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 AFIQ AHLAMI AZMAN lwn. SWM ENVIRONMENT SDN BHD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
ZULHELMY HASAN
AWARD NO. 311 TAHUN 2022 [NO. KES: 5/4-1742/20]
22 FEBRUARI 2022


WONG CHOY PHENG & ORS v. TAYLOR’S UNIVERSITY SDN BHD
(Consolidated with Cases No: 11/4-682/20, 12/4-916/20, and 14/4- 1434/20 vide Interim Award No. 19 of 2021 dated 4 January 2021)
INDUSTRIAL COURT, KUALA LUMPUR
REIHANA ABD RAZAK
AWARD NO. 342 OF 2022 [CASE NO: 6(15)(11)/4-681/20]
1 MARCH 2022

Read More

Article Highlight

WORKER TERMINATED OVER 'UNAPPROVED ABSENCES' TO GET COVID TEST

AUSTRALIA
Employment

Dismissal of worker due to unforeseen health situation was ‘harsh, unjust and unreasonable’
The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim of a worker who said he was unjustly terminated for missing work because he was required to get a COVID test and then isolate. The employer said that the worker was dismissed due to his “inability to follow established company procedures” regarding his “unapproved absences” from work. The case highlights how HR must ensure that the interests of the employer and the needs of employees must both be met.

Read More

3 WAYS HIRING THIS ‘UNDER-TAPPED POOL’ OF TALENT CAN BENEFIT ASIA’S WORKFORCE

MALAYSIA
Employment

‘Under-tapped pool’ of talent may be answer to firms looking to step up diversity-hiring practices
Businesses around the world have been facing labor shortages as many people quit their jobs — and Asia is no exception. A 2021 Mercer survey found that employers from Malaysia, Indonesia, the Philippines and Thailand observed a higher turnover rate, especially at the mid-career level, when compared with previous years. The Great Resignation isn’t ending any time soon, so how can employers in Asia continue to attract and retain talent?

Read More

Global Media Reports

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

Retired Hong Kong actor Frankie Ng in the news over low pay offered at his Shenzhen restaurant
Malay Mail | Monday, November 22, 2021
...

Australian fruit farmers face harvest headache
Malay Mail | Sunday, November 21, 2021
...

See all previous Global Media Reports

New! LLB Bulletin #05/2022