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

CLUB EMPLOYEES UNION PENINSULAR MALAYSIA v.
ROYAL SELANGOR GOLF CLUB

INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE, EMPLOYEES’ PANEL: SAMSUDIN USOP, EMPLOYERS’ PANEL: VETHAMUTHU R SAMY KANOO
AWARD NO. 1428 OF 2017 [CASE NO: 1/1-1694/16]
9 OCTOBER 2017


A SANMUGAM ANNAMALAH & ANOR v. LIMKOKWING UNIVERSITY / LIMKOKWING UNIVERSITY OF CREATIVE TECHNOLOGY
INDUSTRIAL COURT, KUALA LUMPUR
DUNCAN SIKODOL
AWARD NO. 1516 OF 2017 [CASE NO: 17(15)(19)/4-750/12]
24 OCTOBER 2017

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Article Highlight

SEXUAL HARASSMENT IN THE WORKPLACE: WHAT CROSSES THE LINE?
US
Employment
What constitutes sexual harassment, and when it violates the law
West, who travels the country to conduct workplace harassment training, including here at CBS News, began by defining the two types of harassment at work: hostile work environment and quid pro quo. For a situation to be considered a hostile work environment, West said the conduct must meet a number of criteria. It must be behavior that's "unwelcome, or offensive, some jurisdictions would say"; it must be directed at someone because of a legally protected characteristic such as race, gender, sexual orientation, or age; and the misconduct must be be severe or pervasive.

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SUSPENSION AND INVESTIGATION LEADING TO TERMINATION. ALL WITHIN THE IMPLIED RIGHT TO ISSUE LAWFUL AND REASONABLE DIRECTIONS?
AUSTRALIA
Employment
Employer's right to issue lawful and reasonable directions can be a powerful tool in managing allegations of misconduct
In considering the breakdown of the employment relationship between a dental clinic operator, Railway & Transport Health Fund Ltd (RTHF), and one of its principal dentists, Dr Avenia, the Federal Court confirmed that the implied right of an employer to issue lawful and reasonable directions to employees will, in appropriate circumstances, extend to the suspension of employees and the conducting of investigations into allegations of misconduct in the absence of any express contractual right to do so.

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Global Media Reports

MALAYSIA

Sarawak hotels say no such thing as ‘tudung’ ban
Malay Mail | 15-Jan-2018
KUALA LUMPUR, Jan 15 — There is no ban against the use of “tudung” or headscarves by female Muslim employees of hotels in Sarawak, a hotel association...

Let dads rock the cradle too
The Star Online | 11-Jan-2018
ALBERT Einstein said that insanity is doing the same thing over and over again and expecting different results....

ASEAN

Will 2018 Be The Year Of Labour Law Reforms? First Of The Four Promised Codes May Seek Parliament Nod This Budget Session
Swarajya | 15-Jan-2018
A major complaint by businesses of all sizes in India has been that country needs to overhaul its labour laws - at the moment dozens of labour law cod...

Singapore High Court rules widow can claim work injury compensation
HRD Singapore (blog) | 11-Jan-2018
Dependents of an employee who died in a workplace accident can claim work injury compensation even without first being appointed executors or administ...

WORLD

22 expats held in Oman over Labour Law breaches
Times of Oman | 15-Jan-2018
Muscat: Police arrested 22 expats in Barka, according to a statement from the Royal Oman Police (ROP)....

Some local businesses caught off guard by amendments to Alberta labour law
CTV News | 11-Jan-2018
Changes to Alberta’s Employment Standards Code that came into effect on New Year’s Day are having a big impact on some small businesses....

See all previous Global Media Reports

New! LLB Bulletin #01/2018