Please enable JavaScript.
Coggle requires JavaScript to display documents.
CHAPTER 3 THE EMPLOYMENT RELATIONSHIP - Coggle Diagram
CHAPTER 3
THE EMPLOYMENT RELATIONSHIP
THE NATURE OF EMPLOYER-EMPLOYEE RELATIONSHIP
Employer/ Employment/ Employee
Offer/ Acceptance/ Reward
RIGHTS AND RESPONSIBILITIES ISSUES
Responsibilities
Obligations to perform certain tasks and duties
Rights
Belongs to a person by law, nature and tradition
Statutory Rights
Specific laws
Statutes passed by federal, states, and local government
Contractual Rights
Specific contracts between employer and employee
FEATURES OF AN EMPLOYMENT CONTRACT
Employment Contract
Contract of service
Employee
Contract for service
Self-employed person or contractor
CONTRACT FOR LABOUR
An agreement with specific terms & conditions between two or more persons or entities or between the owner & the contractor in which there is a promise to execute or do some work wherein all materials required for the construction are supplied by the owner.
S2 EA 1955 Contractor for labour
S33 EA 1955 Liability of principals and contractors for wages
FORMATION OF AN EMPLOYMENT CONTRACT
Express terms
Implied terms
Legislations
Collective Agreement
Employee Handbook
Common law duties
STATUTORY BREACH OF EMPLOYMENT CONTRACT
S13(2) of EA 1955
Either party of a contract of service may terminate such contract without notice
S15 of EA 1955
Istances where a contract of service is deemed broken
CONTRACTUAL BREACH OF EMPLOYMENT CONTRACT
Occur when there is non-observance/ compliance by either party of any term, whether implied or express, contained in the contract of service
RESOURSES FOR BREACH OF EMPLOYMENT CONTRACT
Initiate an action in the Civil Court
Lodge a complaint with the DGL under S69 of EA 1955
In cases of wrongful dismissal, make representations to the DGIR for reinstatement pursuant to S20(1) of IRA 1967
EMPLOYMENT ACT 1955 AND THE LABOUR ORDINANCES
EA 1955 which is applicable in Peninsular Malaysia and Federal Territory of Labuan
Sabah Labour Ordinance which is applicable in Sabah
Sarawak Labour Ordinance which is applicable in Sarawak
THE EMPLOYMENT RELATIONSHIP
IRA 1967
TUA 1959
RIGHTS OF WORKMEN AND EMPLOYERS
S4 of IRA 1967 : Right of employer and employees
PROHIBITION OF EMPLOYER
Section 5(1) of IRA
Section 59(1) of IRA
Section 5(2) of IRA
LEAVE ON TRADE UNION BUSINESS
Section 6 of IRA
PROHIBITION OF EMPLOYEE
Section 7 of IRA
COMMON DUTIES OF EMPLOYEES
The duty to indemnify
The duty to use reasonable skill and care in the work
The duty to obey lawful order
The duty to act in good faith and provide faithful services
The duty to render service personally
The duty in relation to inventions and industrial processes
The duty in relation to work during spare time
The duty to comply with Statutory Obligations
COMMON DUTIES OF EMPLOYERS
Duty to pay remuneration
The obligation to provide work
Duty to treat employees with respect and trust
Duty to give testimonials and references
Duty to comply with Statutory Obligations
TYPES OF EMPLOYEES
Management personnel
Probationers
Fixed term employees
Out-workers
Agency or contract workers
Apprentices
Pieceworkers
Casual employees