UNDERSTANDING EMPLOYERS’ RIGHTS UNDER EMPLOYMENT ACT (1 DAY)
By Ms. Ambigah Krishnan - 6 November 2017, 9:00 am to 5:00 pm
Kuala Lumpur
(100% Claimable From HRDF/PSMB)
INTRODUCTION

Human Resource discipline is a multi facet process. One of the most important aspects is the compensatory and legal issues involved.

The aim of this program is to provide basic guidelines for employers when dealing with matters of Discipline, Dismissal and Grievance.

The program’s objective is to instil the idea that Discipline should not be regarded as a means whereby employees are punished or eventually dismissed but rather a way of helping the employees to be able to meet the requirements of the organisation by providing advice, guidance and training.

OBJECTIVE
This seminar is to educate on the legal and practical know-how that will be necessary to implement the law and for your compliance with the PDPA.
By attending this Program Participants are able to understand:
  • Understand approaches to Discipline
  • Understand the probable causes of discipline and identifying strategies to find long term solutions.
  • How to deduct salary/wages in accordance with the law
  • Obtain effective efficiency from the workforce at all levels of the organization
  • Learn what are the proper procedures to terminate an employee
  • Able to make sure that the termination procedure was fair
  • Able to draft the relevant letters at the pertinent stages
  • Understand when to terminate the employee
  • Understand the Industrial Relations relationship
  • Able to document discipline documentation and procedures.
TRAINING METHODOLOGY

Power Point Presentation, Discussion, Small group activities, Problem Solving using real life scenarios from the workplace.

WHO SHOULD ATTEND

The Management and Supervisors who intend to have an understanding of managing discipline at the workplace.

COURSE CONTENTS

MODULE ONE - PREPARING FOR DISCIPLINE

  • Establishing good standards of behaviour and performance - At Induction/Appraisals/Informal meetings
  • Guidelines for Progressive Discipline
  • Approaches to Discipline – Positive Discipline /Punitive Discipline/Employee Discipline.
  • What constitutes a Formal Disciplinary Procedure and Progressive disciplinary procedures –An overview
  • Warnings and Deliberations and documentation including
    Understanding warning letters / Letter of Allegation / Letter of First/ Second Warning

MODULE TWO - IDENTIFYING PROBLEMS/ISSUES WITH EMPLOYEE’S BEHAVIOUR OR PERFORMANCE

Types Of Problems
  • Innocent and Culpable Absenteeism
    • Definition of Absenteeism
    • Duty of Employee to Inform of Absence
    • Managing Absence at the Workplace
    • Disciplinary procedures for handling Absenteeism
    • Case Study on Absenteeism
    • Ways to curb Absenteeism
    • Procedure for innocent Absenteeism
    • Factors to be considered by arbitrator for innocent absenteeism dismissal
    • Group Exercise on managing Absenteeism misconduct and the using of proper procedures. Documentation includes Charge Sheet for Culpable Absenteeism.
  • Habitual Late Coming and Malingering
    • Requirement of employee to observe stipulated working hours
    • Disciplinary procedures for handling late comers and relevant documentation
    • Case study on habitual late coming
    • Procedure to handle “Malingering”
    • Group Exercise
  • Insubordination/Disobedience
    • Definition
    • Test for Insubordination/Disobedience
    • Disciplinary Documentation
  • Tardiness
    • What is Tardiness
    • Disciplinary Procedure to handle Tardiness

MODULE THREE -LAW AND PRACTICE ON POOR PERFORMANCE

  • The Law on Poor Performance
  • Guidelines on Disciplinary Action for Unsatisfactory Performance
  • How to manage poor performers who are confirmed employees
  • Pitfalls leading to weak management of poor performance

MODULE FOUR - TERMINATION OF SERVICE

  • Normal termination. [Section 11 of Employment Act 1955]
  • Termination by notice. [Section 12 of Employment Act 1955
  • Termination without notice. [Section 13 & 15 of Employment Act 1955]
  • Termination for misconduct (dismissal). [Section 14 of Employment Act 1955].
  • Lay-Offs
  • Dismissal /Unfair Dismissal /Constructive Dismissal
  • Non-confirmation of a probationer.
  • BENEFITS FOR RETIREMENT, TERMINATION, AND RETRENCHMENT/LAYOFFS [Section 60J of Employment Act 1955].
  • Documentation includes Sample dismissal or termination of employment letter.
Termination and Poor Performance
  • Final Steps in Industrial discipline
  • Procedure in Employee Dismissal for Poor Performance
  • Industrial Court Guidelines on poor performance.

