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

BALLESTER ANTOINE PHILIPPE LOUIS v. SONEPAR SOUTH EAST ASIA SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
ESWARY MAREE
AWARD NO. 173 OF 2023 [CASE NO: 14-4-601-21]
16 JANUARY 2023


 

KESATUAN KEBANGSAAN PEKERJA-PEKERJA PERUSAHAAN ALAT-ALAT PENGANGKUTAN DAN SEKUTU v. PEPS-JV (KEDAH) SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
EMPLOYERS' PANEL: ALAN SUNIL NETTO E F NETTO
EMPLOYEES' PANEL: NASRIFAH SUKARNI
AWARD NO. 256 OF 2023 [CASE NO: 22(1)(18)-3-2632-20]
7 FEBRUARY 2023

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Article Highlight

SCANDAL-HIT CBI TO CUT JOBS AS IT FIGHTS FOR SURVIVAL

The CBI has revealed plans to cut jobs as it struggles with the fallout from allegations of rape and sexual assault against staff.

The troubled lobby group said it needed to slash its wage bill by a third after a string of members quit the organisation, hitting its revenue.

It comes as members vote on whether to back plans to reform the CBI in a move described as "critical" to its future.

The business group was unable to say how many jobs would go.

However, the CBI, which employs about 337 people in offices around the world, said it would be a "smaller and refocussed organisation in the future".

In a statement it said: "In light of the recent loss of some of our revenue, the CBI has to take some difficult decisions.

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MINING GIANT BHP ADMITS UNDERPAYING ALMOST 30,000 AUSTRALIAN WORKERS

Mining giant BHP has admitted it has underpaid almost 30,000 workers, dating back to 2010, and it will cost more than $400 million to make amends.

In a statement to the ASX, BHP said a review suggested rostered employees in Australia had their leave incorrectly deducted on public holidays since 2010.

"There are approximately 28,500 affected current and former employees with an average of six leave days in total that have been incorrectly deducted from affected employees," the company told the ASX.

BHP also said it has found around 400 current and former employees in Port Hedland are entitled to additional allowances "due to an error with the employment entity in their contract".

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New! LLB Bulletin #04/2023