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

CHANG LEE MING v. NOVEL LINK (MALAYSIA) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
NOOR HAYATI MAT
AWARD NO. 886 OF 2021 [CASE NO: 16(7)(16)(7)(20)(11)/4-1743/18]
27 APRIL 2021


AHMAD RITZIALLI AHMAD ROSLI v. CASASL GOURMET SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1042 OF 2021 [CASE NO: 22/4-868/20]
18 MAY 2021

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Article Highlight

ITALIAN IT EMPLOYEE WINS UNFAIR DISMISSAL CLAIM AFTER STAYING IN ITALY DURING PANDEMIC
UK
Employment

Employee on annual leave in Italy during lockdown was unfairly dismissed
Home Jobs News Features Events Interviews Legal Updates Book Reviews Blog Subscribe Directory App Video & Podcast Editorial Portal Advertise Editorial Information Testimonials Members Login RSS Feed Legal Updates More Articles: Latest Popular Archives Italian IT employee wins unfair dismissal claim after staying in Italy during pandemic Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 21 July 2021 In the case of Montanaro v Lansafe an employment tribunal held that an employee who was on annual leave in Italy when lockdown was announced was automatically unfairly dismissed when his employer purported to dismiss him for failing to follow company procedures and taking unauthorised holiday. Mr Montanaro was employed by Lansafe and provided services to their client. Montanaro believed he had permission to take holiday for his sister’s wedding in Italy. However, Italy went into lockdown and UK government guidance stipulated 14 days’ isolation on return from Italy. Montanaro was told to keep his mobile and laptop on and wait for instructions. Lansafe then sent a letter to Montanaro in London (despite knowing he was in Italy) advising that he had been dismissed for failing to follow company procedures and taking unauthorised leave. Montanaro successfully claimed automatic unfair dismissal.

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M'SIAN WORKERS PREFER TO STAY PUT

EMPLOYMENT
They choose job security over job satisfaction in times of uncertainty: Survey
To have a job in these difficult economic times is a blessing, and Malaysians are well aware of that.
A large proportion of them who are still employed now are more likely than ever to stay put rather than seek their fortunes elsewhere.
This is to be expected given the sense of uncertainty that has led to many employers freezing recruitment, according to human resource manager Srithren Krishnan.
Compared with their counterparts in other parts of Asia, Malaysians are most likely now to cling to their current employment.

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Global Media Reports

MALAYSIA

Employers told to send workers for vaccination according to appointments
The Sun | Thursday, July 29, 2021
KUALA LUMPUR: Police have advised employers to send their workers, especially foreign workers, for their Covid-19 vaccination at the Kuala Lumpur ...

MDEC aims to boost Malaysia’s digital economy with DIF5 by generating RM50bn worth of investments, and more
Human Reosrce Online | Wednesday, July 21, 2021
The five-year plan is also targeting to provide 50,000 high-value jobs in the MSC, Malaysia’s high-technology business district. To enhance Malaysi...

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

Human trafficking: A modern-day slavery
India Legal | Sunday, July 18, 2021
Human trafficking is becoming an increasingly prevalent issue around the world as most of the victims of these crimes are young girls, women, and chil...

Adelle Blackett to lead review of Canada’s Employment Equity Act
McGill Reporter | Thursday, July 15, 2021
Adelle Blackett has been selected to Chair the Task Force to review Canada’s Employment Equity Act. Introduced in 1986, the Employment Equity Act prom...

See all previous Global Media Reports

New! LLB Bulletin #07/2021