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

JASPAL KAUR AJIT SINGH v. LEONFAST SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
TAN GHEE PHAIK
AWARD NO. 2346 OF 2018 [CASE NO: 13/4-946/18]
26 SEPTEMBER 2018


TAN HONG LAI v. UMW TOYOTA MOTOR SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ROSENANI ABD RAHMAN
AWARD NO. 2596 OF 2018 [CASE NO: 2/4-209/15]
17 OCTOBER 2018

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Article Highlight

NHS MANAGER AWARDED £1 MILLION PAY-OUT FOR UNFAIR DISMISSAL
UK
Employment
Dismissed manager awarded £1 million in compensation
An IT manager at an NHS trust has been awarded £1m in compensation by an employment tribunal after he was unfairly dismissed. Richard Hastings, who worked for King’s College Hospital NHS Foundation Trust, was dismissed in October 2015 for gross misconduct following an incident in the car park. Hastings had an altercation with a van driver and contractor after he tried to make a note of the vehicle’s registration number when the driver racially abused and assaulted him. Hastings had called the hospital’s security office for help but no record of the phone call was logged. Security confirmed they had received the call and that nobody came to his aid.

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JUDICIAL REVIEW DELIVEROOS RULING ON GIG ECONOMY
UK
Administrative law
HC ruling on trade union's legal challenge will have major implications for workers in gig economy
A judicial review, brought by the Independent Workers Union of Great Britain (IWGB), argues Deliveroo is denying their riders the right to collectively bargain for pay and holidays through their trade union, and state this breaches their human rights. Article 11 of the Human Rights Convention protects the right to join a trade union, as ‘everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions, for the protection of his interests.’ The high court ruling is predicted to have major implications for thousands of workers in the gig economy, and is the latest development relating to workers in the gig economy. Earlier this month the Employment Appeal Tribunal ruled that Addison Lee drivers are employees, not self-employed contractors.

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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 #12/2018