Course Fees: RM1,400 per pax (including SST)
The Employment Act (EA) 1955 provides for minimum terms and conditions of employment for employees under the scope of the Act. The IRA 1967 seeks to promote and maintain industrial harmony and provides for the regulation of relations between employers, workmen and trade unions, and the prevention and settlement of disputes arising from their relationship. The TUA regulates all matters on the registration of trade unions, rights and liabilities of trade unions, its constitution, formation of or affiliation with federation of trade unions and consultative bodies, disputes, property and funds and accounts of trade unions, and offences and penalties.
This 2-day training program is designed for HR/IR practitioners and managers who need a proper interpretation, good working knowledge and correct application of the above three (3) employment laws to manage people and business issues and challenges at the workplace.
Participants will learn to:
•Understand the salient provisions of the EA, IRA and TUA and avoid making “costly mistakes” when interpreting or making decisions on relevant issues.
•Understand the application of the various interrelated employment laws when handling issues and challenges.
•Understand and apply the law correctly when making decisions in the respective areas of EA, IRA and TUA.
•Prevent unnecessary disputes from arising due to unfamiliarity with the legal process/procedures or due to lack of knowledge or hands-on experience in managing and resolving those issues.
Who Should Attend
•Owners of SMEs and Businesses.
•Business leaders, Heads of Finance/Accounts.
•HR Generalists & ER/IR Specialists.
Day 1 - The Salient Provisions of the EA 1955
•Scope of the EA-1st Schedule and “employee” in Sec. 2 EA.
•Interpretation/Definition of Key Words.
•Contract of Service & Contract for Service.
•Termination under Secs. 13, 14 & 15 of EA 1955.
•Wages-Payments, Deductions & Priority.
•Contractors & Principals for Labour.
•Employment of Women Prohibitions.
•Maternity Protection-Paid Maternity Leave regardless of salary levels.
•Quiz Questions using Kahoot
•Rest Day & Rest Day Work
•Limits on Contracted Hours of Work
•Shift Work, Public Holidays, Annual Leave & Sick Leave.
•Ordinary Rate of Pay (ORP), Hourly Rate of Pay (HRP) and Piece Rated employees.
•Employment (Termination & Lay-Off Benefits) Regulations 1980
•Employment of Foreign Employees
•Sexual Harassment Claims – Obligations of Employers
•Group Assignment – Case Study 1 & Case Study 2.
Day 2 - The Salient provisions of the IRA 1967 and TUA 1959.
•Interpretation/definition of Key Words & Second Schedule IRA.
•Protection of Rights of Workmen, Employers and Trade Unions.
•Recognition & Scope of Representation of Unions.
•Collective Bargaining & Collective Agreements.
•Representation on Dismissals – Section 20 IRA 1967.
•The Industrial Court – Reference of Disputes, Powers, Court Awards and Appeals.
•Declaration of Trade Disputes, Strikes & Lockouts
•Exclusion of Evidence, Non-Compliance of Award or CA and General Penalties.
•Q & A Session.
•Interpretation/definition of Key Words in Sec. 2 TUA 1959.
•Registration of Trade Unions.
•Rights & Liabilities of Trade Unions – Are Union Leaders immune from Civil or Tortious Liability?
•Role of Trade Unions - Why employees Join Trade Unions.
•Constitution of Trade Unions.
•Property & Funds/Accounts of Trade Unions.
•Offence & Penalties under TUA 1959.
•Federation of Trade Unions & Consultative Bodies.
•Q & A Session.
•Case Study 3 – Is there a legal or illegal Strike?