Industrial Relation Practice in Malaysia

Industrial Relation Practice in Malaysia

Introduction

Industrial Relations Practices for Managers is an invaluable tool for workforce management. Poor employment and Industrial Relations practices often lead to a lack of harmony and a positive work environment for employees, resulting in low morale and productivity.

Objective

The programme is designed to provide Managers and Executives with a ‘hands on’ skill and approach in addressing employment related issues at the workplace.

Methodology

Industrial Court Awards and Superior Court Judgments shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner

TRAINING CONTENTS

Day One

1.  Employer Employee Relation

2.  Contract of Service

·  Malaysian Contracts of Service are not unfettered

·  Employer and Employee cannot contract out of the law

·  Employers rights can be incorporated in a Contract of Service

·  Status of Probationers

·  Types of Contracts

·  Management Prerogatives

3.  External factors impacting on the Contract of Service

4.  Difference between Contract of Service and Contract for Service

·  The relationship Test in a Contract for Service and possible ramification for employer

5.  Scope and Coverage of the Employment Act

·  Definition of ‘manual’ Employee

·  Position of ‘Supervisor’

6.  Contractors and Principals

·  Potential liability for Company

7.  Sections 13, 14 and 15 of the Employment Act 1955

·  Employers’ rights preferred by these Sections

8.  Employers Rights when managing Mandatory Benefits Under Part 12 of the Employment Act 1955

·  Sick Leave

·  Annual Leave

PROGRAM SCHEDULE
Day 1
8:30 a.m. – 9:00 a.m. / Registration
9:00 a.m. – 10:15 a.m. / Training Start
10:15 a.m. – 10:30 a.m. / Morning Break
10:30 a.m. – 1:00 p.m. / Training Continue
1:00 p.m. – 2:00 p.m. / Lunch
2:00 p.m. – 3:30 p.m. / Training Continue
3:30 p.m. – 3:45 p.m. / Tea Break
3:45 p.m. – 5:30 p.m. / Training Continue
5.30pm / End of Day 1
Day 2
8:30 a.m. – 9:00 a.m. / Registration
9:00 a.m. – 10:15 a.m. / Training Start
10:15 a.m. – 10:30 a.m. / Tea Break
10:30 a.m. – 1:00 p.m. / Training Continue
1:00 p.m. – 2:00 p.m. / Lunch
2:00 p.m. – 3:30 p.m. / Training Continue
3:30 p.m. – 3:45 p.m. / Tea Break
3:45 p.m. – 5:30 p.m. / Training Continue
5.30pm / End of Training

9.  Termination Simpliciter / Termination & Dismissal

·  Implications for Employer

·  Validity of contractual termination

·  Is there a difference between termination and dismissal?

Day Two

1.  Overview of the Industrial Relations Act 1967

·  Understanding the meaning of ‘strike’, ‘lockout’, ‘collective agreement’, ‘collective bargaining’ and ‘essential services’

2.  Definition of ‘Workman’

3.  Industrial Court of Malaysia

·  Equity and good conscience’ in its deliberations

·  Financial and social implications & social justice when rendering awards

4.  Representation on Dismissal

·  Section 20, Industrial Relations Act 1967

·  Just cause or excuse

5.  Misconduct in Employment

·  Definition of misconduct

·  Negligence and insubordination

·  Aggravation of misconduct

·  Provocation of misconduct

·  Criminal misconduct

6.  Disciplinary Procedure

·  Code of conduct for Industrial Harmony

·  Effective disciplinary enforcement

·  Pitfalls to avoid

7.  Principle of Condonation

8.  Principle of Substantive Justice

9.  Sexual Harassment In The Work Place

·  Company sexual harassment mechanism

·  Implications for Employers

10. Domestic Inquiry Procedure

·  The 10 steps

·  When Is a Domestic Inquiry necessary?

TRAINER PROFILE

Gerard R Sankar (BA)

Gerard holds a Bachelor’s Degree in Political Science and a Diploma in HR Management. He also attended GE’s Human Resource Program for Asia Pacific in Beijing in 1994 and is a Certified PSMB Trainer.

In his 28 years as a Human Resource and Industrial Relations Practitioner, Gerard served at various times in major multinational and locally incorporated manufacturing companies in Johor. From 1994 – 2006, he was the Human Resource/Administration Manager of a multinational company in Johor Bahru and after that formed Gerard & Associates Sdn. Bhd., a Human Resource/Industrial Relations Consulting and Training Company.

His experience covers the entire spectrum of Human Resource, Industrial Relations and Administration Management. He has also successfully represented various companies in labor and industrial relations arbitration as well as leading the management team in Collective Bargaining negotiations.

Gerard currently consults for multinational and local organizations. They include companies listed in the Malaysia and Singapore Stock Exchange. Participants at his training programs have included employees from major manufacturing companies e.g Flextronics, VS Industry and Felda Oil Products. Others include organizations like Starbucks Coffee, Bonia, Seri Malaysia Hotel (Genting Highlands), Landmarks, MCSB Systems (Penang) and The Malaysian Medical Association.

Since 1991, Gerard has served as an elected Committee Member of the Federation of Malaysian Manufacturers (FMM) Johor, and a Vice-Chairman since 1997. He has been elected successively as the Southern Region Chairman of the Malaysian Employers Federation (MEF) since 1997 and sits in the MEF Industrial Relations Panel.

He serves as a Panel Member (Employer) of the Industrial Court of Malaysia (third term), and as an Assessor in the Appellate Board of SOCSO (second term).

Industrial Relation Practice In Malaysia

CLEVERBRIDGE TRAINING RESOURCES

No.9A, First Floor, Lintang Pekan Baru, Off Jalan Meru, 41050 Klang, Selangor

Tel: 03-3343 2180 Fax: 03-3341 5755