The Employment Act of 1955 serves as the cornerstone of employment legislation in Malaysia, establishing essential minimum employment conditions for individuals categorized as employees within its scope. Therefore, a thorough understanding of the provisions contained within this fundamental employment law is of utmost importance for employers, HR professionals, and managers.

The program “Mastering The Employment Act 1955” has been designed to provide a comprehensive grasp of the relevant provisions of the Employment Act 1955. By delving into legal, theoretical, and practical perspectives, its objective is to empower participants with the confidence to interpret and apply these provisions effectively within their respective workplaces. The program places specific emphasis on the most recent amendments to the Employment Act 1955, ensuring that participants seamlessly align their practices with the Act’s stipulations.

The Act’s provisions will be dealt with clearly using examples, exercises, and references to case precedents, enhancing participants’ understanding and application of the content.

Domestic Inquiry is an important element in disciplinary management system. A domestic inquiry conducted without necessary knowledge, skill and attitude can be very unproductive, costly and will not serve justice to both employer and employee.

This comprehensive training program will equip participants with an in-depth understanding of the legal, procedural aspects and pitfalls of the domestic inquiry process so that the participant will be able to act appropriately with confidence when conducting a domestic inquiry.

The ability to manage misconduct in employment and make the decision to dismiss an employee on the ground of misconduct requires legal and equitable considerations. Conducting a Domestic Inquiry (DI); which is an internal “hearing” to establish whether an employee is guilty of alleged misconduct is an important element in the disciplinary management system. A domestic inquiry conducted without the necessary knowledge, skill and attitude can be very unproductive, costly, and will not serve justice to both employer and employees.
This training will provide the legal foundation and tactical know-how of managing misconduct, undertaking investigation, conducting a domestic inquiry according to the correct procedures, and making a wise decision about dismissal. The eventual focus will be on the roles of the DI Panelists. Accordingly, the focus of the contents delivery and supporting materials will be geared towards the Panelist roles and responsibilities in a Domestic Inquiry Process

• Understanding the provisions of relevant laws relating to payroll is very critical as it will influence the process efficiency, payroll accuracy, employee morale and compliance with the laws.
• While most organization are using software to process their payroll, the thorough understanding will assist payroll personnel to entertain any questions, clarify issues and advice the management on the correct application of the laws in payroll administration. This programme will cover from the basic definitions or the wages , being the common denominator in all relevant laws, right up to discussing the solutions to common questions and issues faced by the payroll personnel.

“Leadership in Managing Difficult Employees” provides a foundation in key areas of employment law, industrial relations and a knowledge of ‘best practice’ which will guide managers on how to handle issues at workplace proactively and effectively. This interactive program will enable participants to have a better understanding and hands-on experience of managing difficult employees, handling disciplinary and termination procedures in order to achieve better industrial harmony and greater productivity.

• Industrial Relations Act 1967 provided for a registered trade union to engage in collective bargaining. Upon recognition, a Trade Union will initiate the bargaining process by inviting the employer and prepare a proposal covering terms and conditions of employment. When all the terms and conditions have been agreed upon by both parties, the Collective Agreement will be deposited with the Industrial Court for cognizance. This simple steps to cognizance od of the Collective Agreement can take a longer journey: in many cases took years to the conclusion and required reference to the Industrial Court.
• This program will provide the knowledge of legal framework and familiarization with relevant provisions of the law, equiping participants with the essentials of negotiation preparation, sharing what usually happens at the negotiation and the important issues pertaining to the Collective Agreement

• Conflict is inevitable in the employment relationship it can lead to disputes. Understanding the legal frameworks, provisions of the legislations, strategies and approaches for the conflict resolutions and effective prevention for the disputes are therefore critical to promote sound industrial relations. This program provides the legal and procedural framework which regulates trade disputes and industrial actions, promote strategies to prevent and manage conflict internally thereby promote workplace harmony.

This program covers the requirements in crafting the Human Resources policies and employment contracts. Human Resource policies generally encompass detailed terms and conditions relating to every aspect of employment. The employment contract binds the employer-employee relationship with mutually agreed terms and conditions. These are two important Human Resource documents in any business organization.

This course will help Human Resource professionals ensure correct information is included in the documents and protect the organization from potential litigation.

This program is an ideal introduction to employment laws and practices in Malaysia. Key issues in employment law will be discussed providing participants with an insight into not only the necessary legal requirements but more importantly on how to implement some of the more critical HR policies and processes. Relevant legislation will be explained in detail focusing on the Employment Act 1955, the most important piece of legislation in this branch of law in Malaysia. Some of the more crucial areas for HR including retrenchment, domestic inquiries, disciplinary process, and wrongful dismissal, unfair dismissal, and constructive dismissal will also be explored to provide a thorough understanding of these delicate HR issues and remedies employees may claim. Participants shall be introduced to the Employee Handbook and guided to appreciate its necessity and value as a cornerstone in a business organization. An overview of the principles of the Malaysian Personal Data Protection Act 2010 shall be provided to ensure all aspects of Employment are securely covered.

