TNI
TNI is affiliated with Pebble Hills University, Ca. USA (PHU) and all our training courses has received recognition by PHU and therefore comes with a certification awarded by PHU. read more

PROGRAM : The Employment Act 1955 (with 2012 amendments)

(2 Days Workshop)

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COURSE FEES

In-House Course Fee : RM3,500.00 per day (Max: 20 pax)
Inhouse Request Form
Time   : 9am – 5 pm daily  
Venue : In House  
Remarks:

Fees include course manuals, hand-outs, certificate of achievement and the trainer. The client is expected to provide 2 tea-breaks and 1 lunch for each day of training.

(NB: The trainer’s accommodation, meals and traveling expenses are for the client’s account if training is conducted outside the Klang Valley)

 

 

Public Course fee: RM1,6600.00 per pax
(Fees are inclusive of tea breaks, lunch, course materials, and certificate of attendance)
TNI is affiliated with Pebble Hills University, USA (PHU) and this training course has been recognised by them and therefore on completion of this training course all participants will receive a “CERTIFICATE IN THE EMPLOYMENT ACT – 1955” awarded by PHU.
Public Course Registration
Date/s : 20 & 21 August 2014  
Time   : 9am – 5 pm daily  
Venue : Crystal Crown Hotel, Jalan Utara, Petaling Jaya, Selangor, Malaysia  
Remarks: 5% EARLY BIRD DISCOUNT BY: 2 weeks before the course commencement date. NB: A cancellation fee of 50% on the course fee is applicable if TNI is notified of cancellation(s) less than 3 days prior to the commence date of the course. Terms & Conditions apply. TNI RESERVES THE RIGHT TO CHANGE THE VENUE AND/OR THE TRAINER IF AN EMERGENCY ARISES, WITHOUT PRIOR NOTIFICATION.  

 

INTRODUCTION

The Employment Act 1955 (EA) forms the basis of employment contracts between employer and employee. It covers the minimum terms and conditions of employment for employees who are covered under the EA. Employers are free to provide better terms but a penalty awaits organizations that provide inferior terms.

At the same time it also provides some obligations and limitations from both employer and employee particularly in terms of work hours and OT and the administration of benefits.

The EA also serves as a guideline for managing employees who are not covered under the Employment Act 1955

About the Programme
This is a very detailed comprehensive workshop programme. The programme focuses on understanding who is covered under the EA; the benefits applicable to them while they are in the organization and also on termination; and the rights, obligations and limitations of both employers and employees.

Why Choose This Programme?
While this is a fundamental piece of legislation which every manager should know, it also poses one of the greatest challenges for HR specialists and other managers to understand as it is not written for the non-legal layman. Wrong interpretation and administration of the contract or EA by ‘people managers’ leads to ‘people’ problems in the organization and also leads to legal consequences.

With this in mind this programme is delivered in a simple easy-to-understand manner with the minimum use of legal jargon. Unavoidable legal jargons are also explained in a simple non-legal way. There are also plenty of workshop mini-case exercises for participants to practice on and become proficient.

 

LEARNING OUTCOMES

At the end of the programme, participants are able to:

  • Identify who is protected under the EA and who is not
  • Identify ‘contract of service’ and ‘contract for service’
  • Draw up employment contracts correctly for full-time employees, part-timers and children and young persons
  • Correctly administer and compute the various employee benefits according to EA using the correct legal formula: annual leave, sick leave, maternity leave, PH, rest days, etc
  • Compute unpaid leave and early leaving or late joining of employment in the month
  • Decide who is entitled to and compute retrenchment or lay-off or termination benefits
  • Know under what circumstances employer or employee does not have to give notice of termination or resignation
  • Provide adequate legal benefits to part-timers, children and young persons
  • Administer sexual harassment procedures

WHO SHOULD ATTEND

  • HODs
  • Managers
  • Executives

CONTENT

  1. What is the Employment Acts & Its Amendments?
    1. Purpose of the Employment Act?
    2. Who is covered under the Act?
    3. Categories of employees who are entitled to all benefits including OT under the EA even though they exceed the salary limits
    4. Definition of manual worker

  2. Employment Contracts
    1. Fixed term contracts
    2. Contract of Service
    3. Contract for Service
    4. Registers
    5. Penalties

  3. Normal Hours and OT
    1. Normal working hours & days
    2. Shift work
    3. Overtime Rates
    4. When must the Duty Roster be prepared?
    5. Penalties

  4. Annual Leave
    1. Annual Leave entitlement
    2. Conditions for encashment of annual leave
    3. Conditions for carry forward of annual leave
    4. Can an employee take annual leave during probation?

