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

ALL MALAYAN ESTATES STAFF UNION (AMESU) v. LADANG JERAM PADANG (KUALA LUMPUR KEPONG BERHAD)
INDUSTRIAL COURT, KUALA LUMPUR
RUWENA MOHD NURDIN
EMPLOYEES’ PANEL: KAMARUL BAHARIN MANSOR
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 979 OF 2018 [CASE NO: 12/3-513/16]
30 APRIL 2018


KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA v. SUBANG JAYA HOTEL DEVELOPMENT SDN BHD (GRAND DORSETT SUBANG HOTEL)
INDUSTRIAL COURT, KUALA LUMPUR
RAJENDRAN NAYAGAM
EMPLOYERS’ PANEL: DAVID AZZUDDIN BUXTON
EMPLOYEES’ PANEL: NAHARUDIN IBRAHIM
AWARD NO. 1196 OF 2018 [CASE NO: 23(7)(13)/2-228/15]
28 MAY 2018

Read More

Article Highlight

IRAQI DIPLOMAT ORDERED TO PAY $20,000 OVER ‘MORALLY REPUGNANT’ SACKING OF FILIPINO NANNY
AUSTRALIA
Employment
Diplomat who docked $250 from nanny's wages over shampoo ordered to pay A$20k
An Iraqi diplomat who docked $250 from the wages of her live-in Filipino nanny for a bottle of Sunsilk shampoo has been ordered to pay $20,000 over the “morally repugnant” treatment. Juliet Buenaobra was brought to Australia in January 2015 on a 403 temporary work visa by Republic of Iraq Consul-General Anwar Alesi, then First Secretary, to perform domestic work at her home. Ms Buenaobra was promised monthly wages of $1750 but was paid as little as $800, typically in cash. Her contract included a number of monthly “deductions”, including “board and lodging” of $800 — despite not having a private bedroom — “incidentals allowance” of $250, and $125 for “full medical insurance” that was never provided.

Read More

COMPANY SHOULD HAVE BEEN ALLOWED TO CONTEST £75,000 TRIBUNAL AWARD, FINDS COURT OF APPEAL
UK
Employment
Debarring order should not extend to remedy hearing in a significant claim
A company which was blocked from defending its liability in an employment tribunal should have still been able to contest the amount awarded against it, the Court of Appeal has ruled. Office Equipment Systems had been issued draft damages worth almost £75,000 after former employee Jane Hughes lodged a multitudes of claims against it in November 2015. On 8 December 2015, Cardiff Employment Tribunal wrote to Office Equipment Systems informing the company that, as it had not responded to the claims, its ability to participate in any hearing would be limited. When employers do not respond to claims in a timely manner, tribunals are entitled to make a finding on the facts made available to them by the employee.

Read More

Global Media Reports

MALAYSIA

Strengthening social solidarity to ease the public burden
Malaysian Christian News | 16-Aug-2018
In the new Malaysia, there are a few things we can do to immediately raise the quality of life for the lower-income group. The first step has already ...

Weekly payment of salary not against the law
New Straits Times Online | 14-Aug-2018
KUALA LUMPUR: Employers can make weekly salary payments as the practise is not against the law. Deputy Human Resources Minister Datuk Mahfuz Omar s...

ASEAN

Here’s why Hong Kong’s low fertility rate poses a threat to its very future
South China Morning Post | 16-Aug-2018
Increased paternity leave, family-friendly working conditions, and childcare subsidies are some of the solutions that have been suggested to help tack...

China's #MeToo moment can spark positive change
The New Paper | 14-Aug-2018
As more women confront bullies and bosses, a wider drive for equal treatment could gain overdue prominence....

WORLD

Labour prepares the ground for compromise on antisemitism code
The Guardian | 16-Aug-2018
Labour is preparing the ground to amend its antisemitism code of conduct to align with International Holocaust Remembrance Alliance guidelines, provid...

Toni Jaramilla Named Among Top 75 Employment Law Attorneys
Markets Insider | 14-Aug-2018
LOS ANGELES, Aug. 14, 2018 /PRNewswire-PRWeb/ -- The Los Angeles and San Francisco Daily Journal recently named renowned civil and workers' rights att...

See all previous Global Media Reports

New! LLB Bulletin #08/2018