Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

LEONG KAM SOON v. STAMFORD COLLEGE BERHAD /
STAMFORD COLLEGE (PJ) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 2126 OF 2018 [CASE NO: 19/4-1175/15]
5 SEPTEMBER 2018

SHAHRULAZMAN MING & YANG LAIN lwn. HICOM AUTOMOTIVE MANUFACTURES (MALAYSIA) SDN BHD & SATU LAGI KES
MAHKAMAH PERUSAHAAN KUALA LUMPUR
MOHD DUSUKI MOKHTAR
AWARD NO. 2364 TAHUN 2018 [NO. KES: 11/4-351/14]
27 SEPTEMBER 2018

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Article Highlight

WINERY LABOUR COMPANY FINED $127K FOR UNDERPAYING MIGRANT WORKERS, FALSIFYING RECORDS
NEW ZEALAND
Employment
Vineyard contracting company and boss fined more than NZ$120k for exploiting workers
A vineyard contracting company has been fined $127,500 for falsifying and failing to keep wage and leave records for 199 migrant workers. Marlborough vineyard contracting company Double Seven Services and its owner have been collectively penalised by the Employment Relations Authority. Double Seven Services was fined by the ERA $85,000 and its sole shareholder, Qin Zhang, was penalised $42,500 for 59 breaches of minimum employment standards.

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CHRISTMAS PARTY CHOKING INCIDENT LEADS TO UNFAIR DISMISSAL RULING
UK
Employment
Bar manager strangled by colleague until she passed out wins unfair dismissal case
The manager of a club in Cardiff won an employment tribunal ruling for unfair dismissal after senior staff failed to properly investigate her collapse at a Christmas party in December last year. The reason 24-year-old Molly Phillips passed out at the Cameo Club in Roath, was that her colleague, 33-year-old Nathan Webb, put her in a headlock, as seen on CCTV footage shown to the tribunal at Cardiff Magistrates Court. The footage shows that as Phillips lost consciousness Webb released her, allowing her to fall heavily to the ground. She sought medical attention the next day when she noticed she had suffered a facial palsy. Doctors told her the palsy was “either caused by lack of oxygen or nerve damage”, the hearing heard. Phillips had no clear memory at this stage of the incident.

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Global Media Reports

MALAYSIA

Joy for Nepalis as Malaysia increases minimum wage of workers to Rs29k
The Kathmandu Post | 07-Sep-2018
Malaysian government’s decision to increase workers’ minimum wage would benefit thousands of Nepalis working in Malaysia. The revised pay entitles a w...

Malaysia August palm oil stocks forecast to rise to six-month high
The Edge Markets MY | 05-Sep-2018
KUALA LUMPUR (Sept 5): Palm oil inventories in Malaysia, the world's second largest producer, are forecast to rise at the end of August for a third mo...

ASEAN

Labour law fight heats up
Frontier Myanmar | 07-Sep-2018
Business groups are furious about a move to introduce jail terms for violations of a labour dispute settlement law, but lawmakers and trade unions say...

Vocus routes traffic across new Singapore cable after SMW-3 outage
Computerworld Australia | 05-Sep-2018
Vocus has begun routing traffic via the new Australia Singapore Cable (ASC) after a major outage on the Sea-Me-We3 (SMW-3) subsea cable system. Lik...

WORLD

Employment-related cases can be filed within a year
gulfnews.com | 07-Sep-2018
A reader from Dubai asks: I work in a company under a free zone law. My questions are:...

A positive turn in the labour law
The Daily Star | 05-Sep-2018
The easing of trade union rules is a positive step that indicates the government's intention to improve working conditions of factory workers. The dra...

See all previous Global Media Reports

New! LLB Bulletin #01/2019