Employment Law - Understanding Grievance Handling, Disciplinary & Termination Procedures

At the end of this programme, participants should be able to:

1.           Understand the general requirements of the Labour Laws of Malaysia and its relative application at work.

2.           Ability to implement the right processes and procedures covering the crucial areas: Hiring; Managing Human Resources; Effective Deployment; Setting of KPIs, Consequence Management, Management of Disciplinary Issues; Correspondence; Domestic Inquiry; Termination Process and Legal claims by Dismissed Employees

3.           Ability by Management/Organization to reduce the risk of wrong Human Resource Management Practices

•    Managing Directors
•    General Managers
•    HR/IR Directors, Managers, Officers and Executives
•    Directors / Decision Makers
•    Corporate / HR / IR Consultants
•    Personnel / Training Managers
•    Administrations Managers / Officers
•    Compensations and Benefits Managers
•    Payroll / Salary Administrators
•    Those Handling Employee Relations
 

MODULE 1

• General Principles of Malaysian Labour Law
• Employment Law 1955/Sabah & Sarawak Ordinance
• Other related statutes [Eg: Industrial Relations Act 1967; Personal Data Act 2010; Minimum Retirement Age 2012; Minimum Wages Order 2018
• Social accountability 8000 Standards in relation to Disciplinary Practices

MODULE 2: Enhance understanding of the different types of employment contracts:

• Contract of Service –Elements
• Contract for Service –Elements
• Contract for Labour –Elements
• Probation Contract
• Fixed Term Contract
• Contract “For” vs “Of” Service
   - Control test
   - Independence Test
   - Integration Test
• Terms
  - Express Terms
  - Implied Terms
• Non-Renewal of Contract – Fixed duration contracts and legal development since 2016
• Non fixed contracts –categories to take into account.
• Variations of  Employment Contract – Procedure

MODULE  3: Employer Obligation and  Payments

• Wages –General Rules and Exceptions under Employment law
• Entitlements
• Minimum Wage Order 2018
• Lawful and Unlawful wages deductions under Employment law and related statutes
• Failure to pay wages

MODULE 4: Handling various Behavioural and Performance challenges from Employees:

• The Right to Hire , Terminate and Transfer
• Transfer of Employee and latest Industrial Court development 2016 on Transfers.

TERMS OF TERMINATION under Employee Contracts

• Fixed Term contracts
• Retirement
• Retrenchment
• Misconduct

MODULE 5: GRIEVANCE PROCEDURE

• Code of Conduct for Industrial Harmony
• How to carry out departmental Grievance Procedure
   

Types of Misconduct That  MERIT  Termination

• Sexual Harassment under the 2012 Employment Act
• Insubordination and Disobedience and effect of Industrial Court decision 2016
• Unjustified Absence and procedures to terminate
• Absence due to Temporary Disablement and Statutory Limitation on Employer to Terminate employee
• Late Comers and Tardiness
• Conflict of Interest

MODULE 6: Termination of Employment Contract

• Proving the Misconduct –Procedure including using  systematic correspondence of Warnings and deliberations
• Elements to be included in  Warning letters and related correspondence

MODULE 7: DISMISSAL DUE TO MISCONDUCT

• Understanding the provisions under Employment Act 1955/Sabah & Sarawak Labour Ordinances
• Exercising the Principles of Rules of Natural Justice

Forced Resignation and the effect on Employee Insurance Scheme

REQUIREMENT FOR DUE INQUIRY

• Probationers
• Executives
• Employees protected under EA 1955/SSLOs

MODULE 8: Domestic Inquiry –Overview of Process and Requirement

• Preliminary Investigation
• Functions of Investigating Officer
• Roles of Prosecuting Officer
• Examination-In-Chief
• Cross –Examination
• Re- Examination
• Stages of Domestic Inquiry and Decision
• Mitigation
• Punishment/Appeal/Industrial Court Guidelines

