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

MORNI BUJANG v. PEMBANGUNAN SUMBER MANUSIA BERHAD
INDUSTRIAL COURT, KUALA LUMPUR
RAJESWARI KARUPIAH
AWARD NO. 475 OF 2021 [CASE NO: 20/4-307/20]
22 MARCH 2021


MOHAMAD NOOR JAAMAD lwn. PUSPAKOM SDN BHD
MAHKAMAH PERUSAHAAN, KUALA LUMPUR
TEOH CHIN CHONG
AWARD NO. 747 TAHUN 2021 [NO. KES: 14/4-775/20]
15 APRIL 2021

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Article Highlight

U.S. TIRE MAKER GOODYEAR LOSES DISPUTE AGAINST FOREIGN WORKERS IN MALAYSIA
Employment
Goodyear ordered to settle wages owed to migrant workers
Malaysia’s Industrial Court has ruled in favor of dozens of migrant workers in a labor dispute against American tire manufacturer Goodyear Tire & Rubber Co (GT.O), court documents showed on Thursday, amid accusations of unpaid wages and employee mistreatment at the firm’s Malaysian factory. A total of 184 migrant workers had filed five complaints against Goodyear Malaysia in 2019 and 2020 over non-compliance with a collective labor agreement, and are claiming about 5 million ringgit ($1.21 million) in unpaid wages. read more

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MAN SPOTTED IN PUB DURING SICK LEAVE WAS UNFAIRLY DISMISSED
UK
Employment
Driver was illegally terminated
A man dismissed from his job after being spotted drinking and smoking in a social club while on sick leave was unfairly dismissed, an employment tribunal has found. Colin Kane, 66, worked as a driver for a surfacing company, Debmat, in Ryton, Newcastle upon Tyne. The company employs about 150 people and does not have a dedicated HR department. Kane had suffered from chronic obstructive pulmonary disease (COPD) for several years and had periods of absence due to ill-health.

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Global Media Reports

MALAYSIA

Works Ministry: 150 construction sites ordered to close since June 1 for non-compliance of MCO SOP
Malay Mail | Monday, June 21, 2021
KUALA LUMPUR, June 21 — A total of 150 construction sites nationwide have been ordered to close since June 1 for failing to comply with the stipulated...

Tax residence for individuals explained
The Sun | Sunday, June 13, 2021
UNDERSTANDING the concept of tax residence is important for your taxation status in Malaysia and whenever you undertake transactions overseas. Oversea...

ASEAN

Singapore's youth unemployment rate higher in 2020 compared to previous economic downturns
Malay Mail | Friday, June 18, 2021
SINGAPORE, June 18 — Compared to previous downturns such as the 2009 Global Financial Crisis and the 2003 severe acute respiratory syndrome (Sars) pan...

Singapore Ministry of Manpower: Two in three retrenched residents got new job in Q1 in return to pre-Covid levels, but recovery ‘not a straight road’
Malay Mail | Thursday, June 17, 2021
SINGAPORE, June 17 — For the second straight quarter, about two in three retrenched residents picked up a new job in the January-to-March period, brin...

WORLD

Protests, strikes in Greece over disputed labour law
Malay Mail | Thursday, June 17, 2021
ATHENS, June 17 — Greece’s parliament yesterday approved controversial labour reforms despite major strikes and street protests by critics who say the...

Migrant workers in Malaysia win Goodyear legal battle
The Sun | Saturday, June 12, 2021
KUALA LUMPUR: Dozens of foreign workers in Malaysia have won a legal battle against US tyre giant Goodyear for underpaying them, their lawyer said...

See all previous Global Media Reports

New! LLB Bulletin #06/2021