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

MALAYSIAN AIRLINE SYSTEM EMPLOYEES’ UNION PENINSULAR MALAYSIA (MASEU) v. MALAYSIA AIRLINE SYSTEM BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
RAJENDRAN NAYAGAM
EMPLOYERS’ PANEL: ALAN NETTO
EMPLOYEES’ PANEL: KAMARUL BAHRAIN
AWARD NO. 1258 OF 2018 [CASE NO: 23(3)/3-254/15]
4 JUNE 2018

THE ANDAMAN A LUXURY COLLECTION RESORT, LANGKAWI (ANDAMAN RESORT SDN BHD) v. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESTORAN SEMENANJUNG MALAYSIA
INDUSTRIAL COURT, KUALA LUMPUR
JAMHIRAH ALI
EMPLOYEES’ PANEL: GILBERT JOHN AROKIA
EMPLOYERS’ PANEL: ANANDARAJU MOOKKAPILLAI
AWARD NO. 1609 OF 2018 [CASE NO: 7(13)/3-208/14]
13 JULY 2018

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Article Highlight

BUSINESS ORDERED TO REHIRE WORKER IT SACKED FOR OPERATING A SIDE BUSINESS ON COMPANY TIME: A LESSON IN PROPER DISMISSAL PROCEDURE
AUSTRALIA
Employment

Importer jumped the gun in firing sales associate
A Melbourne-based businessman has conceded he jumped the gun in firing a worker for operating a side business on company time, after being ordered to rehire her last week. The Fair Work Commission (FWC) has ruled cabinetry and hardware importer Lek Supply unfairly dismissed sales associate Abigail Jackman in April over allegations she stole from the company by working on her own business. Jackman started her own business, Royal Scent & Co, while she was on maternity leave last July, selling candles, as well as bath and body products.

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NEW RULES FOR CASUAL WORKERS BEGIN ON OCTOBER 1, 2018
AUSTRALIA
Employment

Casual workers who have worked regular hours for a year can request permanent position
Casual workers now have the right to ask their bosses for a permanent position if they have worked regular hours for at least one year. The Fair Work Commission released a ruling last year that an employee who worked an average of 38 hours for at least 12 months could ask for their position to be converted to a permanent full-time job.
Those who worked less than 38 hours can ask to be a part-time employee if they work a “pattern of hours”, according to the ruling that took effect on October 1.

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Global Media Reports

MALAYSIA

Joy for Nepalis as Malaysia increases minimum wage of workers to Rs29k
The Kathmandu Post | 07-Sep-2018
Malaysian government’s decision to increase workers’ minimum wage would benefit thousands of Nepalis working in Malaysia. The revised pay entitles a w...

Malaysia August palm oil stocks forecast to rise to six-month high
The Edge Markets MY | 05-Sep-2018
KUALA LUMPUR (Sept 5): Palm oil inventories in Malaysia, the world's second largest producer, are forecast to rise at the end of August for a third mo...

ASEAN

Labour law fight heats up
Frontier Myanmar | 07-Sep-2018
Business groups are furious about a move to introduce jail terms for violations of a labour dispute settlement law, but lawmakers and trade unions say...

Vocus routes traffic across new Singapore cable after SMW-3 outage
Computerworld Australia | 05-Sep-2018
Vocus has begun routing traffic via the new Australia Singapore Cable (ASC) after a major outage on the Sea-Me-We3 (SMW-3) subsea cable system. Lik...

WORLD

Employment-related cases can be filed within a year
gulfnews.com | 07-Sep-2018
A reader from Dubai asks: I work in a company under a free zone law. My questions are:...

A positive turn in the labour law
The Daily Star | 05-Sep-2018
The easing of trade union rules is a positive step that indicates the government's intention to improve working conditions of factory workers. The dra...

See all previous Global Media Reports

New! LLB Bulletin #10/2018