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

TEE SOON KIAT v. AIA BHD
INDUSTRIAL COURT, KUALA LUMPUR
NOOR RUWENA DATO’ MOHD NURDIN
AWARD NO. 450 OF 2020 [CASE NO: 12/4-2930/18]
20 FEBRUARY 2020


HII KING v. SARAWAK ENERGY BHD & ANOR
INDUSTRIAL COURT, KUALA LUMPUR
GULAM MUHIADDEEN ABDUL AZIZ
AWARD NO. 634 OF 2020 [CASE NO: 6(8)/4-333/13]
11 MARCH 2020

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Article Highlight

TEMPORARY LAYOFF SCHEMES NO CURE-ALL IN SLOW COVID RECOVERY
EUROPE
Employment

Temporary layoff schemes come at a cost
Temporary unemployment schemes operating across Europe could struggle to save the jobs of leisure and travel sector workers facing drawn-out or partial recoveries from the COVID-19 pandemic, even if they help industries that rebound quickly. Short-term unemployment or furlough schemes have taken in a quarter of Britain’s workforce, nearly two-thirds of those employed by France’s private sector and many millions across Europe.

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FAIR WORK COMMISSION RULES UBER EATS DRIVERS ARE NOT EMPLOYEES
AUSTRALIA
Employment
Uber Eats delivery drivers not entitled to employee rights
Australia's Fair Work Commission (FWC) has ruled that Uber Eats delivery drivers are independent contractors and thus not entitled to employee rights. The full bench ruling, made on Tuesday, held that an employer-employee relationship did not exist between Uber Eats and one of its delivery drivers due to three "critical" factors.

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Global Media Reports

MALAYSIA

Chief Minister: Almost 600 Melakans have lost their jobs during MCO period
The Star | 22-May-2020
MELAKA: Assistance needs to be given to the 573 Malaysians who have lost their jobs during the movement control order (MCO) period, says the Melaka Ch...

Record job loss?
The Sundaily | 21-May-2020
PETALING JAYA: Malaysia is likely to see its unemployment rate hit double digits if the current economic uncertainties persist. If that happens, it...

ASEAN

The Disproportionate Effect of COVID-19 on Migrant Workers in ASEAN
The Diplomat | 22-May-2020
A significant percentage of all ASEAN workers consist of migrant labor, whose remittances contribute a substantial proportion of GDP in many nations a...

Over 90 per cent of SMEs in China resume operations
The Star | 20-May-2020
BEIJING (Xinhua): About 91 per cent of China's small and medium-sized enterprises (SMEs) had resumed operation as of Monday after disruptions caused b...

WORLD

After Twitter, Facebook and Shopify announce permanent work from home after coronavirus crisis
Financial Express | 22-May-2020
After micro-blogging platform Twitter announced that it will let employees work from home permanently, Canadian e-commerce website Shopify and social ...

Employment Income Expectations Improve in 35 U.S. States, D.C.
BNN Bloomberg | 21-May-2020
(Bloomberg) -- Americans’ views about whether the Covid-19 outbreak is expected to zap employment income are diverging among states....

See all previous Global Media Reports

New! LLB Bulletin #05/2020