Industrial Relation Practice in Malaysia
Introduction
Industrial Relations Practices for Managers is an invaluable tool for workforce management.
Poor employment and Industrial Relations practices often lead to a lack of harmony and a
positive work environment for employees, resulting in low morale and productivity.
Objective
The programme is designed to provide Managers and Executives with a ‘hands on’ skill and
approach in addressing employment related issues at the workplace.
Methodology
Industrial Court Awards and Superior Court Judgments shall form the basis of case studies. Presentation
would be conducted in a lively and interactive manner
TRAINING CONTENTS
Day One
1. Employer Employee Relation
2. Contract of Service
 Malaysian Contracts of Service are not unfettered
 Employer and Employee cannot contract out of the law
 Employers rights can be incorporated in a Contract of
Service
 Status of Probationers
 Types of Contracts
 Management Prerogatives
3. External factors impacting on the Contract of Service
4. Difference between Contract of Service and Contract for
Service
 The relationship Test in a Contract for Service and
possible ramification for employer
5. Scope and Coverage of the Employment Act
 Definition of ‘manual’ Employee
 Position of ‘Supervisor’
6. Contractors and Principals
 Potential liability for Company
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
7. Sections 13, 14 and 15 of the Employment Act 1955
 Employers’ rights preferred by these Sections
2:00 p.m. – 3:30 p.m.
Training Continue
3:30 p.m. – 3:45 p.m.
Tea Break
8. Employers Rights when managing Mandatory Benefits
Under Part 12 of the Employment Act 1955
 Sick Leave
 Annual Leave
3:45 p.m. – 5:30 p.m.
Training Continue
5.30pm
End of Training
9. Termination Simpliciter / Termination & Dismissal
 Implications for Employer
 Validity of contractual termination
 Is there a difference between termination and dismissal?
Day Two
1. Overview of the Industrial Relations Act 1967
 Understanding the meaning of ‘strike’, ‘lockout’, ‘collective agreement’, ‘collective
bargaining’ and ‘essential services’
2. Definition of ‘Workman’
3. Industrial Court of Malaysia
 Equity and good conscience’ in its deliberations
 Financial and social implications & social justice when rendering awards
4. Representation on Dismissal
 Section 20, Industrial Relations Act 1967
 Just cause or excuse
5. Misconduct in Employment
 Definition of misconduct
 Negligence and insubordination
 Aggravation of misconduct
 Provocation of misconduct
 Criminal misconduct
6. Disciplinary Procedure
 Code of conduct for Industrial Harmony
 Effective disciplinary enforcement
 Pitfalls to avoid
7. Principle of Condonation
8. Principle of Substantive Justice
9. Sexual Harassment In The Work Place
 Company sexual harassment mechanism
 Implications for Employers
10. Domestic Inquiry Procedure
 The 10 steps
 When Is a Domestic Inquiry necessary?
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:
19 & 20 Mac 2012
6 & 7 Sept 2012
*choose your preferred date
VENUE:
Istana Hotel, (KL)
Hilton Hotel, (PJ)
Industrial Relation Practice In Malaysia
COMPANY / ORGANIZATION DETAILS
Company / Organization Name:
Address:
TIME:
9:00am – 5.00pm
Name Of Contact Person: Mr/Ms
TRAINING FEES:
RM1, 500.00 per participant
Tel:
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
Fax:
Email:
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4.
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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.
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
Total Amount Payable:
Signature & Company Stamp:
Payment Details
Cheque / Bank Draft / Credit Card (Please Specify):
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