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

MUHAMMAD ZAILANI MAT ZIN v. NATIONAL UNION OF HOTEL, BAR AND RESTAURANT WORKERS, PENINSULAR MALAYSIA
INDUSTRIAL COURT, KUALA LUMPUR
AUGUSTINE ANTHONY
AWARD NO. 760 OF 2020 [CASE NO: 4/4-2857/18]
4 JUNE 2020


MIYAN UDIN & ANOR v. GOODYEAR MALAYSIA BERHAD
(Consolidated with Case No. 3/1-1120/19 - 3/1-1235/19, 3/1-1261/19 - 3/1-1262/19 and 3/1-1340/19 by Court Order vide Interim Award No. 2933 of 2019 dated 8 November 2019)
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
EMPLOYEES’ PANEL: NIZAH MAT JAIE
EMPLOYERS’ PANEL: ROHIZAT BAHARUM
AWARD NO. 944 OF 2020 [CASE NO: 3/1-1119/19]
8 JULY 2020

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Article Highlight

SUPREME COURT RULING FORCES JAPAN POST TO REWRITE CONTRACTS
ASIA 
Employment 
Japan's top court rules fixed-term employees at Japan Post entitled to allowances and paid leave
The Supreme Court sided with nonregular workers at Japan Post Co. by ruling Oct. 15 they are entitled to allowances and paid leave that regular workers take for granted. The decision could have widespread ramifications for Japan Post because 184,000 or so of its 380,000-strong workforce are on fixed-term contracts. The ruling covered appeals stemming from three lawsuits submitted by Japan Post contract workers who sought allowances and paid leave on a par with regular employees. The First Petty Bench of the Supreme Court ruled on five issues, such as allowances for dependents and paid leave during the winter and summer vacations and decreed that nonregular workers were entitled to them.

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OUSTED OXFORD PROFESSOR REINSTATED AND AWARDED £30K
UK 
 Employment 
 Oxford University don wins landmark age discrimination battle, awarded £30k in compensation
An Oxford University professor who was forced to leave his job under a retirement age policy is to have his position reinstated and has been awarded almost £30,000 in compensation. Professor Paul Ewart, who was head of atomic and laser physics at Oxford’s Clarendon Laboratory, was forced out of his job in September 2017 at age 69 under a policy designed to bring younger staff into posts. In 2017, the university changed its retirement age from 67 to 68. The Reading employment tribunal last year ruled Prof Ewart’s dismissal as unlawful and said the university’s Employer Justified Retirement Age (EJRA) policy was “highly discriminatory”.

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Global Media Reports

MALAYSIA

MEF: More clarity needed on Work-From-Home directive
The Star | 21-Oct-2020
MEF: More clarity needed on Work-From-Home directive...

Confusion reigns over who should work from home
The Star | 21-Oct-2020
Confusion reigns over who should work from home...

ASEAN

Rebooting Indonesia’s economy in post-pandemic world
The Jakarta Post | 21-Oct-2020
Rebooting Indonesia’s economy in post-pandemic world...

Keeping trade flowing is key to Asean's recovery: Singapore minister
The Star | 21-Oct-2020
Keeping trade flowing is key to Asean's recovery: Singapore minister...

WORLD

Employment: job scams and warning signs
The Osceola News Gazette | 20-Oct-2020
After COVID-19 unemployment rates reached the highest in the United States at a 14.7 percent in April 2020. According to the U.S Bureau of Labor Stati...

Half of Working Adults Fear for Their Jobs
Modern Diplomacy | 20-Oct-2020
In a new World Economic Forum-Ipsos survey of more than 12,000 working adults in 27 countries, more than half (54%) say they are concerned about losin...

See all previous Global Media Reports

New! LLB Bulletin #10/2020