Malaysia Employment Law Issues - During & Post MCO
Malaysia Employment Law Issues - During & Post MCODuration: Course Duration: 2 sessions required to complete the course. 3.5 hours per session.
**Remote Online Learninig
Large and small organisations have been crippled by the COVID-19 outbreak, but even more so by the restriction measures taken to combat its spread. The Human resources departments in these companies need clear information and the interaction between the consequences of these restrictions and the law. The Employment law does not directly deal with these consequences. This seminar helps clear doubts and provides solutions to put out the fires sprouting up in the organisation and alerting employers, who may be unwittingly breaching the law.
1. Participants will understand the requirements for variations
2. How to avoid breaching the law on paid leave and unpaid leave
3. The difference understanding under normal HR exercise and extended MCO
4. How to deal with sick leave and maternity leave raised by employees under extended MCO
5. How to deal with disciplinary issues during extended MCO
6. How to not breach the law when dealing with Covid-19 positive employees
7. The right steps to take for Covid-19 affected employees
8. Using the personal data of employees for information sharing in the event of COVID-19
9. How to retrench employees legally during and post MCO
10. What to do in the event, businesses or partial business need to close and do not have the reserves to pay termination benefits.
MODULE 1: VARIATION TO TERMS OF EMPLOYMENT CONTRACT ON MUTUAL AGREEMENT DURING EXTENDED MCO – THE LEGAL ASPECTS TO TAKE INTO ACCOUNT.
The conditions to fulfill:
- Mutual Agreement between the parties. What are the terms to be inserted in the variation letter?
- The terms to be taken into consideration in the Employment Act 1955 and the Industrial Relations Act 1967.
- Duration calculation for termination under Employment Act and Industrial Relation Act under MCO
- Mutual Agreement where Trade Unions are involved.
MODULE 2: WHAT HAPPENS WHEN EMPLOYER DEDUCTS SALARIES OR DO NOT PAY SALARIES WITHOUT MUTUAL AGREEMENT
- The legal consequences and available defenses for Employers.
- The legal consequences under the Employment Law and Industrial Relations law.
- The legal consequences in relation to handling maternity leave and sick leave during the MCO and Extended MCO?
MODULE 3: DISCIPLINARY ISSUES UNDER MCO/EXTENDED MCO PERIOD
- Working from Home and disciplinary issues arising from WFH under the MCO.
- Progressive disciplinary under Employment Act – a brief overview and how to use it for disciplinary issues [misconduct and poor performance] under MCO.
MODULE 4: EMPLOYER’S OBLIGATION UNDER COVID-19
- What are the Standard Operating Procedures for handling COVID-19 positive employees at the workplace?
- What are the general legal obligations to an employee under the law which will cover COVID-19?
- What are an employer’s obligations towards an employee who has contracted the coronavirus, or been placed under quarantine?
- Personal Data Protection laws and COVID-19
MODULE 5: RETRENCHMENT OF WORKERS DUE TO COVID-19
- Employer must satisfy 3 conditions for retrenchment under COVID-19
- 10 measures Employers can take when retrenchment becomes necessary.
- Guidelines on Retrenchment Management prepared by MOHR
- What happens when Employer cannot pay compensation under retrenchment exercise – Criteria to fulfill to submit to JTK [Labour Office]