Understanding Labor Laws: The Malaysian Employment Act 1955, Discipline, and Grievance Handling

INTRODUCTION
In the dynamic world of human resources, it's imperative to stay up-to-date with the ever-evolving legal framework and best practices that govern employee-employer relationships. The Malaysian Employment Act 1955 is the cornerstone of employment law in Malaysia, setting the standards for employment contracts, employee rights, and workplace discipline. As HR professionals in the manufacturing industry, it is important to uphold these standards while fostering a productive and amicable work environment.

Participants will embark on a journey to grasp the fundamentals of labor laws and dive deep into the intricacies of the Employment Act 1955. They will explore its history, scope, and the rights and benefits it guarantees employees. Through engaging activities and group discussions, participants will be empowered with the knowledge and tools to navigate this critical legal framework confidently.

On the second day, participants will delve into the essential aspects of employee discipline and grievance handling. Effective management of employee behaviour and disputes is crucial to maintaining a productive and harmonious work environment. They will learn strategies for addressing misconduct and underperformance while ensuring fair and legal practices.


LEARNING OUTCOMES / BENEFITS
By the end of this training, participants will have a solid understanding of the Employment Act 1955 and its practical application in the workplace. They will be equipped with the knowledge and skills to ensure compliance with the law and to manage discipline and grievances in the workplace effectively.


KEY CONTENT

DAY 1- UNDERSTANDING LABOR LAWS AND THE MALAYSIAN EMPLOYMENT ACT 1955

MODULE 1: INTRODUCTION TO LABOUR LAWS IN MALAYSIA

• History of labor law in Malaysia: The evolution and need for labor laws
• Overview of different laws that govern employee’s right and differences: Employment Act 1955, Industrial Relations Act 1967, and other relevant laws
• Understanding the Employment Act 1955: Purpose and Overview

• Definition and application: Understanding who the Act applies to
• Employment contract essentials: Key provisions in the Act
• The different contracts of employees: Contract for Service, Contract of Service, Probation Contract, Fixed term contract

• Rights of Employee and Benefits: Covered & Not Covered by The Employment Act 1955
• Employee Wage: Minimum wage, working hours, and Overtime
• Types of Leave Entitlement: Annual leave, sick leave, public holidays, Paternity, MC and others

• Benefits: Maternity leave, allowances
• Ensuring a conducive and safe working environment-Handling sexual harassment and complaints procedures

• Principles of discipline in the workplace: Outline of the discipline process
• The Concept of Progressive Discipline: Informal disciplinary action, Disciplinary counseling, Disciplinary interview
• Performance Improvement Plan (PIP): Step-by-step guide
• Importance of investigation, documentation, and accurate recording: Defence for Employers

• What constitutes Major and Minor Misconduct: Misconduct vs Criminal offense vs Discipline issue
• Handling Disciplinary hearing: Participants and their roles in a disciplinary hearing, General guidelines for the chairperson
• Dismissal: Dismissal without due inquiry, Inquiry suspension pay, Dismissal during the notice period. Criminal offenses

• Importance of having grievance procedures: Fostering a healthy work environment
• Handling grievances: how to receive, investigate, and resolve employee complaints
• Best practices for managing discipline and grievances: how to ensure fairness, consistency, and transparency in the process

• Types of employment disputes: unfair dismissal, discrimination, and breach of contract
• Resolving employment disputes: mediation, conciliation, and arbitration
• Litigation and legal proceedings: the role of the Industrial Court and the High Court in resolving employment disputes
• Case studies on labor law issues in Malaysia: Best Practices, real-life examples of employment disputes and grievances