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

CHEAH AEI LING v. HKS INFRA & EARTHWORK SDN BHD
HIGH COURT MALAYA, KUALA LUMPUR
NADZARIN WOK NORDIN JC
[COMPANIES WINDING UP NO: WA-28NCC-31-01-2021]
15 MARCH 2021


KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN SEMENANJUNG MALAYSIA lwn. RAMADA PLAZA MELAKA (MTB REALTY SDN BHD)
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
RASIDAH CHIK
PANEL PEKERJA: RAJAMORGANAN NARUNAN
PANEL MAJIKAN: ROHIZAT BAHARUM
AWARD NO. 1137 TAHUN 2021 [NO. KES: 1/1-1026/20]
31 MEI 2021

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Article Highlight

CORONAVIRUS: CATHAY PACIFIC FIRES 'SMALL NUMBER' OF AIRCREW FOR NOT GETTING COVID-19 JABS
Employment
Airline had earlier started disciplinary proceedings against flight attendants and pilots who had refused to get vaccinated
Cathay Pacific has fired a “small number” of aircrew for failing to get Covid-19 jabs without a valid medical reason, following through on an ultimatum to review the employment of pilots and flight attendants still unvaccinated by August 31. “Today we decided to part company with a small number of aircrew who had decided not to receive either of the two available Covid-19 vaccines and had not provided proof of medical exemption,” Hong Kong’s largest airline said in a statement on Wednesday. The carrier did not disclose the number of staff involved. The coronavirus pandemic had a huge impact on operations, and global border controls had dramatically reduced the company’s ability to operate with unvaccinated aircrew, it noted.

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SINGAPORE'S NEW COVID-19 WORKPLACE RULES CHALLENGING, SAY BUSINESS LEADERS
Employment
Some business leaders said that the rules could be disruptive, particularly in the face of a manpower crunch.
Business leaders have expressed concerns over the new Covid-19 workplace management rules which, they say, could impact operations if fresh infections force their staff to work from home. Some said that the rules could be disruptive, particularly in the face of a manpower crunch. On Tuesday, the Ministry of Manpower issued an updated advisory on workplace management to curb the spread of Covid-19. Under the new guidelines, companies must implement a snap 14-day work-from-home (WFH) regimen if an employee tests positive for Covid-19 and was at the workplace in the last seven days. There will also be regular testing for staff who work onsite. While these new measures are needed to stem the rise of community cases, they will also take a toll on businesses, experts said. Singapore National Employers' Federation executive director Sim Gim Guan said: "The need to implement a snap 14-day WFH arrangement can be quite challenging because that is going to require a lot of communication, and could also be disruptive. So, companies and employees alike need to be a lot more agile and resilient."

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Global Media Reports

MALAYSIA

Only those fully vaccinated allowed to work in Johor manufacturing sector
NST | Sunday, September 5, 2021
JOHOR BARU: Only individuals who have completed the 28-day or 14-day window after one-dose or two-dose vaccination, respectively, will be allowed to w...

Clarify self-quarantine guidelines, bosses urge govt
NST | Sunday, September 5, 2021
As Malaysia prepares to switch from total containment in managing the Covid-19 pandemic to an endemic phase, clear guidelines for self-quarantine are ...

ASEAN

As Thailand further tightens COVID-19 restrictions, a budget of 13,500mn Baht approved to help workers
Human Resource Online | Thursday, July 22, 2021
Announcement no.28 sees the nation’s movement restrictions tightened in 13 provinces from 20 July to 2 August 2021. A total of 10 provinces will, ther...

1 in 5 youth surveyed in Asia want to 'learn and be challenged' at their first job
Human Resource Online | Monday, July 19, 2021
It was also found that beyond technical and vocational skills, 45% of youths surveyed view interpersonal communications skills as key. When evaluat...

WORLD

California Senate Passes Bill Reining In Amazon Labor Model
The New York Times | Wednesday, September 8, 2021
The bill would curb production quotas at Amazon and other companies that critics say are excessive and force workers to forgo bathroom breaks....

"Foreign" doctors in Sweden facing discrimination
NST | Saturday, August 28, 2021
STOCKHOLM: A Swedish healthcare reform more than a decade ago allowing patients to choose their own doctor has unexpectedly led to widespread discrimi...

See all previous Global Media Reports

New! LLB Bulletin #09/2021