  5. PH / Rest Days & OT
    1. Rest Days entitlement
    2. Public holidays entitlement
    3. What is the rate for work done on a rest day which is also a PH?
    4. Rate for work done during normal hours on PH and Rest Days
    5. OT Rate for work done on PH and Rest Days
    6. Penalties

  6. Sick Leave Administration
    1. Hospitalisation & Non-hospitalization Leave entitlement
    2. What do you mean by ‘60 days of sick leave in the aggregate’?
    3. Conditions for sick leave
    4. Can an employee take sick leave during probation?
    5. Can employees go to non-panel doctors?
    6. Penalties

  7. Maternity Protection
    1. Maternity protection for current / deceased / ex-employees
    2. Notice period to be given by employee
    3. Commencement of maternity leave
    4. Unpaid maternity leave
    5. Maternity Leave entitlement
    6. 2 main conditions for Maternity Allowance
    7. Is a probationer entitled to maternity leave?
    8. Register
    9. Penalties

  8. Wages Administration
    1. Legal process for payment of wages by cheques or by crediting to bank account
    2. Authorised deductions
    3. Responsibility for wages by principals and contractors
    4. Responsibility for wages on closing of business enterprise
    5. Limit on deductions
    6. When is there no limit on deductions?
    7. Payment date
    8. Content of Pay Slip
    9. Records and registers
    10. Penalties

  9. Types of Disciplinary Action
    1. Suspension period before and after DI
    2. Full pay, ½ pay or no pay during suspension?
    3. Types of disciplinary action

  10. Termination / Retrenchment
    1. Notice period for Termination / lay-off
    2. Under what situations notice of termination is not required?
    3. Situations when employers cannot terminate
    4. Rate of termination / retrenchment benefits payment
    5. Payment date
    6. Records and registers
    7. Penalties

  11. Employment (Part-time Employees) Regulations 2010
    1. Who is a part-timer?
    2. Normal hours and days for part-timers
    3. Benefits
    4. OT payments

  12. Employment of Children and Young Persons Act 1966
    1. Definitions of ‘child’ and ‘young person’
    2. Work hours and days
    3. Prohibition of work
    4. Limitation of obligations and liabilities of employer vs child and young person

  13. Harassment and sexual harassment
    1. Meaning of harassment
    2. Dealing with sexual harassment at the workplace
    3. Who is covered under this act?

  14. Company Inspections and DG’s Authority
    1. Manner of inspection
    2. Responsibility of employer and employee
    3. Special powers of DG
    4. Documents to be presented by DG
    5. Documents to be given to DG

 

Day 1

9.00 - 10.30 am
Workshop 1: Introduction & Overview
Workshop 2: Employment Contracts

10.30 – 10.45 am

TEA BREAK

10.45 – 1.00 pm
Workshop 3: Normal Hours and OT
Workshop 4: Rest Days and OT

1.00 – 2.00 pm
LUNCH BREAK

2.00 – 3.30 pm
Workshop 5: Annual Leave / PH

3.30 – 3.45 pm
TEA BREAK

3.30 – 5.00 pm
Workshop 6: Sick Leave Administration

Day 2

9.00 – 10.30 am
Workshop 7: Maternity Protection

10.30 – 10.45 am
TEA BREAK

10.45 – 1.00 pm
Workshop 8: Wages Administration
Workshop 9: Types of Disciplinary Action
Workshop 10: Termination / Retrenchment

1.00 – 2.00 pm
LUNCH BREAK

2.00 – 3.30 pm
Workshop 11: Employment (Part-time Employees) Regulations 2010
Workshop 12: Children and Young Persons Act 1966

3.30 – 3.45 pm
TEA BREAK

3.45 – 5.00 pm
Workshop 13: Sexual Harassment
DG’s Authority

 

TRAINING METHODOLOGY

Presentations, interactive discussions, quizzes, workshops, exercises, situational case-studies

COURSE TRAINER

Dr. Balan Dass
PhD, CPT, CHRP

Balan Dass has attained a PhD in Adult and Continuing Education, from Universiti Putra Malaysia, a Master in Education majoring in Training and Development from the University of Sheffield, UK, a Post-Graduate Diploma in Human Resource Management from the University of Humberside, UK.  He is also a graduate and a professional member of IPD, UK. Locally he is a professional member of Malaysian Institute of Management, Life member and National Deputy President of Malaysian Institute of Human Resource Management. Balan Dass is the academic/certification director for OUM-IPD-MIHRM Diploma collaboration. Dr Balan Dass is a Certified Human Resource Practitioner, Certified in Training Evaluation from PSMB and Certified Professional Trainer from Malaysian Institute of Management and PSMB


Balan has worked for SME and MNC before setting up his own human resource and training practice. He worked as an Operations Executive  at Woo Hing Brothers, the acclaimed watch shop in Malaysia in the late 1970’s. Later, he joined an advertising agency as their Account Executive. In the 1980’s he joined a legal firm as their Property Executive. With such experiences in people and operation management, he later joined SK Brothers Realty as their Human Resource Manager. This was where, he gained hands-on experience. He was in charge of more than 300 employees with duties ranging from recruitment to termination, training and development, employee relations, domestic inquiry. He would have trained about 3,000 real estate negotiators for the real estate industry. He had attended the National Association of Realtors Convention in Los Angeles, USA, Property Management Convention in Perth, Australia. These conventions provided insights into training and development which was later incorporated into the real estate training programs conducted by him in Malaysia. Balan was also attached with a Swedish company dealing in white products, as their Training Manager. He ran the whole spectrum of training for their employees, which included shop floor operatives, executives and managers. He had personally commissioned a video shoot on operations cleaning for the cleaners which is still being used. He ran supervisory, executive and management development programs at the Electrolux Business School. He was invited back by SK Brothers to work as the CEO and  Principal of Skills and Management Institute of SKB. It was here he designed tertiary programs for the real estate, construction and property industry. He was responsible for initiating a joint venture for the Diploma and later the Degree programs with John Moores University, construction related program with Teeside Tertiary College, UK, and the Real Estate Institute of Victoria, Australia. During his tenure, he also developed and organized convention, boot camps for the real estate agents. He can be mentioned as the pioneer who created a systematic training curriculum for the real estate industry in Malaysia.


