Basic Understanding Of Employment Act 1955 & Industrial Relation Act 1967

Employment Act 1955

Designed & Facilitated by: Cheri Kok Rev: 00 (February 2009) For: Supervisory Development Program

Purpose
This

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

Main 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.

Workshop Content
1.
2.

Introduction To The Act Interpretation / Definition

a) Employer b) Employee

3. 4.

5.
6.

Formation Of Contract Of Service Misconduct Discipline Contract being broken

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Methodology
What will we do

Lecture

Case Study

Workshop
Group Discussion Structure Exercise

Ground 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.
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Topic 1 Introduction To The Act

1. The scope of Employment Act
Employment Act 1955

The Scope Of Employment Act

This Act may be cited as the Employment Act 1955. This Act shall apply to West Malaysia only.

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"

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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 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 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.
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The Industrial Act 1967

Employment Act 1955

The System of Industrial Relations A 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

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