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

KAMAAZURA ABU BAKAR v. KYP EDUCATION SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
NOOR RUWENA MOHD NURDIN
AWARD NO. 668 OF 2020 [CASE NO: 12/4-665/18]
17 MARCH 2020


ZAINAB SHAARI & YANG LAIN lwn. SIRIM BERHAD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 734 TAHUN 2020 [NO. KES: 19/4-149/18]
(Disatukan dengan kes 19/4-150/18, 19/4-151/18,
19/4-152/18, 19/4- 153/18, 19/4-154/18, 19/4-155/18,
19/4-156/18, 19/4-157/18, 19/4- 158/18,
19/4-159/18, 19/4-160/18, dan 19/4-161/18 melalui
Perintah Mahkamah Interim Award No. 378/2019
bertarikh 24 Januari 2019)

3 JUN 2020

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Article Highlight

FRENCH WORKER AWARDED €40,000 BECAUSE HIS JOB WAS BORING
EUROPE
Employment

Former manager who had suffered from 'bore-out' awarded €40k
An employee of a luxury perfumes manufacturer has been awarded €40,000 in compensation by a French court after it was found to have inflicted extreme boredom on him, which amounted to harassment. Frédéric Desnard had so little to do at his job at Interparfums – which manufacturers Jimmy Choo and Karl Lagerfeld perfumes, among other designer brands – that he suffered from “bore-out”, which caused his health to deteriorate.

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CITY WORKER WHO BLEW THE WHISTLE ON FINANCIAL MALPRACTICE WINS UNFAIR DISMISSAL CLAIM
UK
Employment
Former head of compliance for online brokerage awarded £75k payout
A City executive who blew the whistle on financial malpractice and was subjected to ongoing victimisation after her employment ended was unfairly dismissed, a tribunal has ruled. The east London tribunal found Ms Svetlana Sinelnikova was unfairly dismissed when foreign exchange broker ActivTrades suspended her for gross misconduct after she attended a work trip while signed off sick. It concluded that the company attempted to “attack her credibility” following Sinelnikova blowing the whistle on financial malpractice.

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Global Media Reports

MALAYSIA

Measures taken against illegal immigrants during MCO according to law, says Hamzah
The Edge Markets | 06-Jul-2020
PORT KLANG (July 6): Measures taken against illegal immigrants during the implementation of the movement control order (MCO) were not discriminatory a...

Retrenchment in Malaysia – principles and guidelines
The Sundaily | 06-Jul-2020
IN this second part of the series, we consider the Malaysian principles and guidelines for retrenchment of employees, as well as the primary administr...

ASEAN

hina to Crack Down on Fraudulent Graduate Employment Data
Sixthtone | 06-Jul-2020
China’s top education authority is planning to crack down on dubious data provided by schools regarding their graduate work placements to ensure an au...

Oyo slashing footprint and headcount in virus-hit Japan
The Edge Markets | 06-Jul-2020
TOKYO (July 6): Oyo Hotels, one of the largest start-ups in SoftBank Group Corp’s portfolio, is dramatically shrinking its footprint and headcount in ...

WORLD

News Finance & Employment Q&A Event
KCWToday | 06-Jul-2020
Ask your questions to our expert panel consisting of Graham Hart, Head of Economic Development at RBK&C Council, Robert Moore, Managing Partner at BGM...

Malta: Abandonment Of Employment And Maternity Leave
Mondaq | 06-Jul-2020
On 4 March 2020, prior to the Maltese courts' closure due to the COVID-19 pandemic, the Court of Magistrates decided a case wherein an employer claime...

See all previous Global Media Reports

New! LLB Bulletin #07/2020