COURSE OBJECTIVES FOR HIRED AND FIRED – GUIDELINE FOR TERMINATION
At the end of this program participants should be able to achieve the following objectives:
- Understand the importance of the terms and conditions of a contract of services under Employment Act 1955 and the company procedures, rules and regulations and collective agreement.
- Know the rights of the employer and employees when he is hired or when he is fired and the benefits that come with it.
- Know better the right of employers and employees and their functions and responsibilities.
- Know the difference between a dismissal, termination and retrenchment under the laws.
WHO SHOULD ATTEND
- General Manager, Manager, Head of Department / Division, Human Resources Manager or any personnel who has human resource functional responsibility and Supervisor
METHODOLOGY
- This program is essentially participative. There will be group interaction and lectures.
COURSE CONTENT
8.30 am – 9.00 am – Registration
9.00 am – 1.00 pm
- Recruitment.
- Contract of Service.
- Definition of Termination and Retrenchment.
- Ref.: Industrial Court Award No. 66/79.
- Ref.: De.A. Dutt Vs. Assunta Hospital (1981), MLJ 304.
- The back ground of law
- Employment Act 1955.
- Section 10 & 11 – Contract of service exceed than one month.
- Section 10 (2) – Contract to specify how is if to be terminated.
- Section 11(1) termination of contract on expiring of the period or the completion of the contract.
- Section 12 (1) & (2) – Termination of contract with notice.
- Section 12 (3) – Retrenchment surplus of labour in organization.
- Section 13 (1) – Indemnity in lieu of notice.
- Section 13 (2) – Willful Breach of contract.
- Section 14 (1) – Dismissals on misconduct ground.
- Section 14 (3) – Termination of contract on threatening by danger to the person by violence or desease.
- Section 15 (1) – Breaches of contract on failure to pay wages by the employer.
- Section 15 (2) – Breach of contract by employees on absenteeism.
2.00 pm – 5.00 pm
- Termination Benefits – Employment Regulation. (Regulation of Termination And Lay Off Benefits) – 1980
- Regulation 4 (1) (a)
- Regulation 4 (1) (c)
- Regulation 4 (2) & (3)
- Regulation 5
- Regulation 8
- Grounds of Dismissal. (Based on Court Cases)
- Probationary Period
- The expiring of the fixed contract period
- Frustration of contract.
- Employment misconducts (Dismissal)
- Frustration of Contract
- Poor Performance and Absenteeism
- Constructive Dismissal
- Types of Retrenchment
- VSS
- MSS
- CSS
- The concept of LIFO
- Procedures.
- Employment Acts 1955 and Industrial relation Act 1967.
- International Labour Organization Convention No. 158 of 1982. (Article 4 & 7)
- Code of Conduct for Industrial Harmony 1975. (Article 41 & 42)
- Wrongful Dismissal – ref. with court cases.
- Remedy.
- Employment Act 1955.
- Industrial Relation Act 1967.
- Civil claims.
Note
10.30 am – 10.45 am – Morning break
1.00 pm – 2.00 pm – Lunch break
3.30 pm – 3.45 pm – Afternoon break