Balan also teaches part-time at tertiary level which includes diploma, bachelors and masters programs. He has taught for the following universities; Herriot-Watt, Sunderland, Charles Stuart, South Queensland, Preston, Open University, Excel College, Entrepreneur Institute of Australia, University Malaya Extension Studies, University Technology Malaysia, TRACE Ltd, UK, IPD, UK. Malaysian Institute of Human Resource Management Malaysian Society of Training and Development. He also teaches strategy and change at Unity University College-University of Ballarat, Australia.


He is also the senior lecturer for OUM-IPD and a senior consultant for the school of lifelong learning at OUM-IPD. His areas of specialization include organizational behavior, organizational development, leadership development, communication, change management, industrial relations, people management, management development, franchising and real estate management. He has taught Strategic Management to a public concern in Sudan and for visiting Sudanese participants and also participants from the Middle East on subjects like leadership, change management, human resource management and other subjects. Dr Balan Dass also teaches Strategy and Change module at MBA level to some local and foreign universities. Currently Dr Balan Dass is also involved with the Certified Professional Trainer program running over 18 days with MIM and currently running the transformation initiative program for GLCs.


In 1989, Dr Balan Dass has been certified by Dr Scott Parry of Training House USA, as a “Catalytic Instructor.” He is also an accredited trainer for TEAM Management Systems, UK, The Open College, UK, The Expert Manager, UK, DTS International Australia, Teeside Tertiary College, UK. Recently he was appointed as the professional advisor by the Chartered Institute of Personal and Development, UK., to monitor the quality assurance locally. Furthermore, he holds the PSMB Trainer certificate and the Certificate IV in Training and Workplace Assessment from Australian National Training Authority. Recently BalanDass completed the Certified Evaluation program organized by PSMB and also the Certified Professional Trainer with Malaysian Institute of Management.


Currently Balan is a Consultant with Applied Behavioral Academy Sdn Bhd, specializing in personality profiling, management development programs, executive development programs, supervisory development programs, change management, leadership development and change, train-the-trainer series, team development programs. He also undertakes human resource and training consultancies like; setting up a human resource department, conducting a training need analysis, formulating a training plan, advise on change issues, problem employees and domestic inquiries, counseling and coaching and other aspects on education, human resource and training. He has facilitated numerous programs in Singapore, India, Spain and Australia for the development of youths and young executives, enhancing their professional standing with the various innovative programs designed and delivered by him.


Balan has also presented papers for universities, business forums and community clubs on topical topics. His simple belief is that; give people what they want and never expect anything. Currently, he writes for other business and HR magazines and have articles appeared in the said journals and magazines. Balan Dass has been an active member of the speakers club, Toasmasters International, gaining a Competent Toastmaster (CTM) Award. He also held positions in the district as the District Governor for division C, judged various speaking contest in Malaysia, Singapore and Indonesia. He also contributed towards the program on youth development under Toastmasters International. As a Rotary member for 13 years, Balan held  many leadership positions in District 3300 and has received many awards for his contribution towards society. Balan Dass has conducted leadership programs, as a facilitator for Rotary International, in India, Brisbane, Australia, Barcelona, Spain, and California USA. He has conducted professional training programs for companies in Hong Kong, Indonesia, Sudan, Saudi Arabia, India and other countries.


In the aspect of BPR, Balan Dass, has turned around a dwindling real estate, company by reengineering the training and staff turnover, and becoming the best real estate company with 5oo employees. In the aspect of employees not knowing their jobs or tasks, Balan Dass reengineered the whole HR department, inclusive of writing the policy manuals right up to performance management system in an oil and gas company, and he also consulted for the Ministry of Youth and Sports.


Balan Dass is now developing long term competency development programs for companies in the areas of supervisory development, executive development and management development programs. In these said areas where participants are able to journey with the facilitators for a number of modules with work base projects given through action research, and the same is assessed and evaluated for the management. Via these programs learning and transferring of knowledge and skills takes place. On a long run the certificates given provides credits for tertiary entry to undertake diplomas or a master program. Dr Balan Dass is also involved in Rotary International, a world service and community organization. He served in the district at various capacity and also has been nominated as a leader to train youths at the international conference. Through these programs, Dr Balan Dass can help organizations in their CSR programs.

Some of the organizations which have used his services are:
Telecoms Malaysia Bhd, Tenaga Nasional Bhd, Agro Bank IJM Properties, KTMB, BERNAS, KPJ Medical, STAR Publication Bhd, Proton Bhd, Shangri-la Hotel, Sunway Bhd and others.