EmploymentAct 1955

Basic Understanding Of Basic Understanding Of Employment Act 1955 & Employment Act 1955 & Industrial Relation Act 1967Industrial Relation Act 1967

Designed & Facilitated by: Cheri Kok

Rev: 00 (February 2009)

For: Supervisory Development Program

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PurposePurpose

This comprehensive program is designed to guide the participants in the basic understanding of Malaysian Employment Act 1955 & Industrial Relation Act 1967.

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Main ObjectivesMain Objectives

After attending this training, the participants will be able to:-1.Explain the definition of Employer and

Employee

2.Explain the “Misconduct” as per included in the EA.

3.Handling of disciplinary issue.

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Workshop ContentWorkshop Content

1. Introduction To The Act

2. Interpretation / Definitiona) Employer

b) Employee

3. Formation Of Contract Of Service

4. Misconduct

5. Discipline

6. Contract being broken

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MethodologyMethodology

LectureCase Study

StructureExercise

Workshop

What will we do

Group Discussion

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Ground RulesGround Rules

Respect others. Observe time limits. Give everyone a change to speak. Everyone participates. Give positive feedback or feedback for

improvement. All phone in silent mode. Get permission before leaving the room.

EmploymentAct 1955

Topic 1Topic 1Introduction To The ActIntroduction To The Act

1. The scope of Employment Act

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The Scope Of Employment ActThe Scope Of Employment Act

This Act may be cited as the Employment Act 1955.

This Act shall apply to West Malaysia only.

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What Is Employment Law ?What Is Employment Law ?

Employment Law is the law which regulates the operation of the labour market in general and the employment relationship between employers and employees in particular. – Examples include hiring process, suspension from

work, maternity rights, layoff and wages. The obligations and rights of an employment

contract are covered by the Employment law. When an offer for employment is made by an

employer to an employee, the law governing the relationship between an employee and an employer begins.

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The Definition Of “Employer"The Definition Of “Employer"

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The Definition Of “Employees"The Definition Of “Employees"

The following types of employees are included:– (a) Any employee as long as his month

wages is less than RM1500.00 and – (b) Any employee employed in manual work

including artisan, apprentice, transport operator, supervisors or overseers of manual workers, persons employed on vessels and even domestic servants are classified as employees even if their wages is more than RM1500.00 per month.

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A Contract Of ServiceA Contract Of Service

An agreement whereby one person agrees to employ another as an employee and the other agrees to serve his/her employer as an employee.

The employer would need to contribute EPF and comply with relevant statutory benefits such as annual leave, sick leave and et cetera for its employees engaged under a contract of service.

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A Contract For ServiceA Contract For Service

An agreement whereby a person is engaged as an independent contractor, such as a self-employed person or vendor engaged for a fee to carry out an assignment or a project for the company.

There is no employer-employee relationship

Employee is not covered by the Employment Act.

EmploymentAct 1955

The Industrial Act 1967The Industrial Act 1967

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The System of Industrial Relations – The System of Industrial Relations – A Malaysian PerspectiveA Malaysian Perspective The I.R system operates within the

legal framework of 2 principal legislations namely:

1. The Trade Unions Act 1959

2. The Industrial Relations Act 1967