MANAGING HR AND EMPLOYMENT ISSUES EFFECTIVELY AT THE WORKPLACE & 2019 LAW UPDATES ( 2 DAYS)
By Ms. Ambigah Krishnan
11 & 12 November 2019, 9:00 am to 5:00 pm
Kuala Lumpur
(100% Claimable From HRDF/PSMB)
INTRODUCTION

This two-day course offers in respect of the industrial relation perspective introduction to key issues in Malaysian employment law and provides practical guidance on employment issues. At the end of this programme, participants will be able to apply the relevant provisions in the labour legislations in handling employee relations

LEARNING OBJECTIVES
  • Getting to know 2019 UPDATES in both EA 1955 and Industrial Relation Act 1967
  • 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; and
  • Conducting Domestic Inquiry effectively

KEY BENEFITS:

  • 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
METHODOLOGY

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

WHO SHOULD ATTEND

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

COURSE OUTLINE

DAY 1

Scope of Employment Law Under EA 1955 & Sabah/Sarawak Labour Ordinances and 2019 UPDATES

  • 2019 UPDATES on Scope
  • 2019 UPDATE on Definition of an Employee and
  • Case studies to distinguish employee and Independent Contractor

Understand the different Contracts of employees

  • Contract for Service
  • Contract of Service
  • Probation Contract
  • Fixed term contract
  • 2019 UPDATE
  • 2019 New Anti-Discrimination Laws
  • 2019 Guidelines on Job Vacancy Advertisements /Job Carnivals and more

Handling Misconduct and the relevant Disciplinary Procedures

  • Different strategies for Discipline
  • Understanding the 3 different types of Absenteeism and the different procedures used.
  • Understanding Malingerer/Tardiness/Habitual Late comers/Insubordination and Disobedience.
  • Fraudulent MC claims -NEW MACC offence for corruption S.17A MACC [Amendment] Act 2018 effective 2020
  • How to prove Misconduct at different stages of Termination process

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.
  • Case studies

Law and Practice on Poor Performance under EA 1955 /SSLOs and Industrial Relations Act 1967

  • The Law and Process on Poor Performance
  • Guidelines on Disciplinary Action for Unsatisfactory Performance
  • Considerations in Performance-Related Dismissals
  • What must be included in warning letter for Poor Performance
  • What is Performance Improvement Plan?
  • Can Performance Improvement P be used to terminate Employees? -Guidelines for Employers/Managers

DAY 2

Probation

  • Probationers and Letter of Offers
  • Monitoring Probationers -Guidelines
  • Terminating Probationers – 5 Most misunderstood ideas.

Ending the Employment Relationship and Wrongful Dismissal

  • Modes of Terminations
  • Guidelines on Using the laws under Employment Act /Sabah and Sarawak Labour Ordinances effectively in Termination Process
  • Automatic Termination – Fact or Fiction?
  • 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?

Updates on Industrial Court Act 1967

  • 2019 UPDATES in Industrial Relations Act 1967
  • New section 20A explaining discrimination in employment
  • Understanding Employee Right for relief under S.18 for trade dispute and S.20 for Unfair dismissal under Industrial Relation Act 1967
  • How Section 30 Industrial Relations Act 1967 affects Employer’s termination of employment contract.
  • Can the decision of Industrial Court be appealed against and 2019 UPDATE in relation to this.

Conducting a Proper Domestic Inquiry

  • Writing Proper Letters for Suspension/Warning and Dismissal
  • Statutory Provisions on Discipline [with details]
  • Due Inquiry and Framing of Charges [Process details]
  • Domestic Inquiry Panel
  • Drafting the documentation including how to draft DI Panel Report for the Domestic Inquiry [samples provided]
  • Documents that are tendered as evidence
  • Role of Punishing Authority [details]
  • Types of Punishment after Termination and Case studies
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. 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.

Course Fee
(Course fee is inclusive of 2 tea breaks, lunch, course material,Certificate of Attendance)
1 person ~ RM 1590 / pax
2 persons or more ~ RM 1431 / pax
(Course fee is inclusive of 2 tea breaks, lunch, course material, Certificate of Attendance and 6 % Service Tax )
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 5 working days prior to the event else 30% 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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