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

SHAHARUL MIZA MUHAMAD v. SERBA DINAMIK INTERNATIONAL LTD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 1179 OF 2021 [CASE NO: 3/4-756/20]
19 JULY 2021


ZAINOL RASHID NORDDIN v. MALAYSIA BUILDING SOCIETY BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
NOOR RUWENA MOHD NURDIN
EMPLOYEES’ PANEL: ALIAS ABDULLAH
EMPLOYERS’ PANEL: ROHIZAT BAHARUM
AWARD NO. 1225 OF 2021 [CASE NO: 2(12)/6-610/20]
16 AUGUST 2021

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Article Highlight

THE BIG READ: TOXIC WORKPLACES MORE COMMON THAN WE THINK BUT WHEN DO WE SAY ENOUGH IS ENOUGH?
SINGAPORE
Employment
Signs to watch for in identifying a toxic workplace culture
John, a 26-year-old educator with a well-known enrichment centre here, works for a boss who is highly educated and well regarded by his peers and clients alike for his expertise. Advertisement But within the company, the boss — a high achiever by any standards with a glittering resume most can only dream of — is one who believes in rule by terror. Before anyone could get a grip of what is going on, the boss would from time to time bombard staff with up to over a hundred text messages at one go in the company’s WhatsApp chat group, usually targeted at one employee. Derogatory, expletive-laden messages, typed entirely in caps — which John showed to TODAY — are often sent late into the night or during meal times, in rants that would, at times, exceed an hour. They included phrases such as “human trash”, “your mother should have had an abortion” and “you deserve to die”.

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APEX COURT UPHOLDS REINSTATEMENT OF PTD OFFICER SACKED FOR ALLEGED ANTI-GOVT FACEBOOK COMMENT
MALAYSIA
Employment
Reinstatement of officer sacked for Facebook comment upheld
The reinstatement of an Administration and Diplomatic (PTD) officer for his alleged adverse comment about the government on former premier Datuk Seri Najib Razak's Facebook post was upheld on Monday. This follows a three-member Federal Court bench led by Court of Appeal president Tan Sri Rohana Yusof having dismissed the appeal by the federal government and the Public Services Commission (PSC) over the appellate court's decision last November that ordered his reinstatement. The apex court dismissed the government's application for leave (permission) for the merits of the PSC and government's appeal to be heard. PTD officer Nazrul Imran Mohd Nor's counsel Surendra Ananth, who appeared with Phoebe Loi, confirmed the decision with theedgemarkets.com.

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Global Media Reports

MALAYSIA

5 experiences that drive how satisfied employees are with their HR departments
Human Resource Online | Wednesday, October 20, 2021
Employees who have a single point of contact with HR are twice as likely to say HR promotes value than those who have multiple HR contacts. How access...

Look into delayed wages for security guards, education ministry told
FMT | Wednesday, October 20, 2021
PETALING JAYA: The Government Contract Workers’ Network (JPKK) has urged the education ministry to intervene over delayed wages for security guards. ...

ASEAN

Police, fair employment watchdog looking into allegations against NOC's Sylvia Chan
straitstimes.com | Friday, October 22, 2021
The police and the fair employment watchdog are looking into allegations made online against Night Owl Cinematics' (NOC) co-founder Sylvia Chan. Pa...

PSP's foreign talent policy proposals will hurt Singapore’s competitiveness, drive costs up, say SMEs, economists
Malay Mail | Monday, September 20, 2021
SINGAPORE, Sept 20 — The Progress Singapore Party’s (PSP) proposals on foreign talent policy and ways to reduce competition for jobs will hurt the cou...

WORLD

Highest labour law court in Germany acknowledges recoverability of internal investigation costs
JD Supra | Wednesday, October 20, 2021
Companies may recover from their employees the cost of internal investigations conducted by external law firms, according to a decision by the German ...

'Thousands' of property experts lining up to sue online estate agents Purplebricks and Yopa for 'tens of millions' over employment row
thisismoney.co.uk | Wednesday, October 20, 2021
Thousands of formerly self-employed workers are preparing a bid to sue online estate agents including Purplebricks and Yopa, amid claims that they sho...

See all previous Global Media Reports

New! LLB Bulletin #10/2021