Maimunah's ColumnMaimunah 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 firstname.lastname@example.org with the sender’s full name and e-mail address.
Guide to the Employment Act 1955All 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 SystemThe 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 ManagementPractical 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.
NADIA ABDUL JAMIL v. SAMADHI RETREATS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
TAN GHEE PHAIK
AWARD NO. 1587 OF 2017 [CASE NO: 13(14)/4-569/13]
1 NOVEMBER 2017
MOHD SHAFIQ HELMI SOHARI v. NEXT LOGISTICS SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 1774 OF 2017 [CASE NO: 3/4-937/15]
8 DECEMBER 2017
A NEW DEFINITION OF ‘WORKER’ COULD PROTECT MANY FROM EXPLOITATION
AUSTRALIAEmploymentNew category of worker may protect more people in total but at a lower minimum standardIf we want gig workers (such as Uber drivers, Airtasker cleaners and delivery riders) to have decent working conditions, pay and hours, it may be time to consider creating a new legal category of “worker” that covers contractors as well as employees. Gig workers and workers in other precarious fields would be entitled to minimum pay rates and conditions even if they were not classified as employees of the platforms they work for.‘WHERE IS MY PAYOUT, F**GOT?’: SACKED COLES WORKER’S FOUL-MOUTHED TEXT MESSAGE RANTS
AUSTRALIAEmploymentBipolar disorder 'not mitigating factor' in dismissal of foul-mouthed workerA FOUL-MOUTHED Coles employee sacked for abusing co-workers as “retards” and “f**gots” has lost a bid for unfair dismissal after the Fair Work Commission found his bipolar disorder was “not a mitigating factor”. Ridwan Ridwan was sacked from the Glenferrie Coles in Victoria in August last year for inappropriate behaviour including swearing, yelling, using racial slurs and behaving in an aggressive manner towards fellow team members.
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