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

ABDUL MUTALIB MOHAMAD v. SWM GREENTECH SDN BHD
INDUSTRIAL COURT, JOHOR
SUMATHI MURUGIAH
AWARD NO. 43 OF 2021 [CASE NO: 16/4-1646/19]
7 JANUARY 2021

MOHD HAFIZUL ABDUL RAHIM v. MALAYSIA AIRLINES BERHAD
INDUSTRIAL COURT, JOHOR
SUMATHI MURUGIAH
AWARD NO. 220 OF 2021 [CASE NO: 16/4-2134/19]
10 FEBRUARY 2021

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Article Highlight

OFFICE MANAGER DENIED REMOTE WORKING BECAUSE BOSS ‘KNEW WHAT WAS BEST FOR HER’ AWARDED £60K AT TRIBUNAL
UK
Employment
Manager forbidden to work remotely from son's hospital bedside was discriminated against
An office manager was discriminated against after she was told she was not allowed to work remotely from her son’s hospital bedside as he underwent treatment for cancer, a tribunal has ruled. The Leeds employment tribunal found that Lorraine Hodgson, who worked for Martin Design Associates until her resignation in July 2019, was directly discriminated against on the grounds of sex and was constructively unfairly dismissed after her boss denied her remote working request in part because of “his belief that he knew best for the claimant”.

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US$167,000 FOR BREACHING NON-COMPETE PACT AFTER JOINING TIKTOK OWNER BYTEDANCE
ASIA
Technology
Tencent wins case against ex-employee who breached non-compete agreement
A former employee of Tencent Holdings has been slapped by a Beijing court with a fine totalling 1.1 million yuan (US$167,000) for breaking a non-compete agreement with the company after he joined TikTok -owner ByteDance , heating up the rivalry between the two Chinese internet giants. The Beijing No 1 Intermediate People’s Court on March 22 issued a ruling against Chen Shuo, who worked as a senior editor in Tencent’s content platform department for two-and-a-half years, for breaking the six-month non-compete clause in his employment contract with the Shenzhen-based company, according to court documents published on the official database China Judgements Online on March 31.

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Global Media Reports

MALAYSIA

MP, recruitment agency team up to provide job matching service
The Star | 22-Apr-2021
THE Lembah Pantai parliamentary office is collaborating with a recruitment agency to help the unemployed find suitable jobs. Its MP Fahmi Fadzil (p...

Syndicate offering online purchasing agent job busted, nine arrested
The Star | 22-Apr-2021
KUALA LUMPUR: A syndicate offering job-seekers a commission of about 8% as an “online purchasing agent” was busted with the arrest of nine individuals...

ASEAN

Why job creation won’t solve Hong Kong’s unemployment problem
SCMP | 22-Apr-2021
The underlying issue in youth employment, exposed and exacerbated by the pandemic, is the mismatch between what the economy needs and what the educati...

Willowglen bags RM7.84mil PowerGas job in Singapore
The Star | 22-Apr-2021
KUALA LUMPUR: Willowglen MSC Bhd it has won a RM7.84mil maintenance contract awarded PowerGas Ltd Singapore....

WORLD

More than 80% of workers seek new skills to make them job-ready in a post-Covid world
HRNews | 22-Apr-2021
Four out of five workers (82%) are keen to learn new skills to give themselves the best chance of job success when the UK emerges from the Covid-19 pa...

Help, I’m About To Lose My Job—Five Steps To Jumpstart Your Job Search
Forbes | 22-Apr-2021
You have a feeling that your job may be in trouble. Now what? Before you panic, these five steps will help you get on track and compile a plan....

See all previous Global Media Reports

New! LLB Bulletin #04/2021