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 HANIFF AZZAHARI v. TELEKOM MALAYSIA BERHAD7
INDUSTRIAL COURT, PENANG
DOMNIC SELVAM GNANAPRAGASAM
AWARD NO. 851 OF 2017 [CASE NO: 9/4-1022/13]
14 JUNE 201


KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA v. CDL HOTELS (MALAYSIA) SDN BHD (GRAND MILLENNIUM KUALA LUMPUR)
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
EMPLOYEES’ PANEL: RIDZWAN RAMA ABDULLAH
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 1148 OF 2017 [CASE NO: 3/2-579/15]
18 AUGUST 2017

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Article Highlight

HONG KONG: WHO OWNS EMPLOYEES’ WORK PRODUCT
Hong Kong
Intellectual property
Employees instructed to sign patent over to former employer
The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how the law can protect an employer’s rights in respect of such intellectual property from misappropriation by an employee after the employment relationship ends.

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IS YOUR NOTICE OF TERMINATION EFFECTIVE?
AUSTRALIA
Employment
Notice of dismissal must specify date when employment will end
An employee has been allowed to proceed with their unfair dismissal claim because an employer did not specify their end date in the letter of termination. In the recent case of Metropolitan Fire and Emergency Services Board v Garth Duggan [2017] FWCFB 4878 (Metropolitan Fire) the Full Bench of the Fair Work Commission (Commission) found that notice of dismissal must specify the date when the employment will end, or at least provide an 'ascertainable date' in order to comply with the Fair Work Act 2009.

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Global Media Reports

MALAYSIA

The origins of the labour movement in M’sia
Malaysiakini | 17-Nov-2017
FEATURE | The fact that the Malaysian trade unions movement played a significant role in the political, economic and sociocultural life of Malaysia ha...

Minister tells local authorities to delicense hotels with headscarf ban
Malay Mail Online | 15-Nov-2017
KUALA LUMPUR, Nov 15 — Any hotel that bars Muslim frontline workers from donning their headscarves should have their operating licences and permits re...

ASEAN

11 myths against foreign law firm entry countered (as presented at INBA-Ministry liberalisation conference)
Legally India | 17-Nov-2017
On Saturday, 11 November, the Indian National Bar Association (INBA) had held the “Bar Leadership Summit on Reforms in the Indian Legal Sector” confer...

Domestic helpers union stages rally outside Philippine consulate in Hong Kong over labour ban
South China Morning Post | 15-Nov-2017
On the third day of a three-week suspension of the overseas employment certificate by the Philippine government, an estimated 15,000 outbound Filipino...

WORLD

McDonnell says big business sees Labour as government in waiting
The Guardian | 17-Nov-2017
The shadow chancellor, John McDonnell, argued that big business now trusts Labour more than the government on the economy and Brexit as he launched hi...

Deliveroo riders 'self employed' rules Labour law body
Blasting News | 15-Nov-2017
#Deliveroo riders will not receive the benefits of full employment status like minimum wage and paid leave following a test case ruling by the Central...

See all previous Global Media Reports

New! LLB Bulletin #11/2017