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

NOR AWALLIZAN DOLLAH v. ZURICH GENERAL INSURANCE MALAYSIA BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1784 OF 2022 [CASE NO: 22/4-1670/21]
15 AUGUST 2022


ROS AZAMAN OTHMAN v. NAMTECH PRIMA SDN BHD (Formerly known as Tokheim Guardian Venture Sdn Bhd)
INDUSTRIAL COURT, KUALA LUMPUR
RAJESWARI KARUPIAH
AWARD NO. 1964 OF 2022 [CASE NO: 20/4-91/19]
5 SEPTEMBER 2022

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Article Highlight

LABOUR MARKET CONTINUES RECOVERY, NUMBER OF UNEMPLOYED DIPS TO 600,900

Employment
The labour market is on a steady path to recovery with the unemployment rate in the country showing a downward trend with only 600,900 persons in November 2022, compared with 602,000 in October 2022, said the Department of Statistics Malaysia (DOSM). Chief statistician Datuk Seri Dr Mohd Uzir Mahidin in a statement on Tuesday (Jan 10) said the unemployment rate remained at 3.6%, claiming the positive outlook was because of the development of current economic activities in the country.  “In November 2022, the labour market further strengthened in line with the development of current economic activities. Thus, the labour force situation continued to expand during the month, with an increase in the number of employed persons, while the number of unemployed persons dropped,” he said.

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PROMPT ACTION TO BRING IN FOREIGN WORKERS EASING BOTTLENECKS FACED BY BUSINESSES, SAYS MALAYSIAN EMPLOYERS FEDERATION

Employment
The prompt action to bring 373,459 foreign workers into the country via visa by reference based on employers’ applications from January to Dec 4, 2022 has eased the bottlenecks faced by businesses in their daily operations, and assist them to meet their business requirements. The said figures are part of the overall 403,869 applications received by the Immigration Department. Malaysian Employers Federation (MEF) president Datuk Dr Syed Hussain Syed Husman said the assurance given by Home Minister Datuk Seri Saifuddin Nasution Ismail — that the remaining 30,410 employers’ applications for foreign workers will be processed and be considered for approval within seven working days — is indeed very assuring. “It shows Saifuddin’s seriousness in addressing the issues faced by employers due to shortages of foreign labour.”

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New! LLB Bulletin #12/2022