision and goals.

From 2009 to 2010  Krishnan Ramasamy worked as Human Resources Manager for Berjaya Redang Resort , Terengganu. His HRM experience coupled with Legal education and long years of Managing operations has enabled him to develop Training programs specialized in Human Resource Development, a key factor in driving excellence in the performance of any Organization.

He currently works as a Regional Senior Manager for Kwantas Corporation, handling HR & Administration, covering Sabah, Sarawak, Indonesia and China.