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

SHARIFAH BAIZURIAH SYED MOHAMAD ZIN lwn. INSTITUT AKAUNTAN MALAYSIA
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
SITI SALWA MUSA
AWARD NO. 3018 TAHUN 2019 [KES NO: 21/4-1745/18]
20 NOVEMBER 2019


KESATUAN PENYELIA-PENYELIA PROJEK LEBUHRAYA USAHASAMA BERHAD v. PROJEK LEBUHRAYA USAHASAMA BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
P IRUTHAYARAJ D PAPPUSAMY
EMPLOYEES’ PANEL: MOHD KHIR MANSOR
EMPLOYERS’ PANEL: MOHD ASYMAWI MOHD ROSLI
AWARD NO. 3148 OF 2019 [CASE NO: 24(12)/2-485/17]
9 DECEMBER 2019

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Article Highlight

SPANISH COURT RULES WORKERS CAN HAVE PAY DEDUCTED FOR SMOKING BREAKS
EUROPE
Employment
Spanish energy firm that stopped paying employees for coffee, smoking breaks wins case
A company that stopped paying its employees for smoking breaks has won its case in Spain's high court. Energy company Galp says it was implementing Spanish law when it began deducting time spent off premises from employees' working days. A quick coffee break or breakfast with a colleague is also included in Galp's policy, which began in September last year. The trade union that brought the case to court plans to appeal the decision.

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HOW TO SACK A WORKER FOR RACISM (ACCORDING TO FAIR WORK)
AUSTRALIA
Employment
Consultant's breach of code of conduct, diversity policy amounted to valid reason for dismissal
It goes without saying that employees should treat each other with respect and courtesy in the workplace. In a recent decision, the Fair Work Commission (FWC) was tasked with considering a claim from a dismissed employee who alleged that remarks he made in the workplace were not offensive and did not justify his dismissal. The employee in this case was a customer save consultant and had been working for his employer for about two years. In 2018, as part of his employment, the employee attended a training course with his colleagues about identifying customer concerns over telephone. The training required the attendees to diagnose a customer’s issues as though they were a doctor. In the course of the exercise, the employee said to the trainer, “ask these guys”, meaning the three colleagues sitting next to him who he believed to be Indian. The trainer asked, “why these guys?”, and the employee responded, “they’re Indian, and all Indians are doctors”.

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Global Media Reports

MALAYSIA

Workers should file complaint if employers violate labour law
The Sun Daily | 14-Jan-2020
KUALA LUMPUR: Workers who are aggrieved of their employers’ action which violates any provisions under the labour law should present themselves to the...

No compromise on social compliance audit report — Kula Segaran
Borneo Post | 14-Jan-2020
MIRI: The Human Resources Ministry will not compromise with errant business owners who fail to submit their social compliance audit report when the la...

ASEAN

Myanmar leads ASEAN on child rights and protection
Myanmar Times | 14-Jan-2020
In November, the parliament approved the ratification of the International Labour Organization’s Minimum Age Convention No 138. The 18-article convent...

Singapore fake news law to face legal challenge
Asean Economist | 14-Jan-2020
The Singapore Democratic Party (SDP) was ordered in December to put government notices stating that a piece contained false information on its website...

WORLD

LLC, Others to Petition Legislature to Amend Current Labor Law
Librarian Observer | 14-Jan-2020
Authorities at the Liberia Labor Congress (LLC), in collaboration with key Civil Society Organizations (CSOs) including Trade Union Institutions, will...

In Malta, Son of Ex-President Is Chosen as Prime Minister
NY Times | 14-Jan-2020
Robert Abela will replace Joseph Muscat, who is stepping down as close associates of his have come under scrutiny after the killing of a journalist....

See all previous Global Media Reports

New! LLB Bulletin #02/2020