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

MUHAMMAD HANIFF AZZAHARI v. TELEKOM MALAYSIA BERHAD7
INDUSTRIAL COURT, PENANG
DOMNIC SELVAM GNANAPRAGASAM
AWARD NO. 851 OF 2017 [CASE NO: 9/4-1022/13]
14 JUNE 2017


KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA v. CDL HOTELS (MALAYSIA) SDN BHD (GRAND MILLENNIUM KUALA LUMPUR)
INDUSTRIAL COURT, KUALA LUMPUR
ANNA NG FUI CHOO
EMPLOYEES’ PANEL: RIDZWAN RAMA ABDULLAH
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 1148 OF 2017 [CASE NO: 3/2-579/15]
18 AUGUST 2017

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Article Highlight

HUMAN RESOURCES MANAGER RECEIVES HEFTY FINE IN ACCESSORIAL LIABILITY CRACKDOWN
AUSTRALIA
Employment
Manager fined A$21,760 for role in underpayment of restaurant staff, falsification of records
A Human Resources manager has been fined $21,760 for her role in the underpayment of staff at a Chinese restaurant and the falsification of employee records.1 The decision follows a continuing focus by the Fair Work Ombudsman (FWO) on using the accessorial liability provisions of the Fair Work Act to target business advisers such as directors and officers, HR professionals, and accountants for their involvement in breaches of the Act and industrial awards and agreements.

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HONG KONG: WHO OWNS EMPLOYEES’ WORK PRODUCT
Hong Kong
Intellectual property
Employees instructed to sign patent over to former employer
The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how the law can protect an employer’s rights in respect of such intellectual property from misappropriation by an employee after the employment relationship ends.

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Global Media Reports

MALAYSIA

Mitsubishi Motors Malaysia offers flood relief programme – 40% discount on parts and labour prices
Paul Tan's Automotive News | 24-Nov-2017
Mitsubishi Motors Malaysia (MMM) has joined other manufacturers in offering a flood relief programme to customers affected by recent flood disasters. ...

Group claims half of Malaysian jobs at risk from technology
Malay Mail Online | 23-Nov-2017
KUALA LUMPUR, Nov 22 ? Up to 54 per cent of workers in Malaysia could be displaced by technology in the next 20 years, said a non-profit international...

ASEAN

Singapore committed to women's rights and equality: MSF [The Straits Times]
Gov.sg (press release) | 24-Nov-2017
Singapore remains committed to the protection of women's rights, and is continuing to take steps to promote gender equality....

UN committee issues recommendations to tackle discrimination against women in Singapore
The Straits Times | 23-Nov-2017
SINGAPORE - A United Nations committee has repeated its recommendation that Singapore include in its Constitution or laws a definition and prohibition...

WORLD

Ontario's new labour law brings many changes, including $15 minimum wage
Windsor Star | 24-Nov-2017
Ontario’s sweeping new labour law provides a host of new rules, including a $15 minimum wage by 2019, that supporters say will lift people out of pove...

New labour law prompts Brazil small firms to hire workers legally
Reuters | 23-Nov-2017
SAO PAULO (Reuters) - New labour laws that took effect this month in Brazil are prompting small firms to bring workers onto their books, potentially t...

See all previous Global Media Reports

New! LLB Bulletin #11/2017