Participants will leave the sessions with an understanding of what is required of an employer and employee in a company and how best to avoid labor law issues.

Job security is a thing of the past as economic, technology and business needs make job loss justified and become inevitable. Nonetheless, there are prevailing laws and good practices to be adhered to that make consequences less painful and less overwhelming. This program will guide participants on how retrenchment can be properly carried out by complying with legal needs and guidelines that can save employers from the risks of unfair dismissal claims.

Regardless of the Business model your organization is registered as or type of industry or indeed your company size, your employees and especially the Human Resources Department staff members are going to have to deal with confidential information. Knowing how to handle this information is a crucial part of running a successful organization. Human Resources personnel are not only entrusted with maintaining sensitive information about employees, company business and management issues, but also must protect this information under laws governing confidentiality. To protect employees’ privacy and avoid unnecessary litigation or fines, it is critical for the Human Resources professionals to identify which processes or documents are supposed to be kept confidential, safeguard this information, keep it in secure locations, and discard it in proper ways. This also includes restricting access to sensitive data and in various applications, databases, and servers; and creating privacy policies. Failure to handle and maintain confidential in the appropriate manner may result in lawsuits, identify theft, data breach, or defamation lawsuits. It can also undermine the Human Resources Department’s credibility and integrity. Your legal obligations and other responsibilities are covered in this training, ensuring that all Human Resources staff members are compliant with the relevant Laws and Processes. Finally, we shall explore ethical considerations you may need to keep in mind relating to privacy and confidentiality when maintaining and handling confidential information.

Stay Ahead of The Challenge! Stay on top of regulatory changes!

Every manager who manages subordinates who are within the scope of the Malaysian Employment Act 1955 needs to understand the proposed amendments to the Employment Act and also the amendments to the Industrial Relations Act 1967 which came into force on 1 Jan 2021 so that he is able to manage his subordinates effectively for better industrial harmony and greater productivity.

This course is specially designed to equip managers to have the necessary legal and technical knowledge to manage in accordance with the provisions of the Malaysian Employment Act 1955 and the Industrial Relations Act 1967.

Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act 2009”) took effect on the 1st of June 2020, addresses corporate liability for corruption where directors and senior management will be held personally liable for acts of corruption committed by the organisation, either by personnel or parties acting on behalf the organisation. Penalties include fines up to RM1 million and/or prison sentences of up to 20 years for those in charge of the company.

However, Section 17A allows a defence for the organisation, by proving it had in place “adequate procedures” designed to prevent person(s) associated with it from undertaking such a conduct. A Ministerial Guidelines on Adequate Procedures issued laid out five (5) key principles on how Adequate Procedures may be developed as lines of defence for commercial organisations as well as those in charge with governance and management of the organization in an ethical manner.
This training shall provide participants with detailed knowledge of S.17A of the Malaysian Anti Corruption Commission Act 2009, the guidelines introduced by the Prime Minister’s Department on Adequate Procedures, policies organisations should implement and a study of recent cases.

Section 27(1)(b) of the Industrial Relations Act 1967 (IRA) allows an employer to appear himself or be represented by his duly authorized employee in any proceedings before the Industrial Court. (Section 27(1)(c) of the IRA allows a workman to represent himself in any proceedings before the Industrial Court).

Participants will develop a strong understanding of the entire dispute resolution process, enabling them to proficiently prepare and submit all requisite documentation to the Industrial Court prior to hearings. Participants will also acquire practical skills and insights necessary for presenting compelling and robust cases before the court.

However, companies typically engage legal representation for comprehensive case management. Companies opting for this will have their human resources and industrial relations professionals expected to collaborate with legal counsel at every stage of the proceedings. This course offers HR/IR practitioners an in-depth understanding of the procedural intricacies involved in Industrial Court cases, from initiation to final adjudication via Court Awards.

Accordingly, the comprehensive and practical insights from this course will guide participants through each stage of dispute resolution, commencing with conciliation at the Industrial Relations Department and culminating in the issuance of a Court Award by the Industrial Court.

• The Trade Union Act, 1959
• Investigation Techniques for Major Cases
• Sexual Harassment at Workplace
• Laws of Constructive Dismissal
• The Essentials of Malaysia Employment Law
• How to Prepare for an Industrial Court Case
• The Essentials of Employment Contract
• Drafting Employment Contract and Developing HR Policies
• Termination of Employment
• Domestic Inquiry and Dismissal
• Managing Common Cases at Work
• The Legal Aspects of Managing Performance
• Misconduct, Domestic Inquiry, and Dismissal