Labour Law for Manager

Labour Law for Manager

Objective /Benefits


WORKSHOP OBJECTIVE

After completing this course participants will be able to: 
1. Understand the general requirements of the Labour Laws of Malaysia and its relative application at 
    work. 
2. Ability to implement the right processes and procedures covering the following crucial areas: Hiring, 
   Managing Human Resources, Effective Deployment, Setting of KPIs, Consequence Management  
   (Management of Disciplinary Issues; Correspondence; Domestic Inquiries; Termination Process; 
   Legal Claims by Dismissed Employees)
3. Ability by Management / Organization to reduce the risk of wrong Human Resource
   Management Practices


METHODOLOGY

     : Highly Interactive Session, with a bilateral approach to the subject matter   allowing participants to share incidences at respective work locations.
    : Video Presentation
    : Mind Mapping and Recap Sessions
    : Mini Workshop Session – allowing participants to develop their own process and to support subject matter and work in synergy with other participants
    : Encourage team work
    : The related labour laws, case studies would be invoked and analysis of legal implications for non-compliance would be discussed and outlined

 


Program Outline

WORKSHOP OUTLINE

1.     General Principles of Malaysian Labour Law and its purpose
> Employment Act 1955
> Other related Statues (Eg:- Industrial Relations Act 1967, Personal Data Protection Act 2010, Minimum Retirement Age Act 2012, Minimum Wages Order 2012
> Social Accountability 8000 Standards

2.    Human Resources Management within the ambits of Labour Laws
> Process Definition
> Documentation
-    Processes
-    Management Action

3.    Contract: What forms the basic relationship between employee and employer?
> Contract for Service - Elements
> Contract of Service - Elements
> Apprenticeship Contract
> Contract “For” vs “Of” Service” 
- Control Test
- Independence Test
- Integration Test
- Economic Reality Test
> Terms
- Express Terms
- Implied Terms – Business Efficacy Test
> Non-Renewal of Contract- Fixed duration contract & Non fixed duration  

4.    Employer – Definition, Duties and Obligation

5.    Employee – Definition, Duties and Obligation; Categories of Employees (Permanent, Contractors, Foreign Employees)

6.    Probationer – Definition, Duties and Obligation; Rights 

7.    Wages – General Rules and Exceptions; Entitlement; Minimum Wage; Deduction of Wages and its related rules and regulations; Failure to pay wages

8.     Hours of Work - Routine Hours and provision of the law; 
> Routine and Off days. 
> Rest Days, Public Holidays - Entitlement
> Rest Days & Public Holidays – Additional day 
> Hospitalization & Sick Leave

9.     Leave
> Annual Leave 
> Maternity Leave. 
> Absence Without Leave 

10.    Right to Hire, Fire and Transfer 
> Hiring 
> Performance Appraisal
> Consequence Management
-    Firing
-    Employee Misconduct
-    Transfer
-    Dismissal
-    Unfair Dismissal
-    Demotion
> Burden and Standard of Proof

10.    Domestic Inquiry – Overview of Process and Requirements
> Rules of Natural Justice
> Communication for Domestic Inquiry
> Domestic Inquiry Panel – General; Small Companies and its process / requirements
> Decision and Execution
> Absence of Domestic Inquiry - Implications

11.    Types of Misconduct 
> Sexual Harassment
> Insubordination
> Theft & Dishonesty 
> Misrepresentation 
> Fraud
> Criminal Breach of Trust
> Rules of Evidence to prove and disprove

12.    Termination of Employment Contract
> By either party - Employer / Employee (Resignation)
> Justification
> Due Process
> Benefits
> Termination Notice- Compliance and Non Compliance 
> Constructive Dismissal
> Forced Resignation – Validity? 

13.    Retirement
> Optional retirement
> Age expressly stated
> Age not expressly stated
> The Law

14.    Restrain of Trade
> Validity
> Reasonableness

15.    Conflict of Interest
> Ethics

16.    Guidelines for Industrial Court – Brief Overview

17.    Mind Mapping of the overall Malaysian Labour Law requirements and standards.

Profile


TRAINER PROFILE - SURESH KUMAR

S. Suresh Kumar is a trained and certified Risk Management professional in the area of Supply Chain Management and Brand Protection. He attained his Bachelors Degree in Law from the University of Wolverhampton (UK). He then went on to be trained and certified as an auditor and practitioner in the specialized area of Risk Management under the auspices of United States of America Customs and Border Protection(CTPAT Standards); and; Transported Asset Protection Association (TAPA Standards), Asia. He is also a Human Resources Development Trainer certified by the Human Resources Ministry.

