Labor Law for Manager

1. General Principles of Malaysian Labour Law and its purpose
> Employment Act 1955
> Other related Statues (Eg: – Industrial Relations Act 1967, Personal Data Protection Act 2010, Minimum Retirement Age Act 2012, Minimum Wages Order 2012
> Social Accountability 8000 Standards

2. Human Resources Management within the ambits of Labour Laws
> Process Definition
> Documentation
– Processes
– Management Action

3. Contract: What forms the basic relationship between employee and employer?
> Contract for Service – Elements
> Contract of Service – Elements
> Apprenticeship Contract
> Contract “For” vs “Of” Service”
– Control Test
– Independence Test
– Integration Test
– Economic Reality Test
> Terms
– Express Terms
– Implied Terms – Business Efficacy Test
> Non-Renewal of Contract- Fixed duration contract & Nonfixed duration

4. Employer – Definition, Duties and Obligation

5. Employee – Definition, Duties and Obligation; Categories of Employees (Permanent, Contractors, Foreign Employees)

6. Probationer – Definition, Duties and Obligation; Rights

7. Wages – General Rules and Exceptions; Entitlement; Minimum Wage; Deduction of Wages and its related rules and regulations; Failure to pay wages

8. Hours of Work – Routine Hours and provision of the law;
> Routine and Off days.
> Rest Days, Public Holidays – Entitlement
> Rest Days & Public Holidays – Additional day
> Hospitalization & Sick Leave

9. Leave
> Annual Leave
> Maternity Leave.
> Absence Without Leave

10. Right to Hire, Fire and Transfer
> Hiring
> Performance Appraisal
> Consequence Management
– Firing
– Employee Misconduct
– Transfer
– Dismissal
– Unfair Dismissal
– Demotion
> Burden and Standard of Proof

10. Domestic Inquiry – Overview of Process and Requirements
> Rules of Natural Justice
> Communication for Domestic Inquiry
> Domestic Inquiry Panel – General; Small Companies and its process/requirements
> Decision and Execution
> Absence of Domestic Inquiry – Implications

11. Types of Misconduct
> Sexual Harassment
> Insubordination
> Theft & Dishonesty
> Misrepresentation
> Fraud
> Criminal Breach of Trust
> Rules of Evidence to prove and disprove

12. Termination of Employment Contract
> By either party – Employer / Employee (Resignation)
> Justification
> Due Process
> Benefits
> Termination Notice- Compliance and Non-Compliance
> Constructive Dismissal
> Forced Resignation – Validity?

13. Retirement
> Optional retirement
> Age expressly stated
> Age not expressly stated
> The Law

14. Restraint of Trade
> Validity
> Reasonableness

15. Conflict of Interest
> Ethics

16. Guidelines for Industrial Court – Brief Overview

17. Mind Mapping of the overall Malaysian Labour Law requirements and standards.