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

KESATUAN EKSEKUTIF RHB BANK BERHAD v. RHB BANK BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
GULAM MUHIADDEEN ABDUL AZIZ, EMPLOYERS' PANEL: VASUDAVAN SUPPIAH, EMPLOYEES' PANEL: HASANI MD SAAD
AWARD NO. 462 OF 2018 [CASE NO: 6(18)(12)(4)(22)(4)/3-427/12]
28 FEBRUARY 2018

SALWA OTHMAN v. INSTITUT PROFESIONAL BAITULMAL
INDUSTRIAL COURT, SABAH
DUNCAN SIKODOL
AWARD NO. 494 OF 2018 [CASE NO: 17(14)/4-479/14]
5 MARCH 2018

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Article Highlight

EMPLOYEE OVERHEARD MANAGER SAY GETTING RID OF HER WAS A ‘WORK IN PROGRESS’, TRIBUNAL TOLD
UK
Employment 
Pharmacy dispenser was constructively dismissed
A pharmacy dispenser who overhead her manager say getting rid of her was a “work in progress” was constructively dismissed, a tribunal has ruled. Mel Warrington worked for Lloyd’s Pharmacy as a dispenser at Cambridge’s Addenbrookes Hospital from May 2004 until November 2016. The tribunal heard that in August and September 2016, her line manager spoke to her about her performance but, other than this, she had no formal disciplinary record at that point.

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IN TEST CASE FOR GIG ECONOMY, UK COURT BACKS CONTRACTOR
UK
Employment 
London plumber classed as self-employed was in fact a worker
A London plumber who claimed he was unfairly dismissed after years of working as a contractor won a court ruling Wednesday giving him employment rights, in a closely watched case testing labor rules in the so-called gig economy. Britain's Supreme Court ruled that Gary Smith, who worked for Pimlico Plumbers full-time for six years, was entitled to rights such as sick pay and minimum wage. Smith sought to reduce his hours following a heart attack, while the company argued he wasn't entitled to such protection because he was a self-employed contractor.

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Global Media Reports

MALAYSIA

KL wants only Malaysian cooks at restaurants from next year to cut reliance on foreign labour
The Straits Times | 22-Jun-2018
PETALING JAYA (BERNAMA) - Malaysia wants all restaurants in the country to only recruit only locals as cooks from next year in order to reduce depende...

Malaysia and the Trans-Pacific Partnership
Live Trading News | 11-Jun-2018
Malaysia’s newly-elected prime minister called Monday for the Trans-Pacific Partnership to be “renegotiated,” and urged protection for small countries...

ASEAN

Most in-demand Singapore HR roles in 2018
HRD Singapore (blog) | 22-Jun-2018
As Singapore faces a strong hiring outlook in 2018 based on MOM’s latest labour report, HR professionals will remain busy and continue to be in demand...

Amazon blasted by labour group over China factory conditions
The Star Online | 11-Jun-2018
A watchdog group is calling on Amazon.com Inc to improve conditions for factory workers in China who make Echo speakers and Kindle e-readers, renewing...

WORLD

Labour Party boss resigns
Newshub | 22-Jun-2018
The Labour Party's general secretary Andrew Kirton has resigned. He will be taking a job at Air NZ. Newshub understands Mr Kirton had signalled ...

Fiji updates ILO on labour relations
Fiji Times | 04-Jun-2018
FIJI’S Minister for Employment, Productivity and Industrial Relations Jone Usamate paid a courtesy visit to the ILO Director-General Policy Deborah Gr...

See all previous Global Media Reports

New! LLB Bulletin #06/2018