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