Understanding Malaysian Labours Laws & Its Implication to the Organisation
Details
About The Programme
The course, Malaysian Labour Law deals with contractual rights and duties of employers and employees. Employment contracts is the source of many of terms and conditions which governs an employee’s working life. The legal basis for them is the terms of the individual contract between the employer and employee. The importance of the employment contract has increased over the years through statutory process, thus requiring an employer to give its employees written statement of most important conditions of employment, and thereby making the relationship more definite and formal.
Objectives: The program should achieve the following objectives:
- Make employers aware of their rights under the law
- Avoid unnecessary and costly litigation at the labour court and industrial court
- Know the statutory and inherent rights of Employers and Employees
- Ensure compliance with employment and contracts by employees
- Protection against illegal action by employees
Outline
The Employment Act 1955
> employment contracts
> statutory requirements
> change of ownership/ poor business
> claims for monies due to employers
> recovery of overpayments
Module 2
The Industrial Relations Act 1967
> Employers Prerogatives
> Dealing with unfair dismissal (sec 20)
> Understanding the role and functions of the industrial court
Module 3
Employers Right Pertaining to
> probationers
> absentees
> medical leave delinquents
> poor performances
> inefficiency
> habitual late-comers
> major misconduct
> permissible disciplinary action
Module 4
Employers Right Pertaining to termination of contracts
> frustration of contract
> medical board-out
> expiry of fixed term contracts
> retirement
Module 5
Legalities pertaining to
> down sizing
> reduction of benefits and increments
> pay/ salary cuts
> voluntary separations scheme
> transfer/ training
Module 6
Legalities pertaining to retrenchment exercise
> procedure for retrenchment
> the LIFO Principle
> the code of conduct for industrial harmony
> the industrial court awards and legal precedents
Module 7
General principles enunciated by the industrial court pertaining to employer - employee relations
> Constructive dismissal
> misconduct
> breach of contract
The recommendation of the code of conduct for industrial harmony 1075 on "TERMINATION"
Module 8
OSHA 1994 - (Occupational Safety and Health Act, 1944)
Legal requirment and obligations
> the components of contracts of employment
> employers/ employees right and obligations
> statutory provisions
> written terms of employment contract
> implied terms of employment contract
Speaker/s
KRISHNAN RAMASAMY
Trainer & Consultant
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.