IR LAWCONFERENCE 2016Enhancing Insights in Employment Laws to Cope with Increased Pace of Globalisation20 & 21 September 2016The Westin Kuala Lumpur

CORPORATE INDUSTRIAL RELATIONS CONSULTANCY

LawIR

IR Law:Corporate Industrial Relations Consultancy

About Us We commenced operations in 1995 as a Manage-ment Consultancy firm. Recognising the growing need to provide industrial and employment law advice, consultancy and training service to employers, IR Law was established in 2013. Whether employers need consultancy advise over the phone, an agreement negotiated with the union, or assistance with writing an HR policy, IR Law's experienced, dedicated and people friendly industrial relations consultants can assist.

Our key services include providing Corporate Industrial Relations Consultancy or end-to-end consultation and advise to employers on redun-dancies, disciplinary investigation and disciplinary action, company closures/ mergers/ acquisitions, union recognition issues, negotiation and drafting of collective agreement, company handbook, policies and much more.

Visit our website at http://irlaw.com.my; email us at enquiries@irlaw.com.my or contact us at +603 5033 1812, Fax +603 2034 9468

Enhancing Insights in Employment Laws to Cope with Increased Pace of Globalisation

Conference ThemeOur conference this year seeks to address and enhance your insights into deep and critical areas in Industrial and Employment Law practices, whilst considering global themes such as the advent of the Trans-Pacific Partnership Agreement (TPPA), facing the Human Resource community in Malay-sia.

We welcome all Directors/CEOs, Industrial Relations professionals, Human Resource profes-sionals, Trade Union Officers and Legal Practition-ers to sign up for this intensive two-day program, which will deliver rock-solid, bottom-line value with practical guidance for overcoming the latest Indus-trial Relations / Human Resources challenges in Malaysia.

Join us and “enhance your insights” here!

Day One20th September 2016

Conference Chairperson: Puan Maimunah Aminuddin

How has industrial and employment law developed and evolved for the past year? Reinforce your knowledge of several pivotal cases, key areas and their impact on employment law. Gain a comprehen-sive understanding of the core principles and critical issues to help you stay on top of your field by learning from the Industrial Court of Malaysia.

9:00AM – 10:00AMCurrent Critical Issues in Industrial & Employment Law

11:15AM - 12:15PMLaw of Insubordination: To Follow a Superior’s Order or Not To FollowEver since the Federal Court decision of Ngeow Voon Yean v. Sungei Wang Plaza Sdn Bhd / Landmarks Holding Bhd on the ‘doctrine of superior’s orders’, there has been much confusion with regards to insubordination as a misconduct in employment practice. What does the doctrine mean? Does it mean that when an order is given, the employee has to carry it out, without any question? What are the exceptions to this Federal Court ruling? What is it important for employers to understand this decision and re-examine their policies and procedures on misconduct and grievance handling? How can employers effectively apply this Federal Court decision without constraining employees’ creativity? Listen to what the expert says in this session.

Morning Refreshments

12:15PM - 1:15PMDynamics of Strikes, Pickets & Lock-OutsWhen collective bargaining reaches an impasse, a legal work stoppage may occur, which are typically referred to as either strikes or lock-outs, both of which are often accompanied by picketing. In Malaysia, strikes, pickets and lock-outs are industrial actions regulated under the Industrial Relations Act 1967 and Trade Unions Act 1959. Our IR Law expert will enlighten you on the dynamics of strikes, pickets & lock-outs, by addressing their legal definitions, procedural requirements, substantive requirements and the consequences of illegal strikes, picketing and lock-outs.

Sexual harassment has a devastating effect on both the economic opportunities and the physical and emotional well-being of the victim. It was with this in mind that on 2 June 2016, the Federal Court in the landmark ruling of Mohd Ridzwan Bin Abdul Razak vs. Asmah Binti Mohd Nor, introduced the law of tort and sexual harassment, and gave room for employees who are sexually harassed at their work place to file a civil suit to claim damages against the perpetrators. In our presentation, we will examine the case, the first of its kind in Malaysia, explore the law of tort and sexual harassment, its implications and guide employers on the best practices to deal with sexual harassment complaints.

Lunch Break

3:30PM - 4:30PMHeads Up: Tort of Sexual Harassment at the Workplace

10.00AM -11:00AM

With the advent of the Trans-Pacific Partnership Agreement (TPPA) in Malaysia and an increased pace of globalization, join us for this study on comparative analysis of labour laws in particular to the employment of women, young people, persons with disabilities with reference to industrial relations among the Member States of the Association of Southeast Asian Nations (ASEAN), using conventions of the International Labour Organization (ILO), the United Nations (UN), and other similar international bodies.

