Topic 3 – Legal Aspects in HRM

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Today’s Group Task
Discuss & present the following;
You are going for your internship. Consider
the following;
1. List the possibility of ‘discrimination’ or
‘unfairness’ you may face?
2. Do you think female workers will perform
at par with the male ones? Why?
3. A few friends of yours are disabled and a
few are married. They find it harder to
obtain an internship placement. Why do
you think this is so?
Today’s Group Task
Discuss & present the following;
1. Conduct an in-class research on
“workplace discrimination in Malaysia /
other countries”. Present the details.
2. Consider and discuss what type of people
are likely to become
harassed/bullied/discriminated in the
workplace.
3. Discuss how you, as a HR Manager would
handle the above cases.
Today’s Group Task – Role Play
Lights, camera, action!
In your team, select one person to play the role of;
1. The HR Manager
2. The HR Executive
3. One / more new worker
4. One / more senior worker
5. Any other related roles.
Scenario:
Role-play a 3-minute scenario illustrating a case of
discrimination / harassment / bullying in your
firm, and how the HR department solves the
issue.
Example:
FedEx Agrees to Pay $3 Million to Settle
a Bias Case
http://www.nytimes.com/2012/03/22/business/f
edex-agrees-to-pay-3-million-to-settle-adiscrimination-case.html?_r=0
TOPIC 3:
THE LEGAL ASPECTS
IN HRM
THE LEGAL ASPECTS IN HRM
Objectives:
1. To understand the legislative
framework governing HRM in
Malaysia.
2. To understand the nature &
consequences of discrimination,
equality issues, harassment &
bullying.
 Human resource management attracts,
develops, and maintains a talented
workforce.
 Government legislation protects workers
against employment discrimination.
 Employee rights and other issues complicate
the legal environment of work.
 Labor relations and collective bargaining are
closely governed by law.
HRM Legislation promotes…
Equality & Diversity
in Employment
What is Unlawful Discrimination?
Discrimination:
Treating a person/group of
people less favorably as
compared to another
person/group of people.
Unlawful discrimination
 Discrimination is an everyday feature of
employment.
 However discrimination not based on
justifiable, merit-based needs of an
organization, is unacceptable, offensive
and potentially damaging.
 It is likely to be offensive to the majority of
those employed and the community in
which the organization operates.
Basis of discrimination;
Age
Disability
Marital status
Gender
Pregnancy
Race
Religion / belief
EQUAL OPPORTUNITIES
The process of ensuring that
employment practices are fair and
unbiased.
Rooted in the world’s greatest
religions.
FAIR & JUSTICE.
Equality Issues
Equal Pay
Work-Life Balance
Family-Friendly Legislations
WORKPLACE DIVERSITY
An approach to the management of
employees, reflecting the changing
social & demographic characteristics
of the workforce.
Leads to;
1. Motivated & committed people.
2. Market competitiveness
3. Corporate reputation benefits.
Do you know?
Which company is the best employer
of year 2013?
TOP 10’s BEST COMPANIES IN
MALAYSIA TO WORK FOR
1. SP Setia
2. Shell Malaysia
3. Intel Malaysia
4. DHL Malaysia
5. Petronas
6. Nestle Malaysia
7. Maxis
8. IBM Malaysia
9. Dell Malaysia
10.CIMB
Homework
Try to find out the top 10 maritime
companies in Malaysia.
Legal Aspects Of HRM
(Akta Pekerja)
Employment Act 1955
 Definition of "employee"
 Contract of service
 Payment of wages
 Employment of women
 Maternity protection
 Other benefits of monetary form: Hours of
work, Overtime, Rest days, Annual leave,
Public holidays, Sick leave
 How complaint to be dealt with
 Termination benefits and lay-off benefits
http://jtksm.mohr.gov.my/
(Akta Pekerja 1955)
Age Discrimination in Employment Act
of 1967
Covers employee s or applicant
between 40-65.
Pregnancy Discrimination Act of 1978
 Prohibit using pregnancy, childbirth, or
related medical conditions to discriminate
in:
- hiring
- promotion
- suspension
- or any terms related to employment
 If employer offers disability coverage to its
employees, pregnancy & childbirth to be
covered in the same plan.
Harassment & Bullying
Harassment:
Any unwelcome attention or behavior from
another person that is offending,
uncomfortable, threatening, leading to loss
of dignity & self-worth.
Sexual Harassment
 Unwelcome sexual advances, request for
sexual favours, and other verbal or physical
conduct of a sexual nature, take place under:
1. Made as term of employment
2. Conduct will affect decision in employment
3. Interfering individual’s work performance
(or offensive work environment)
Bullying:
The abuse of power, physical or mental
strength by someone in a position of
authority towards a person / group resulting
in harmful stress & inconfidence.
Malaysia – Akta Buruh / Pekerja
Jabatan Tenaga Kerja dan Sumber
Manusia:
http://jtksm.mohr.gov.my/index.php?opt
ion=com_content&view=article&id=87
&Itemid=116%E2%8C%A9=en
Malaysia – Labor Union
CUEPACS:
The Congress of Unions of Employees
in the Public and Civil Services is a
national trade union center in Malaysia. It
has a membership of 1,200,000.
What can Unions do to the
management?
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