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

LIN KAI LAM v. L & W CONCRETE WORKS SDN BHD & ANOTHER CASE
INDUSTRIAL COURT, KUALA LUMPUR
ANDERSEN ONG WAI LEONG
AWARD NO. 120 OF 2020 [CASE NO: 19/4-648/18]
13 JANUARY 2020


NG SEOK MAY @ ANGIE SABRINA v. MAXIS BROADBAND SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
AWARD NO. 122 OF 2020 [CASE NO: 3/4-2921/18]
13 JANUARY 2020

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Article Highlight

LOGISTICS COMPANY FIRST TO BE FINED FOR MAKING FALSE DECLARATION ON FAIR HIRING
SINGAPORE
Employment
Logistics company fined S$18k, banned from hiring foreign employees for two years
A logistics company has been fined S$18,000 for falsely declaring in its work pass application that it had considered local candidates fairly in order to hire a foreigner for a job position. Ti2 Logistics was also banned from hiring foreign employees for two years, the Ministry of Manpower (MOM) said in a news release on Tuesday (Mar 10). The work pass of the foreign employee hired for the position has been revoked. The company’s sole director Francis Chiang, who is in charge of recruitment, pleaded guilty to one charge under the Employment of Foreign Manpower Act.

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QANTAS PAYS BACK MORE THAN $7 MILLION IN WAGES AND ENTITLEMENTS TO STAFF UNDERPAID FOR EIGHT YEARS
AUSTRALIA
Employment
Qantas underpaid hundreds of staff by A$7 million
Qantas has agreed to pay back more than $7 million in wages and entitlements to head office, corporate and administrative staff who were underpaid for eight years. Key points: The airline underpaid some head office staff between June 2011 and June 2019 The workers were paid under individual contracts instead of under an award The backpay will be in addition to a $1,000 "contrition" payment per worker The announcement was made today by the Fair Work Ombudsman (FWO) which investigated the underpayments after Qantas self-reported the lapse. The FWO said Qantas had already paid out $7.1 million to 638 employees who were underpaid between June 2011 and June 2019. It is the latest in a long line of underpayment cases involving large and small employers including the likes of Woolworths, Commonwealth Bank, Rockpool Dining Group and the ABC.

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Global Media Reports

MALAYSIA

Meeting the requirements for wage subsidy
The Star | 03-Apr-2020
THE following are some pointers on wage subsidy as announced by the government recently. Q: What is wage subsidy?...

Minister: Public can travel more than 10km if no nearby hospitals, shops
Malaysia Kini | 03-Apr-2020
CORONAVIRUS | Defence Minister Ismail Sabri Yaakob has clarified there are exceptions for the 10km travel restriction under the movement control order...

ASEAN

Labour urges UK government to publish findings of 2016 pandemic drill
The Guardian | 03-Apr-2020
Labour has called on ministers to publish the suppressed conclusions of a cross-government pandemic drill that took place in 2016, which accurately pr...

Stricter rules at foreign worker dormitories to enforce safe distancing
The Straits Times | 03-Apr-2020
Dormitory operators must put in place more measures to curb the spread of Covid-19. These include preventing residents from visiting blocks they do...

WORLD

Employment firm: ‘Essential’ businesses busy, still hiring
Adirondack Daily Enterprise | 03-Apr-2020
PLATTSBURGH — The continued COVID-19 pandemic has caused a pause in some industries, but a local staffing agency says there’s more opportunity out the...

Amazon Exec Called Fired Worker ‘Not Smart’ in Leaked Memo
Bloomberg | 03-Apr-2020
A senior Amazon.com Inc. executive called a fired Staten Island warehouse worker “not smart or articulate” in internal discussions about how the compa...

See all previous Global Media Reports



New! LLB Bulletin #03/2020