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CHAPTER 10: EMPLOYMENT LAW :warning:, Introduction to Industrial…
CHAPTER 10: EMPLOYMENT LAW
:warning:
To provide the legislative framework for the system of IR.
Outline the rights and obligation of the parties at work place.
The rights and obligations of employers and employees.
The employment laws lay down provisions which affect all employees.
The laws clarify the rights of trade unions.
Children and Young Persons Act, 1996
Sabah Labor Ordinance
Sarawak Labour Ordinance
Wages Councils Act, 1947
Weekly Holidays Act, 1950
Pensions Act, 1980
Workers Minimum Standards of Housing and Amenities Act, 1990
Trade Unions Act, 1959
Social security laws
Safety laws
Law restricting employers from hiring non-citizens
Law relating to training of employees
The unit & function
Ministry of Human Resources
Responsible for administering and overseeing the industrial relations system.
Department of Labor, Peninsular Malaysia
Enforces the Employment Act, the Workmen's Compensation Act, the Wages Councils Act etc.
Department of Industrial Relations
Responsible for the functions of labor and industrial relations matter.
Department of Trade Unions
Give a central role in the growth of the trade union movement.
Department of Occupational Safety and Health
Responsible for the major task of implementing the Occupational Safety and Health Act and Factories and Machinery Act.
Employees Social Security Organization (SOCSO)
Insurance scheme for workers salary that below RM3000 in the event of a workplace accident
Employees Provident Fund (EPF)
Employee salary/pays deduction for the use after retirement.
Human Resource Development Corporation
Enforces the Human Resource Development Act in order to encourage employers to train their workers through a fund.
Industrial Court
Discuss cases related to disputes between employers and employees.
Covers all employees with no age relevant.
Works in Peninsular Malaysia only.
Works in private sector.
Wages are not more that RM1,500 per month.
Employee who works as a manual labor, supervisors in factory, drivers, mechanics, maid, gardener etc.
Employee that has a contract of service/contract of employment.
Covers all part timer, temporary and legally employed immigrant.
An agreement by individual to work for another in return for remuneration.
Made orally or written.
Employment Act requires:
more than one month contract of service to be in writing.
A clause of the manner to terminate service.
It is illegal for employer to restrict employees involve in trade union.
Wages:
Payment paid to employee.
Probation
: A trial period of employment before becoming full-time employee.
Working hours
: Maximum 8 hours per day but it is depend on the type of occupational.
Overtime
: Any work done in excess of the normal working hour.
Absence without permission
: absent from work without reasonable excuse.
Rest day
: employee is entitled to have one rest day per week.
Public holidays
: employee deserve a minimum of 10 public holidays where 4 days are mandatory.
Annual leave
: employee will be entitled for annual leave after 1years of service.
Sick leave
: employee may take a leave when they are sick.
Payment of medical bills
: Medical bills are paid by the company.
Notice of Termination
: notice to stop working.
Termination
: a contract of employment to end the job.
Retrenchment
: employer termination and got compensation paid due to economic downturns.
Termination Benefits
: benefits are given upon termination.
Introduction to Industrial Relations (IRA) and Employment Act (EA)
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Employment Legislation
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Law establishing the industrial relations framework
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Roles of Government in Industrial Relations
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Coverage of the Employment Act
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Individual Employment Contracts
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Basic Rights of Employee
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