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Understanding the Labour Law & Domestic Inquiry

Understanding the Labour Law & Domestic Inquiry

Date: 20/05/2020 ~ 21/05/2020

Time: 9:00 am - 5:00 pm

Price: RM1800

Venue: Pathway Learning Academy

Introduction

Labour law defines your rights and obligations as workers, union members and employers in the workplace. Generally, labour law covers:

  • Industrial relations – certification of unions, labour-management relations, collective bargaining and unfair labour practices
  • Workplace health and safety
  • Employment standards, including general holidays, annual vacations, working hours, unjust dismissals, minimum wage, layoff procedures and severance pay

A domestic inquiry is an internal hearing held by an employer to ascertain whether an employee is guilty of misconduct. The purpose of a domestic inquiry is to find out the truth of the allegations made against the employee.
This aspect of “procedural fairness” in the taking of disciplinary action, against an employee may often be a crucial factor in deciding whether the dismissal will be upheld by the Court.
It is therefore, imperative to recognize that upholding a dismissal in the Industrial Court involves satisfying 2 criteria:

  • That there were proper grounds for terminating the employee;
  • That the procedure by which the employee was terminated was fair.

Course Objectives

At the end of this labour law and domestic inquiry course, participants will acquire a good understanding of the Employment Act. They will then be able to apply the legal aspects of the Acts to their human resource management system and formulate policies that will enhance a more harmonious employer- employee relationship.

Course Outline
DAY 1

1. THE INTERPRETATION

  • Labour legislation
  • Objective of Employment Act 1955
  • Application/ Scope of the Act

2. CONTRACT OF SERVICE AND DEFINITION OF WAGES ON TERMINATION, DISMISSAL AND RETRENCHMENT

  • Contract of service, breach of contract and termination of contract
  • Wage period, wage payment, priority of wages and deduction from wages
  • Termination and lay off benefits

3. HOURS OF WORK AND OVERTIME

  • General restriction on hours of work
  • Rate of overtime and limit of overtime
  • Application of the Act

4. REST DAYS AND PUBLIC HOLIDAYS, ANNUAL LEAVE AND SICK LEAVE

  • Work on a rest day, payment for work on a rest day and overtime work on a rest day
  • Substitution of public holiday, forfeiture of public holiday and payment for work on a public holiday
  • Rate of pay for annual leave, forfeiture of annual leave and annual leave upon termination of contract
  • Sick leave for hospitalization, payment rate for sick leave
  • Ordinary rate of pay

DAY 2

5. MATERNITY PROTECTION

  • Quality for maternity benefits
  • Maternity allowances and leave
  • Loss of maternity allowance
  • Commencement on maternity leave
  • Liability to pay maternity allowances

6. SEXUAL HARASSMENT IN THE WORK PLACE

  • Meaning and Definition
  • Forms of Sexual Harassment
  • Mechanism to combat Sexual Harassment
  • Protective and remedial measures

7. MISCONDUCTS

  • Minor and Major Misconducts
  • How to deal with Minor Misconducts and the punishment
  • Major Misconducts – how to identify and deal with them

8. DOMESTIC INQUIRY

  • Section 14( EA 1955)
  • The Principles of Natural Justice
  • The Stages of a Domestic Inquiry
    • Preliminary Inquiry
    • Charge sheet
    • Notice of Inquiry
    • Inquiry Proper
    • Decision of Panel
  • Disciplinary Punishments.

Methodology

This course will be conducted via mini-lectures, discussion, exercise and case studies. The participants will be introduced to the problems solving approaches available in purchasing.

Event Properties

Date 05-20-2020 9:00 am
Event End Date 05-21-2020 5:00 pm
Individual Price MYR1,800.00
Venue
Pathway Learning Centre, Taman Equine
Taman Equine, 43300 Seri Kembangan, Selangor, Malaysia Taman Equine, Selangor 43300 Malaysia
Pathway Learning Centre, Taman Equine
MYR1,800.00