REPORT TO LABOUR  COURT

• S.69 EA 55
• S.7A  SSLOs

INDUSTRIAL COURT

• S.20[1] Industrial Relations Act 1967
• Reference
• Workman

CONSTRUCTIVE DISMISSAL WHITHER DOMESTIC INQUIRY AWARD FOR WRONGFUL DISMISSAL

• Reinstatement
• Back wages
• Compensation in Lieu of Reinstatement
• Mitigation of Loss

•    Lecture
•    Small group activities,
•    Problem Solving using real life scenarios from the workplace
•    Group Discussion
•    Case Studies
•    Role Play
•    Q&A

AMBIGAH KRISHNAN
LL.B (Hons) London, Certificate In Legal Procedure (Malaysia), TESOL (Canada)

Ambigah Krishnan has 15 years of training and corporate experience on legal topics including civil litigation, employment matters, Mergers & Acquisition, company matters, corporate, banking issues and Testamentary issues including the writing of Wills. She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Corporate Legal Adviser who has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

Work Experience

• Ambigah Krishnan has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.
• She has conducted seminars for Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Tenancy laws and Procedure, Managing Contracts Effectively, Drafting Commercial Contracts and Terms, Understanding and Avoiding liability in Procurement Contracts for Vendors and Suppliers, the Personal Data Protection Act 2010/Standards 2015 and Understanding Compliance, Entrepreneur seminars for fresh graduates and business community.
 • She has trained for the Federation of Manufacturers of Malaysia (FMM).
 • She is also involved in advice and drafting of Human Resource policy and procedures and published Human Resource Manual for the corporate sector.
In summary, Ambigah Krishnan
 • When not conducting training programs, she is busy with her legal consultation especially in the corporate field.

Benefits of hiring Ms. Ambigah Krishnan

Ms. Ambigah’s forte in conducting legal programs is that she enhances Legal programs with Legal Practitioner’s advice and opinions. She also shares her experience as Legal advisor and Litigation lawyer to be part of teaching of legal programs.

She is able to combine the elements taught in a specific program both soft skills and Legal with real life requirements for those on the job.
Some of the in-house and public programs include those from, Shanshin Sdn Bhd, Wonder Sound, Ann Joo Bhd, BASF ,NIAM (Persatuan Insuran Kebangsaan Malaysia), Kementerian Kesihatan Malaysia, Bank Negara, BERNAS,  MARA, Sime Darby, International Medical University, Monash University, Petronas Fertilizer (Kedah), Suruhanjaya Syarikat Malaysia, Ann Joo Steel, Penang Bridge Sdn. Bhd, Solectron, Bax Global, TM, Yan Jin (M), Cititel Penang, Evergreen Laurel Hotel, Government Teachers in various schools, Smart Modular, Kwong Wah Yit Poh Press Berhad, Vitrox Technologies, Staff of UITM, Dimerco Sdn. Bhd, G-Pile Sistem Sdn. Bhd, Masterskill (M) Sdn. Bhd, Subalipack (M) Sdn. Bhd, Mitsubishi Motors Malaysia Sdn. Bhd, Sumitomo Metals Sdn Bhd, Lembaga Koko, and other government agencies and many more.

To contact Ambigah for any speaking, training and consultancy engagements, please feel free to contact info@itrainingexpert.com or call +6012 6869 628 | +6010 2175 123 | +6016 622 0448 

(Fee inclusive of Buffet Lunch, Refreshment, Welcome Pack, Training Materials & Certificate of Achievement)

Payment mode:

1. ONLINE PAYMENT  by Credit card:  You can opt to register and pay online with our latest payment integration system through our website.

2. BANK IN CHEQUE
Bank in and then scan the Bank-in slip and email to us before the course commence to confirm your seat.
Courier your cheque payment to our Finance HQ.
*Note that we DO NOT take any payments during the event.
3. BANK IN CASH: You can also pay by cash through bank-in our company bank account.
4. Telegraphic Transfer- You can also opt to use GIRO or telegraphic transfer of payment via international banks.