Malaysian Labour Law
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.
1) The Contract of Service.
o Contracts of Service are not unfettered.
o Employer’s Rights and Employee’s Rights
o 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
· Employee
· 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
7) Employee Misconduct
· Employers Rights under Section 14
· 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 below
· 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.
