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The Legal Environment In Malaysia, Profile - Coggle Diagram
The Legal Environment In Malaysia
DEFINITION
ACT are laws enacted by the parliament
ORDINANCES are laws enacted by the federal legislature
ENACTMENTS are laws enacted by State Legislative Assemblies
THE OCCUPATIONAL SAFETY & HEALTH
ACT 1994
to ensure that all parties at the workplace are
held equally responsible for safety & health
National Council for OSH
consisting between 12 & 15 members
appointed by the Minister of HR
tripartite which involved representive from employers, employees and the Ministry
THE INDUSTRIAL RELATION ACT 1967
to provide systems which will encourage
industrial harmony
enforced by the Industrial Relations
Department
protects the legitimate rights of employers &
employees and their trade unions.
THE WORKMEN COMPENSATION ACT
important to foreign workers in the country
except for domestic servants
if the worker dies, the entitlement is given to
their dependents
enforced by Labor Department
inform within 10 days of its occurance
THE EMPLOYEES SOACIAL SECURITY
ACT 1969
the principle" once in, always in"
SOCSO
employment injury insurance scheme
invalidity pension scheme
2 schemes
THE TRADE UNIONS ACT 1959
permitting workers to join trade unions
administreted by the Trade Unions
Department
MTUC
the oldest trade union federation in Malaysia
most representive workers organization in the
country
it has 3 main objectives
THE EMPLOYEES PROVIDENT FUND
to ensure workers have a funds available on
their retirement
membership
all employee are required to become a
member of the Fund
contributions
employers required under the law to provide
the employee with a pay slip
withdrawals
no withdrawals are permitted from the firstbiggest account until the employee reaches age of 55
CHILD & YOUNG PERSONS
(EMPLOYMENT) ACT
malaysian law doesnt prohibit children from
being employed
child - under age of 16
young person - 16-18 y/o
young people are not permitted to work
between 8.00p.m and 6.00 p.m.
they may not work > 7 hours in one day.
HUMAN RESOURCES DEVELOPMENT
BHD ACT 2001
to ensure employers conduct training for their workers so as to upgrade theirskills &
abilities
led to the establishment of the HRDF
THE EMPLOYMENT ACT 1955
Contract of service
an employee is employes under a contract of service also known as a
contract of employment
such agreement can be oral, in writing,
express or implied
2 types of contract
contract for service
employee is on independent contractor
no fix working hours, depend on the individual
no employment law
contract of service
agreement between & employee and
employer exist
fix working hours plan
tied with the employment law
sets minimum labor standards for workers
and seek to protect them from exploitation
Labor Court
is a governmental judiciary body which rules on labor or
employment-related matters and disputes
types of claim
annual leave
public holiday pay
overtime payments
maternity benefits
termination benefits
sick pay
Wages
defined as basic wages & all other payments
due under the contract of service
annual bonus, overtime payments,
commissions, and allowances
every employer shall pay to each of his employees not later than the 7th day after the last day of any wage period the wages, less
lawful deductions
the minimum wages order 2020 is RM 1200
per month for Malaysia
Working Hours and Holidays
rest day
shall be allowed in each week
hours of work
The period of time during which one engages
in paid work.
foreign workers
also entitled to same benefits as locals
any discrimination relating to employment matters, they can make a complaint at the Labor Department
Profile
Engku Muhammad Asymawi bin Engku Ameri @ Engku Azani
201220517
21B