Employment Law Malaysia
Short course
In London
Description
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Type
Short course
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Location
London
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Duration
1 Day
This seminar provides key insights into the employment law framework governing Malaysia and through a case study led approach equips participants with the skills and knowledge to operate for success in this country. You will also gain access to an expert who will advise you on latest changes and key issues HR must be aware of. Suitable for: Company directors, personnel and HR managers, employee relations professionals, in-house counsel, lawyers, line managers and anyone with responsibility for staff in Malaysia
Facilities
Location
Start date
Start date
Start date
Reviews
Teachers and trainers (1)
Steven Thiruneelakandan
Partner at Shook Lin & Bok, in Kuala ¬Lumpur
Steven Thiruneelakandan graduated in Law from the University of Leicester and was admitted to the English Bar in 1991 and the High Court of Malaya as an Advocate and Solicitor in 1992. He also holds a Masters in Law from the University of Malaya. He joined Shook Lin & Bok, one of the largest law firms in Malaysia, and he is currently a senior litigation partner in the firm. His main areas of practice are employment law, administrative law and general litigation.
Course programme
09:30 - Overview of Malaysian employment law and practice
· Employment law and practice under the Malaysian legal system
· Key employment legislation
· The influence of English common law
10:00 - Employment contracts - The hiring process and fundamental terms and conditions
· Who is the "employer" and who is the employee ("workman")?
· Types of employment contracts - permanent contracts vs. fixed term contracts
· Key provisions of the employment contract - essential employment benefits, confidentiality/protection of trade secrets and the termination clause
· Collective Agreements
11:00 - Coffee
11:15 - The disciplinary process, domestic inquiries and grievance procedures
· Dismissal for "just cause or excuse" - misconduct and poor performance
· Drafting the notice to show cause and the charges of misconduct
· Domestic inquiries: practice and procedures
· Management prerogative in disciplinary action
· Grievance mechanisms
12:00 - The representation of unfair dismissal, the conciliation process, and other remedies
· The "60 days" rule
· Proceedings at the Industrial Relations Department
· The reference/non-reference by the Minister
· Claims in the civil courts
12:30 - Constructive dismissals
· When can the employee "walk-out"?
· Breaches of the implied term of mutual trust and confidence
· The significance of a plea of constructive dismissal in the Industrial Court
12:45 - Lunch
13:20 - Redundancy and voluntary redundancy
· Recognised grounds for redundancy
· Code of Conduct For Industrial Harmony 1975
· Procedural steps and substantive reasons
· Examples of mala-fide redundancy
· Calculation and payment of redundancy benefits
· Voluntary redundancy
14:45 - The Industrial Court and challenging its decisions
· Structure of the Industrial Court
· Representation, rules of procedure and evidence
· Relief: Reinstatement and back wages
· Contributory conduct and post-dismissal earnings
· Challenging the award of the Industrial Court
15:30 - Coffee
15:45 - Recent developments and the future of Malaysian employment law
16:15 - Question and answers
16:30 - End of seminar
Employment Law Malaysia