MODULE FIVE - PAYMENT OF WAGES

  • Wage Period including amendments under 2012 Act
  • Time of payment of Wages
  • Payment on normal termination of contract
  • Payment on termination of contract in special circumstances and on breach of contract.
  • Advances on Payment under Employment Law Amendments Act 2012
  • Lawful deductions
  • Reduction/Non-Payment

MODULE SIX - THE DUE INQUIRY –FINAL STEP IN DISCIPLINARY PROCEDURE

  • The pertinent requirements. Power of Sections 14 and 69.
  • Domestic Inquiry vs Due Inquiry/Show Cause.
  • Documentation for a valid Dismissal including Notice of Domestic Inquiry/ Charge Sheet/Suspension Letter/ Report of Domestic Inquiry Format/ Suspension - Post Domestic Inquiry/ Dismissal.
Your Trainer

Ms. Ambigah Krishnan, LL.B (Hons) London, CLP (Malaysia), TESOL (Canada) has more than 15 years of training and corporate experience in legal topics including civil litigation, Mergers & Acquisition, company law, corporate, Employment & Industrial Relations and banking issues. She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Corporate Legal Adviser who has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

Work Experience
Ambigah Krishnan is an experienced lawyer and trainer and has been involved in civil litigation, employment matters, Employment Law and IR, company matters, corporate, banking issues and Testamentary issues including the writing of Wills. She has trained and lectured for private companies and government entities.

Areas Trained
She has conducted seminars for the Personal Data Protection Act 2010 & Standards 2015 and is experienced in project management on Personal Data Protection Compliance implementation, Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Employment Law for HR and Non HR Managers, Tenancy laws and Procedure, Drafting Commercial Contracts and Terms, Seminar on Prevention of Staff Fraud in association with PDRM, Entrepreneur seminars for fresh graduates and business community.
She has trained for the Federation of Manufacturers of Malaysia (FMM) in areas of Contract law.

Publications
Involved in advice and drafting of Human Resource policies and procedures and has written Human Resource Manual for the corporate sector and also is involved in the drafting and advice of Personal data processes, procedures and policies for the implementation of the Personal Data Protection Act 2010 and the Standards 2015.

In summary
When not conducting training programs, Ambigah Krishnan is busy with her legal consultation especially in the corporate field.

Benefits of hiring Ms. Ambigah Krishnan
Ms. Ambigah’s forte in conducting legal programs is that she enhances Legal programs with Legal Practitioner’s advice and opinions. She also shares her experience as Legal advisor and Litigation lawyer to be part of teaching of legal programs. She is able to combine the elements taught in a specific program both soft skills and Legal with real life requirements for those on the job.

Industry Experience
Trained for Telecommunication sector, Health sector, Finance sector, Government of Malaysia, Insurance sector, Government Linked Companies, Auto Industry sector and Manufacturing sector.

Course Fee
(Course fee is inclusive of 2 tea breaks, lunch, course material,Certificate of Attendance and 6% GST)
Early Bird for training in KL : ( Book Before 23 October 2017 )
1 person or more ~ RM 995 / person
Standard
1 person ~ RM 1095 / person
2 persons or more ~ RM 995 / person
(Course fee is inclusive of 2 tea breaks, lunch, course material, Certificate of Attendance and 6% GST)
Terms & Conditions:
1. Registration & Fees Policy
Registration is confirmed once registration form is received via fax/email/mail. All Payments/Undertaking Letters/Local Order (LO)/Letter of Approval must be made available and presented prior to the course.
2. Cancellation Policy
Any cancellation must be received in writing within 7 working days prior to the event else full payment will be imposed. Any no-show by registered delegates will be liable for full payment of the program fees.
3. Disclaimer & Program Changes Policy
Scientia Training Sdn Bhd reserves the right to amend or cancel the event due to circumstances beyond its control. We reserved the right to modify the advertised topics or course timing whenever necessary.
Registration:
1. Fax 03-6207 6727
       OR
3. Payment shall be made payable to SCIENTIA TRAINING SDN BHD
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