Learn From The Best

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. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.


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.


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, Education sector [Universities and colleges],Government Linked Companies, Auto Industry sector and Manufacturing sector.

Lawful Termination by Employers & Understanding Employee Benefits Under The Employment Act 1955 & 2012; SOCSO Act 1969 & 2016; and Employee Insurance Scheme Act 2017

9 - 10 November 2020

Introduction

  • Understanding Termination process is essential for all Managers and Supervisors and Human Resource as they can use the employment law with greater understanding and most importantly have a good defence in a claim against the company. The Employment Act 1955 forms the basis of employment contracts between employer and certain categories of mostly non-management employees. It also serves as a guideline for employees who are not protected under the EA.

  • The SOCSO Act 1969 is an insurance scheme for Malaysian employees for employment injury or invalidity. Both employer and employee are required by law to contribute to EIS and SOCSO.

  • The programme covers all the relevant aspects of the EIS, SOCSO Acts, Income tax deductions and Employee Insurance Scheme ie duties and liabilities of employers, the benefits and conditions for benefits and procedures for making claims.

Program Outlines

Module 1: Understand the different Contracts of employees

  • Contract for Service

  • Contract of Service

  • Probation Contract

  • Fixed term contract

  • Non-Renewal of Contract – Fixed duration contracts and legal development since 2016

  • Non fixed contracts –categories to take into account.

  • Variations of Employment Contract – Procedure

Module 2: Handling Misconduct and the relevant Disciplinary Procedures

  • Different strategies for Discipline

  • Understanding the 3 different types of Absenteeism and the different procedures used.

  • Procedure for medical boarding out and Prolong illness

  • Understanding various other misconducts including Malingerer/Tardiness/Habitual Late comers/Insubordination and Disobedience.

Module 3:Effective Warnings and Notice Periods both contractual and Statutory

  • PILON – An implied Right of the Employee

  • PILON and Industrial Court Powers – An Employer’s Dilemma?

  • Understand what is statutory Notice period and when to compensate.

Module 4:Probation

  • Probationers and Letter of Offers

  • Monitoring Probationers -Guidelines

Module 5: Ending the Employment Relationship and Avoiding Wrongful Dismissal

  • Summary dismissal and benefits

  • Using the Doctrine of Frustration of contract to terminate–When does it apply
    Circumstances where contract is said to be frustrated
    Is Termination Benefits payable in cases of Frustration?
    Can employee make a claim for Unfair Dismissal in cases of Frustration?

Module 6:Employee Rights Under Employment Law

  • EA:Normal Hours and OT Normal working hours & days, Overtime Rates

  • EA:Annual / Sick / Maternity Leave / PH / Rest Days and OTNo of days of entitlement, Conditions for paid leave, Encashment of leave, Rate for work done during normal hours / OT rates

Module 7: SOCSO

  • Contributions Who needs to contribute?, Recovery of contribution from immediate employer, Contributions where industries or employees are not registered, Returns and registers

  • Benefits Invalidity Grant, Temporary and Permanent Disablement Benefit, Total and Partial Disablement, Pension Scheme, Survivors’ pension, Dependents’ Benefit, Occupational Diseases, Funeral Benefit, Constant Attendance Allowance, Medical Benefit, Payment on death of employee, Education Benefit, Accidents while travelling

Module 8: EIS [employee Insurance Scheme]

  • Employee Insurance Scheme Act 2017

  • Interpretation of concepts useful for employer understanding of scheme.

  • Registration and Contribution by employer

  • Where employee has more than one employer

  • Assessment of contribution and arrears and interest payable

  • Benefits

  • Conditions to qualify contributions

  • Job search allowance

  • Early re-employment allowance

  • Reduced income allowance

  • Powers of officials to inspect and prosecute.

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Who Should Attend

  1. General Managers, Human Resource Managers and Staff, Executives and Supervisors. All staff who needs to understand termination process and employee rights.

  2. All HR Managers and Executives need to know the main provisions of the EA for Termination and to avoid providing benefits less than the Employment Act. They may at times need to explain to employees some of the main provisions of the Employment Act so as to avoid misunderstanding.

  • They also may need to know the procedure to register new employees and to inform EIS and SOCSO of terminated employees. They may need to know how to make EIS and SOCSO claims for injury and invalidity. As part of their corporate social responsibility and welfare, HR Managers and Executives may want to go even further and explain the benefits of EIS and SOCSO to employees so that employees or their families may claim the full benefit within the stipulated deadlines. Employers may also be able to help employees in this regard. Ethical employers need to know the EA, and SOCSO and EIS Acts to provide maximum support to employees

Methology

Presentations, case situations, discussions

After Attending, You Will Return To Your Job

Understand the general requirements of the Labour Laws of Malaysia and its relative application at work.




Ability to implement the right processes and procedures covering the crucial areas: Hiring; Managing Human Resources; Effective Deployment; Setting of KPIs, Consequence Management [Management of Disciplinary Issues; Correspondence; Domestic Inquiry; Termination Process and Legal claims by Dismissed Employees]




Ability by Management/Organization to reduce the risk of wrong Human Resource Management Practices

  • Make Employers know of their rights under the law, to avoid unnecessary and costly litigation;

  • Understand the probable causes of absenteeism and identifying strategies to find long term solutions to absenteeism;

  • Understand how to effectively deal with poor performance and misconduct;

  • Obtain effective efficiency from the workforce at all levels of the organization;

  • Learn what are the proper procedures to terminate an employee;

  • Learn to use the legal provisions relating to termination effectively;

  • Able to draft Warning/Show Cause/ Charges letters at the pertinent stages;

  • Understand when to terminate the employee and how to prepare for challenges under the Industrial Relation Act


Identify employees who are covered under the Employment Act 1955; & SOCSO Act 1961

  • Register employees with SOCSO & EIS

  • Know the rates of deduction & contribution for different categories of employees for SOCSO

  • Identify the benefits to employees under the provisions of EIS & SOCSO

  • Make claims or assist in making claims for SOCSO employment injury and invalidity schemes

  • Explain the benefits of SOCSO to employees

  • Explain the Employee Insurance Scheme to employees

Course Fees

Normal Fee ~ RM 1,484 / Person

Group Discount (For 3 Or More Participants) ~ RM 1,335.60 / Person

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