Comparative Labour Laws in the ASEAN Region

Joseph SolomonGeneral Secretary

National Union of Bank Employees

K.JebaratnamConsultant

IR Law Sdn Bhd

Siva Kumar KanagasabaiPartnerSKRINE

Dato’ David MoraisPartner

M. David Morais

2:30PM - 3:30PM

Absenteeism and performance issues encompass all categories of employees, including pregnant employees. Employers need to take special care when managing sickness absence and performance issues during pregnancy, to ensure that they comply with their legal duties and protect the welfare of their employees. Hence, in our session, we will answer some of the most pertinent questions:1) What are specific sections within the Employment Act 1955 that employers need to adhere when dealing with absenteeism and pregnancy issues?

2) How do we deal with these issues delicately to avoid any implications of discriminatory practices, in light of the High Court decision of Noorfadilla binti Ahmad Saikin v Chayed bin Basirun and Ors on gender discrimination, the Convention on the Elimina-tion of All Forms of Discrimination against Women (CEDAW), and the Federal Constitution?

Pregnancy at the Workplace – What Employers Should Know

Wong Keat ChingPartner

Zul Rafique & Partners

Y.A. Dato’ Frederick Indran X.A. NicholasChairman

Industrial Court of Malaysia, Penang

Day Two21st September 2016

Engagement is the key to getting the most out of your workforce and, in turn, improve your company turnover and profitability along the way. Because employee engagement is directly correlated to employee productivity and company performance, it is especially critical to focus on employee engagement, during an economic downturn. Come and listen to our speaker, who will explain what is meant by employee engagement, why organizations are interested in it, how employers can build an engaged workforce and how it can be measured to benefit the employer and employee during difficult economic times.

9:00AM – 10:00AMIntroducing “Employee Engagement” During Difficult Economic Times

Misconduct within your business can usually be dealt with quickly, efficiently, and with minimal fallout, as long as you have a robust disciplinary procedure. However, would the employer be entitled to discipline an employee for acts committed outside the workplace or beyond the scope of employment? Can you enforce workplace policies outside of work? Can you discipline employees for conduct in their personal lives? What are the precautions employers have to take? Sign up with us and learn the best practices from a renowned senior employment lawyer in Malaysia.

10.00AM -11:00AMManaging Misconduct Outside the Workplace and/or Scope of Employment

11:30AM - 12:30PMMisconduct or Negligence of Employees Leading to Financial Losses:How Can Employers Mitigate Damage or Recover Losses?It is a fact that an employee can be dismissed from employment after due inquiry when he was found negligent in respect of his duties or he has committed an act or acts of serious misconduct. However, what are the rights of the employer when such negligence or misconduct has caused damage and/or financial losses to the employer? Even if the employer can recover damages or losses, are such claims recoverable from the employee through salary deduc-tion? Come listen to our distinguished speaker, who will provide guidance in this subject matter.

The Code of Conduct for Industrial Harmony is an agreement entered between the Ministry of Human Resources, Malaysian Employers Federation and the Malaysian Trade Union Congress in 1975. Although the Code is not legally binding, the Industrial Court in a plethora of cases, including several in 2015, has elevated the importance of the Code and ruled that a blatant failure to comply with the Code would result in the retrenchment of an employee being viewed as unfair. In this presentation, we will examine the elements of the Code, its effect on retrenchment benefits, application in collective agreements, and understand why employers should still, where practicable, adhere to the Code, as it not only reflects good industry practice but will put employers in a better position to defend an unfair dismissal suit.

Morning Refreshments

The Trans-Pacific Partnership Agreement (TPPA) is a multilateral free trade agreement among 12 countries. The Dewan Rakyat and Dewan Negara passed the motion for the Malaysian Govern-ment to sign and ratify the TPPA on 27 and 28 January 2016 respectively. The agreement will enter into force after ratification by all signatories, if this occurs within two years. If the agreement is not ratified by all before 4 February 2018, it will enter into force after ratification by at least 6 states which together have a GDP of more than 85% of the GDP of all signatories. Take this opportunity and understand from our panel of experts on the fundamental labour rights recognized in the International Labour Organisation (‘ILO’) 1998 Declaration which is adopted by the TPPA, and how it can improve the Labour Standards in Malaysia.

2:00PM - 3:30PMPanel Discussion: How Can the Trans-Pacific Partnership Agreement (‘TPPA’) Improve Labour Standards in Malaysia

3:30PM - 4:30PMRetrenchment Strategy: Taking Cognition of the Code of Conduct of Industrial Harmony

Lunch Break

Raja Vishnu SivarajahConsultant

IR Law Sdn Bhd

Prof. Dr. Ashgar Ali Ali MohamadProfessor

Ahmad Ibrahim Kulliyah of LawsInternational Islamic University Malaysia

Rich FoziExecutive Director & CEO

BOLDRICH

Dato’ Thavalingam ThavarajahPartner

Lee Hishammuddin Allen & Gledhill

Abdullah Sani Abdul HalimPresident

Malaysian Trades Union Congress

Datuk Hj Shamsuddin BardanExecutive Director

Malaysian Employers Federation

Conference Chairperson: Puan Maimunah Aminuddin

Lim Heng SengPartner

Lee Hishammuddin Allen & Gledhill

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IR LAWCONFERENCE

2016Enhancing Insights in Employment Laws

to Cope with Increased Pace of Globalisation