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

BALLESTER ANTOINE PHILIPPE LOUIS v. SONEPAR SOUTH EAST ASIA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ESWARY MAREE
AWARD NO. 173 OF 2023 [CASE NO: 14-4-601-21]
16 JANUARY 2023


 

KESATUAN KEBANGSAAN PEKERJA-PEKERJA PERUSAHAAN ALAT-ALAT PENGANGKUTAN DAN SEKUTU v. PEPS-JV (KEDAH) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
EMPLOYERS' PANEL: ALAN SUNIL NETTO E F NETTO
EMPLOYEES' PANEL: NASRIFAH SUKARNI
AWARD NO. 256 OF 2023 [CASE NO: 22(1)(18)-3-2632-20]
7 FEBRUARY 2023

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Article Highlight

ALMOST 13,000 CONTRACT DOCTORS TO BE GIVEN PERMANENT POSITIONS WITHIN THREE YEARS, SAYS PM
A total of 12,800 contract doctors are expected to be absorbed into permanent positions within the next three years, says the Prime Minister. Datuk Seri Anwar Ibrahim (PH-Tambun) said that the government through the Budget 2023 has allocated an amount of RM19.7bil in emolument, which saw an increase of RM3bil from previous years. “Of this RM3bil additional allocation, RM1.2bil was allocated for pay rise, RM600mil for contract appointment and RM1.1bil for absorption to permanent positions. “For 2023, it means that a total of RM1.7bil is allocated for recruiting more contract doctors and to absorb existing ones to permanent positions,” he said in response to Datuk Seri Madius Tangau (PH-Tuaran) in Dewan Rakyat on Tuesday (April 4). With the allocation in place, Anwar said that 12,800 contract doctors will be in permanent positions in three years.

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CAFE THAT HIRES 11-YEAR-OLDS SPARKS CRITICISM AMID PUSH FOR MINIMUM AGE FOR AUSTRALIAN WORKERS
A regional cafe which employs children as young as 11 to make jams and relishes has been criticised amid a push for a national minimum age for child workers, but others have defended the cafe against social media uproar. The federal government is considering a recommendation to make the minimum working age 15, or 13 for “light work”, with some exemptions for those under 13. On the weekend, the ABC reported on a cafe in country New South Wales where most of the 100 workers are school-age children. The Long Track Pantry in Jugiong, faced with a workforce shortage, hired children aged 11 and older to work in the factory kitchen and cafe.

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New! LLB Bulletin #04/2023