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

MOHD YUSOFF KAMARUDDIN lwn. SYARIKAT TAKAFUL MALAYSIA BERHAD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
JAMIL ARIPIN
AWARD NO. 686 TAHUN 2018 [NO. KES: 14/4-29/15]
29 MAC 2018


TEOH JEN LEE v. SHARP-ROXY SALES & SERVICES CO (M) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 702 OF 2018 [CASE NO: 19/4-1128/13]
30 MARCH 2018

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Article Highlight

SACKING BY PHONE, TEXT OR EMAIL ONLY ACCEPTABLE IN ‘RARE CIRCUMSTANCES’, FAIR WORK RULES
AUSTRALIA
Employment
Beauty salon worker should have been sacked face-to-face
Employees should only be sacked by phone, text or email in “rare circumstances” such as when there is a genuine risk of physical violence, the Fair Work Commission has warned. The industrial relations tribunal made the comment in throwing out an unfair dismissal case, finding in favour of the employer but “making one criticism of the process”. That was despite the employer complying with the Small Business Unfair Dismissal Code laid out by the workplace cop, the Fair Work Ombudsman, which makes no requirement for employees to be let go face-to-face.

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FLYING INSTRUCTOR WHOSE BOSS THREW CUP OF TEA AT HIM AWARDED £19,000
UK
Employment
Flying instructor whose boss threw tea at him was unfairly and wrongfully dismissed
A flying instructor whose boss threw a cup of tea at him in a dispute over an aircraft has been awarded more than £19,000, after an employment tribunal found he was unfairly and wrongfully dismissed. Phil Jones worked as the only fixed wing flying instructor at Flylight Airsports in Northamptonshire from 2006 up to his dismissal in 2017. He left his job following an argument that erupted in August 2017, after discovering that the aircraft he usually flew had not been serviced despite two colleagues having previously said they would do so.

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Global Media Reports

MALAYSIA

Malaysia may miss deadline to ratify CPTPP — Miti
The Edge Markets MY | 11-Jul-2018
KUALA LUMPUR: Malaysia may not be able to meet the February 2019 ratification deadline for the Comprehensive and Progressive Agreement for Trans-Pacif...

Paying lip service to child marriage
Free Malaysia Today | 11-Jul-2018
There are many reasons why a child or a young adult is not allowed to do certain things. In Europe, for example, children are not allowed to purchase ...

ASEAN

'Thailand 4.0': No Security in the Growing Thai Gig Economy
The News Lens International | 11-Jul-2018
Thailand’s junta has expressed interest in promoting platform economies—such as Uber and Airbnb—as part of its “Thailand 4.0” digital economy strategy...

Action will be taken against employers who misclassify employees as executives to avoid paying overtime, MOM declares
The Online Citizen | 04-Jul-2018
The Ministry of Manpower (MOM) has made a declaration against employers who misclassify employees as executives or managers in order to avoid paying t...

World

Salary Payment in Tokens: German Labour Law Considerations
The National Law Review | 11-Jul-2018
Tokens are sets of data assigned to a certain user on a distributed ledger based network. A company can create tokens by initial coin offerings (ICOs)...

WORLD

Over 2,000 expat workers arrested for violating labour laws in Oman
Times of Oman | 11-Jul-2018
Muscat: A total of 2,324 expat workers have been arrested in the governorate of North Batinah in the first half of 2018, the Royal Oman Police (ROP) h...

See all previous Global Media Reports

New! LLB Bulletin #07/2018