Employment Act, 1955 - Understand the Law and Its Application
The Employment Act 1955 is the principal legislation governing employment practice
in Malaysia. Since the majority of employees fall under the ambit of this Act, it is
imperative that the employers understand and comply with the obligations mandated
by the Act.
OBJECTIVE
This workshop is intended to give participants a clear understanding of the operational areas of
the Act.
METHODOLOGY
Presentation would be conducted in a lively and interactive manner.
Content
1) The Contract of Service.
- Contracts of Service are not unfettered.
- Employer’s Rights and Employee's Rights
- Employer and Employee cannot contract out of the Law.
2) Types of Contracts of Service.
3) Contract of Service and Contract for Service
- Understanding the Difference
- Implications for the Employer
4) Contractors and Principals
5) Understanding definitions and key operative phrases in the
Act
- Wages, Day, Hours of Work, Normal Hours of Work
- Part Time Employee, Ordinary Rate of Pay, Average True
Days Wages
- Applications for Wage Determination
6) Termination Simpliciter
- Notice Period under Section 12
- Wilful Breach under Section 13
PROGRAM SCHEDULE
Day 1
8:30 a.m. – 9:00 a.m.
Registration
9:00 a.m. – 10:15 a.m.
Training Start
10:15 a.m. – 10:30 a.m. Morning Break
10:30 a.m. – 1:00 p.m.
Training Continue
1:00 p.m. – 2:00 p.m.
Lunch
2:00 p.m. – 3:30 p.m.
Training Continue
3:30 p.m. – 3:45 p.m.
Tea Break
3:45 p.m. – 5:30 p.m.
Training Continue
5.30pm
End of Day 1
Day 2
8:30 a.m. – 9:00 a.m.
Registration
9:00 a.m. – 10:15 a.m.
Training Start
10:15 a.m. – 10:30 a.m. Tea Break
10:30 a.m. – 1:00 p.m.
Training Continue
1:00 p.m. – 2:00 p.m.
Lunch
2:00 p.m. – 3:30 p.m.
Training Continue
3:30 p.m. – 3:45 p.m.
Tea Break
3:45 p.m. – 5:30 p.m.
Training Continue
5.30pm
End of Training
7) Employee Misconduct
- Employers Rights under Section 14
8) Deemed Breach of Contract
- Practical Application of Section 15
9) The Law on Payment of and Deductions from Wages.
10) Part 1X of the Act on Maternity Protection and Eligibility
11) Application of Benefits under Part 12 of the Act
- Maximum hours of work and Rest Days
- Annual Leave and Public Holidays
- Medical Leave and Hospitalization
- Employers Rights in managing the benefits
12) Powers of the Director General under Section 69
- Definition of employees extended to those earning RM5,000 and elow
- Setting aside decision made by Employer under Section 14(1)
- Consequential Orders
- Employer's Right of Appeal to High Court
13) Employment Regulations 1957
14) Employment (Termination and Lay-Off Benefits) Regulations 1980.
TRAINER PROFILE
Gerard R Sankar (BA)
Gerard holds a Bachelor’s Degree in Political Science and a Diploma in HR Management. He also
attended GE’s Human Resource Program for Asia Pacific in Beijing in 1994 and is a Certified
PSMB Trainer.
In his 28 years as a Human Resource and Industrial Relations Practitioner, Gerard served at
various times in major multinational and locally incorporated manufacturing companies in Johor.
From 1994 – 2006, he was the Human Resource/Administration Manager of a multinational
company in Johor Bahru and after that formed Gerard & Associates Sdn. Bhd., a Human
Resource/Industrial Relations Consulting and Training Company.
His experience covers the entire spectrum of Human Resource, Industrial Relations and
Administration Management. He has also successfully represented various companies in labor
and industrial relations arbitration as well as leading the management team in Collective
Bargaining negotiations.
Gerard currently consults for multinational and local organizations. They include companies
listed in the Malaysia and Singapore Stock Exchange. Participants at his training programs have
included employees from major manufacturing companies e.g Flextronics, VS Industry and Felda
Oil Products. Others include organizations like Starbucks Coffee, Bonia, Seri Malaysia Hotel
(Genting Highlands), Landmarks, MCSB Systems (Penang) and The Malaysian Medical
Association.
Since 1991, Gerard has served as an elected Committee Member of the Federation of Malaysian
Manufacturers (FMM) Johor, and a Vice-Chairman since 1997. He has been elected successively
as the Southern Region Chairman of the Malaysian Employers Federation (MEF) since 1997 and
sits in the MEF Industrial Relations Panel.
He serves as a Panel Member (Employer) of the Industrial Court of Malaysia (third term), and as
an Assessor in the Appellate Board of SOCSO (second term).
PROGRAM
REGISTRATION
DATE:
21 & 22 Feb 2012
23 & 24 Apr 2012
19 & 20 July 2012
22 & 23 Nov 2012
*choose your preferred date
VENUE:
Furama Hotel, (KL)
Hilton Hotel, (PJ)
TIME:
9:00am – 5.00pm
TRAINING FEES:
RM1, 500.00 per participant
Course fee includes 2 tea breaks
(morning and afternoon), a lunch,
course material and certificate of
attendance
ENQUIRIES & REGISTRATION
TEL: 03-3343 2180
03-3341 5655
FAX: 03-3341 5755
EMAIL:
hrdskills09@gmail.com
WEB:
www.cleverbridge.com.my
Employment Act 1955 – Understanding the Law
& Its Applications
COMPANY / ORGANIZATION DETAILS
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WRITTEN CANCELLATION:
Registration cancelled 7 days prior
to the event is subject to charge of
50% of course fee
SUBSTITUTE:
A substitute may be made at any
time at no extra cost
NOTE:
CLEVERBRIDGE reserves the right
to make any amendments and / or
changes to the event if warranted
by circumstances beyond its
control
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TERMS & CONDITIONS
Early bird fees – Enjoy early bird
discount of RM1,350 for
registration with payment 2 weeks
prior to training date. Group of 3 or
more participant from the same
company will enjoy a 10%
discount on the applicable fee.
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Payment by cheques should be crossed and made payable to:
CLEVERBRIDGE TRAINING RESOURCES
BANK DETAILS: CIMB1290-0000999-05-2
CLEVERBRIDGE TRAINING RESOURCES
No.9A, First Floor, Lintang Pekan Baru, Off Jalan Meru, 41050 Klang, Selangor
Tel: 03-3343 2180 Fax: 03-3341 5755