Learn From The Best

AMBIGAH KRISHNAN

Advocate & Solicitor

LL.B (Hons) (London), Certificate In Legal Practice (Malaysia), TESOL (Canada)


Ambigah Krishnan has more than 15 years of training and corporate experience on Law topics. She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Lawyer who was called to the Malaysian Bar in 1996 and admitted as Advocate and Solicitor of the High Court of Malaya. Ambigah is currently practising under Tetuan Ambigah Krishnan & Co, Peguambela & Peguamcara, Kuala Lumpur.

Ambigah Krishnan trains in West Malaysia, Sabah, Sarawak and Brunei Darussalam.

She 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 PDPA seminars and implementation at the workplace since its inception in 2013.

She is also involved in areas relating to Contract Law, civil litigation, Risk compliance, Anti-Corruption laws and areas of Fraud prevention, Employment Law and IR, company matters, corporate, Dispute Resolution, 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

Ambigah Krishnan conducts seminars for Employment law and Industrial Relations law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Labour laws, Employment Law for HR and Non HR Managers, Grievance Handling for Heads of Department, Tenancy and Leases law and Procedure, Precision Drafting / Writing Commercial Contracts Advance Level, Contract Management, Purchasing Contracts and issue of liability for Vendors, Suppliers and Procurement Managers, Seminar on Prevention of Staff Fraud in association with PDRM, Anti-Corruption and Corporate Liability under MACC Act 2009/2018, the Personal Data Protection Act 2010 & Standards 2015 and Personal Data Protection Compliance implementation, EU GDPR 2018 including conference speaker for APEC, Information Security Training; Entrepreneur seminars for fresh graduates and business community.

Lawful Termination by Employers and Understanding Employee Benefits under the Employment Act 1955 and 2012; Employee Insurance Scheme Act 2017

17 - 18 March 2021 (9:00am-12:30pm)

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

Program Outlines

Module 1

Understand the different Contracts of employees

· Contract for Service

· Contract of Service

· Probation Contract

· Fixed term contract



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

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

· PILON – An implied Right of the Employee

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



Module 4

Ending the Employment Relationship and Avoiding Wrongful Dismissal

· 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 5

Employee Rights Under Employment Law

· No of days of entitlement

· Conditions for paid leave -Public holidays/Rest Days

· Encashment of leave

· Maternity Leave



Module 6 

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

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.

Methology

Presentations, case situations, discussions

After Attending, You Will Return To Your Job

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


2. 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]


3. 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


4.

  • Register employees with EIS

  • Identify the benefits to employees under the provisions of EIS

  • Explain the benefits of  EIS to employees

  • Explain the Employee Insurance Scheme to employees

Course Fees

Nett - RM 689.00

(Incl 6% Service Tax)

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