UNDERSTANDING LABOUR LAWS – THE EMPLOYMENT ACT 1955
COURSE OBJECTIVE
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
4.1. Contracts of service that must be in writing
4.2. Provisions of contracts of service that must be in writing
4.3. Restrictions on contracts of service
4.4. Termination of contract of service
4.4.1. Normal Termination
4.4.2. Termination for Special Reasons
4.4.3. Breach of Contract
Module 2 – Wages and Deductions
- Wages
5.1 Payment of wages.
a)Wage Period.
b)Calculation of wages for incomplete month’s work (NEW)
c)Time of Payment.
d)Payment of Wages on the Day of Termination.
e)Payment of Wages before the 3rd Day after the Termination.
f)When Written Statement of Wages Must Be Given to the Employees.
5.2 Advance (Loan)
a)Types of Advances Allowable Under the Law.
b)Advances Must Be Approved by DG.
5.3 Deductions from wages
a)Deduction without the Request or Consent of the Employee.
b)Deduction at the Request of the Employee.
c)Deduction at the Request of the Employee and Written Approval from the DG.
d)Total Deductions Allowable.
5.4 System of payment of wages
a)Wages Must Be Paid Through an Account at the Bank and financial institute. (NEW)
b)Employee Can Recover in the Court the Part of the Wages That Have Not Paid Through a Bank Account.
c)Wages Can Be Paid in Legal Tender or by Cheque with Written Request of Employee. (NEW)
d)Employer Has to Obtain Approval from the DG to Pay Wages for employees in Legal Tender or by Cheque. (NEW)
e)Employers Cannot Receive Any Discount or Interest in Respect of Advances that do not exceed a month’s Wages.
5.5 Priority of wages
5.6 Liability of Contractors and Principals
Module 3 – Pregnancy and Maternity and Domestic Servants
- Pregnancy and Maternity
6.1 Maternity protection
a)The entitlement of Maternity Leaves and Maternity Allowance
b)Understanding the words “confinement”, “children”, eligible period”
c)Start work early during maternity.
d)Restriction on termination of female employee.
e)Protection from termination for pregnant employee. (NEW)
Domestic Employees
a)Termination of contract
b)Employment of foreign domestic employee
c)Duty to inform Director General of Labour.
Module 4 – Benefits
- Benefits Under the Law
8.1 Rest Days
a)The interpretation of ‘day’.
b)How to calculate working on rest day.
c)Overtime on rest day.
8.2 Hours of Work and Working at Night
a)The definition of hours and how to define 45 hours a week.
b)Overtime and its calculation.
8.3 Paid Public Holidays
a)What are the compulsory public holidays and number of days entitle by the employees?
b)Can an employee work on public holiday and how to calculate the payment?
c)How to replace the public holiday with another day?
d)Overtime on public holidays.
8.4 Paid Annual Leave
a)What is the entitlement for annual leave and when do they entitle to apply for the leave?
b)‘The employer shell grant and the employee shell take…’
8.5 Paid Sick Leave and Hospitalization Leave
8.6 Paid Paternity Leave and its entitlement
8.6 Ordinary Rate of Pay (ORP)
a)How to calculate ORP for monthly, weekly, daily or hourly rate.
8.7 Rate of Payments for Working on Rest Day, Public holidays and Overtime
Module 5 – Terminations, Foreign Employee and Sexual Harassment
9. Termination, Lay-off and Retirement Benefits
a)Who entitled to the termination benefits?
b)How to calculate the benefits and when to pay them?
10. Foreign Employees
a)What are the rules and regulation that an employer has to follow when they employed a foreign worker?
11. Flexible Working Arrangement. (NEW)
12. Discrimination in employment and how to handle it.
13. Sexual Harassment – Part XVA
a)What are the responsibilities of an employer to investigate?
b)What are the responsibilities of The Director General of Labour to investigate a complaint?
c)Notice on Sexual Harassment (NEW)
14. Court Order for Payments Due to Employee. (NEW)
15. Force Labour. (NEW)
16. Presumption as To Who Is an Employee and Employer. (NEW)
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