He is currently the Managing Director of Paradigm Resources (his own business entity), specialized in providing risk management / assessment services for internal / external associates; Consultation on Brand Standards / Management / Protection; Contract Management; Outsourcing & Subcontracting; and; Human Resources training and development programmes on various specialized topics, predominantly, Risk Management related subject matters, either on an one off  or Project basis.

Due to his passion for training and knowledge sharing, he is also currently a Lecturer for Asia e University, lecturing both undergraduate and post graduate students on Risk Management module.

With his background of a law degree, he is able to invoke legal implications in his programmes to make it more comprehensive and value added substance. In addition,  his fluency in English and Bahasa Malaysia enables him to conduct training programmes effectively in both languages.

Prior to his involvement in this field, the facilitator has wide working experience throughout his 15 years of working career in the specialized area of Risk Management, Security Management and Investigations (HR, Security (Operational and Information Security) and Safety, Corporate Governance and Ethics). Being a Head of Department in each of this portfolios, he has acquired substantial job related knowledge and experience in sectors comprising of Manufacturing, Telecommunications, Hospitality Management (Brand Standard & Management) and Contract Manufacturing (Brand Protection and Management).  He is also a trained Workplace Counselor and by virtue of his portfolio of having to deal with people of different job hierarchy, he has very profound people management skills, negotiation skills and effective interaction skills. His previous employers and related portfolios were as follows:-

> Infineon technologies (M) Sdn Bhd – Security Manager (Backend Manufacturing Plant, Melaka)
> Celcom Axiata Sdn Bhd – Manager, Head of Risk Management (Nationwide)
> Rennaisance Melaka Hotel (Marriott International) – Loss Prevention and Brand Standard Manager ( Melaka Hotel Facility)
> Flextronics Penang -  Loss Prevention Manager ( 5 Contract Manufacturing Sites in Penang)

Project Involvement and Lead
> Enhancement Project of Campus wide Access Control and CCTV System
> Anti Fraud Awareness Lead
> Information & Data Protection Policy and Enforcement Project Plan Lead
> Setting up Framework for Corporate Governance and Ethical Conduct
> Ethics Awareness Programme
> Social Accountability 8000 (SA 8000) compliance project
> Site enhancement based on established standards ( OSH, ESH, EMS,CTPAT, TAPA)
> Environmental, Occupational Health and Safety Management System for Site
> Environmental, Occupational Health and Safety Training for plant wide employees and     Contractors ( Contractors Green Card Programme)
> ISO 14001 and OHSAS 18001 Environmental, Occupational Health and Safety Audit for Site and Contractor’s Site (Quarterly Awareness Training and Compliance Audits0
> Campus wide risk assessment to support customer requirements and potential customer     requirements, inclusive of external warehouse loss prevention requirements and compliance inspection based on EHS, EMS, PDPA 2010 and Supply Chain Security Standards (TAPA & CTPAT)
> Risk assessment for a newly Flextronics Research and Development Centre in Manila, Philippines based on on EHS, EMS, Supply Chain Security Standards (TAPA & CTPAT)
> Warehouse (Internal /External) Audits – Operations and Information Security Standards
> Transport Security requirement and compliance audit (Replacement of Third Party Escort Services with In built Security features)
> Outsourcing & Subcontracting of Business and Manufacturing Process
> New Site set up and critical infrastructure planning for the Flextronics Penang Mechanical fab.
> Setting up of Crisis Management Team and functionality in collaboration with the Melaka State Crisis Management Team
> Plant wide Access Control System & Digital Patrolling System.
> Security and Safety Enhancement Project for Chip Card Business at Wuxi, China.
> Sub-Contractor Site Business Process, Security, Safety and Business Continuity Standards Enhancement Project
    - Munich, Germany
    - Manila, Philippines.
    - Nantong, China.
    - Melaka, Malaysia
> Supply Chain Security Enhancement Project
    - Warehouse (Internal/External) Audits
    - Route Audit.
    - Ground Handling at Cargo Area - Malaysian Airlines System (MAS), Manila Airport, Philippines &    
      Pudong Airport, China.


Professional Recognition
•    Supply Chain Security Practices & Risk Management Methodology recognized, absorbed and gazetted by Royal Malaysian Customs as guidelines for Customs Golden Client application.
•    Trained Workplace Counsellor
•    Trained and Certified Information & Data Security Auditor
•    Television interview by National Hong Kong Television (NHK TV) on Crisis Management of the missing Malaysian Aircraft (MH370)