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

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 3^rd 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)