UNDERSTANDING LABOUR LAWS –THE EMPLOYMENT ACT 1955 (AMENDMENT 2022)

By FACE TO FACE PUBLIC PROGRAM

Date:

24 & 25 Jun 2024 (Every Session 9 am - 5 pm)

MON & TUE

Venue:

WYNDHAM GRAND BANGSAR, KUALA LUMPUR

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COURSE OBJECTIVES

At the end of this program, participants should be able to achieve the following objectives:

  • To understand the different section of the Employment Act 1955 including the latest amendment 2022.
  • To know how to apply the law in the workplace
  • To know better the right of employers and employees
  • To understanding the responsibility of employers and employees according to the laws.

 

COURSE CONTENT

Module 1 – Introduction

  • Objectives of the ACT
  • Scope
  • Definitions of employee, employer, contract of services etc.
  • Contract of Service
    • Contracts of service that must be in writing
    • Provisions of contracts of service that must be in writing
    • Restrictions on contracts of service
    • Termination of contract of service
      • Normal Termination
      • Termination for Special Reasons
      • Breach of Contract

 

Module 2 – Wages and Deductions

  • Wages
    • Payment of wages.
      • Wage Period.
      • Calculation of wages for incomplete month’s work (NEW)
      • Time of Payment.
      • Payment of Wages on the Day of Termination.
      • Payment of Wages before the 3rd Day after the Termination.
      • When Written Statement of Wages Must Be Given to the Employees.
    • Advance (Loan)
      • Types of Advances Allowable Under the Law.
      • Advances Must Be Approved by DG.
    • Deductions from wages
      • Deduction without the Request or Consent of the Employee.
      • Deduction at the Request of the Employee.
      • Deduction at the Request of the Employee and Written Approval from the DG.
      • Total Deductions Allowable.
    • System of payment of wages
      • Wages Must Be Paid Through an Account at the Bank and financial institute. (NEW)
      • Employee Can Recover in the Court the Part of the Wages That Have Not Paid Through a Bank Account.
      • Wages Can Be Paid in Legal Tender or by Cheque with Written Request of Employee. (NEW)
      • Employer Has to Obtain Approval from the DG to Pay Wages for employees in Legal Tender or by Cheque. (NEW)
      • Employers Cannot Receive Any Discount or Interest in Respect of Advances that do not exceed a month’s Wages.
    • Priority of wages
    • Liability of Contractors and Principals

 

Module 3 – Pregnancy and Maternity and Domestic Servants

  • Pregnancy and Maternity
    • Maternity protection
      • The entitlement of Maternity Leaves and Maternity Allowance
      • Understanding the words “confinement”, “children”, eligible period”
      • Start work early during maternity.
      • Restriction on termination of female employee.
      • Protection from termination for pregnant employee. (NEW)
  • Domestic Employees
    • Termination of contract
    • Employment of foreign domestic employee
    • Duty to inform Director General of Labour.

 

Module 4 – Benefits

  • Benefits Under the Law
    • Rest Days
      • The interpretation of ‘day’.
      • How to calculate working on rest day.
      • Overtime on rest day.
    • Hours of Work and Working at Night
      • The definition of hours and how to define 45 hours a week.
      • Overtime and its calculation.
    • Paid Public Holidays
      • What are the compulsory public holidays and number of days entitle by the employees?
      • Can an employee work on public holiday and how to calculate the payment?
      • How to replace the public holiday with another day?
      • Overtime on public holidays.
    • Paid Annual Leave
      • What is the entitlement for annual leave and when do they entitle to apply for the leave?
      • ‘The employer shell grant and the employee shell take…’
    • Paid Sick Leave and Hospitalization Leave
    • Paid Paternity Leave and its entitlement
    • Ordinary Rate of Pay (ORP)
      • How to calculate ORP for monthly, weekly, daily or hourly rate.
    • Rate of Payments for Working on Rest Day, Public holidays and Overtime

 

Module 5 – Terminations, Foreign Employee and Sexual Harassment

  • Termination, Lay-off and Retirement Benefits
      • Who entitled to the termination benefits?
      • How to calculate the benefits and when to pay them?
  • Foreign Employees
      • What are the rules and regulation that an employer has to follow when they employed a foreign worker?
  • Flexible Working Arrangement. (NEW)
  • Discrimination in employment and how to handle it.
  • Sexual Harassment – Part XVA
      • What are the responsibilities of an employer to investigate?
      • What are the responsibilities of The Director General of Labour to investigate a complaint?
      • Notice on Sexual Harassment (NEW)
  • Court Order for Payments Due to Employee. (NEW)
  • Force Labour. (NEW)
  • Presumption as To Who Is an Employee and Employer. (NEW)

 

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