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MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD MECA PUBLIC COURSES The industrial relations consultants Ramada Plaza, Dua Sentral 8 Jalan Tun Sambanthan, Kuala Lumpur APR 13,14 COLLECTIVE BARGAINING By Mr Dharmen Sivalingam MAY 25,26 REDUCING MANPOWER COSTS Mr Dharmen Sivalingam APR 21,22 HOW TO INVESTIGATE A DOMESTIC INQUIRY Ms Sujatha Selliah APR 23 ROLE OF PANEL AT A DOMESTIC INQUIRY By Natalie Chong MANAGING INDUSTRIAL RELATIONS MAY 6,7 Mr T Sivasubramaniam EMPLOYMENT ACT 1955 AND ITS AMENDMENTS MAY 21,22 Mr Dharmen Sivalingam

RM1300.00 MECA CENTRE FOR INDUSTRIAL …meca.com.my/sites/default/files/pictures/Meca-Public Courses Apr... · MECA Centre For Industrial Relations Sdn Bhd, Suite 13A-05, Level 13A,

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Page 1: RM1300.00 MECA CENTRE FOR INDUSTRIAL …meca.com.my/sites/default/files/pictures/Meca-Public Courses Apr... · MECA Centre For Industrial Relations Sdn Bhd, Suite 13A-05, Level 13A,

To qualify for Early Bird Rate, payment should be received 21 days before the course. A Group Discounts are applicable for 2 or more delegates from the same company. Please fax the completed registration form to MECA at 03-76100191 and forward it together with your cheque in favour of MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD. Employers contributing to HRDF may claim up to RM1300.00 per day and economy class airfare, board and lodging where applicable, in respect of each delegate. Cancellations must be in writing. There will be no refund for cancellation made later than 7 days before the course.

MECA Centre For Industrial Relations Sdn Bhd, Suite 13A-05, Level 13A, PJX-HM Shah Tower, No. 16A Persiaran Barat, 46050 Petaling Jaya, Selangor Darul Ehsan. Tel : 03-7610 0190 / 03-7610 0189 / 03-7610 0188 Fax : 03-7610 0191, www.meca.com.my

If undelivered, please return this to : P.O Box 266, Pejabat Pos Jalan Sultan, 46730, Petaling Jaya, Selangor

Tel: 03-76100190 Fax to: 03-76100191 Email: [email protected]

Call MECA at 03-7610 0190 or email [email protected] for further details.

Please tick payment rate: EBR NR

DELEGATE(S)

I wish to attend on: Apr 13,14 Apr 21,22 Apr 23 May 6,7 May 21,22 May 25,26

Company Name:

Address:

Contact Person:

Designation:

Tel:

Fax:

E-mail:

Signature:

Name (1): Designation:

Tel: E-mail:

Name (2): Designation:

Tel: E-mail:

Name (3): Designation:

Tel: E-mail:

REGISTRATION FORM

BAYARAN POS JELASPOSTAGE PAID

PEJABAT POS BESARKUALA LUMPUR

MALAYSIANo. WP0819

ONE DAY COURSE TWO DAY COURSECOURSE FEES

RM1,220.00

RM1,112.00

Members Non Members

RM60.00

RM1,355.00

RM1,235.00

RM60.00

RM2,201.00

RM2,003.00

Members Non Members

RM120.00

RM2,445.00

RM2,225.00

RM120.00

Normal Rate

Early Bird Rate

Group Discount

MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD

MECA PUBLIC COURSES

The industrial relations consultants

Ramada Plaza, Dua Sentral8 Jalan Tun Sambanthan, Kuala Lumpur

APR13,14 COLLECTIVE BARGAINING

By Mr Dharmen Sivalingam

MAY25,26 REDUCING MANPOWER COSTS

Mr Dharmen Sivalingam

APR21,22

HOW TO INVESTIGATE A DOMESTIC INQUIRYMs Sujatha Selliah

APR23

ROLE OF PANEL ATA DOMESTIC INQUIRYBy Natalie Chong

MANAGING INDUSTRIAL RELATIONSMAY6,7 Mr T Sivasubramaniam

EMPLOYMENT ACT 1955 AND ITS AMENDMENTS

MAY21,22

Mr Dharmen Sivalingam

Page 2: RM1300.00 MECA CENTRE FOR INDUSTRIAL …meca.com.my/sites/default/files/pictures/Meca-Public Courses Apr... · MECA Centre For Industrial Relations Sdn Bhd, Suite 13A-05, Level 13A,

COURSE CONTENT

Course Content

DAY ONE • Statutory provision on collective bargaining • Preparatory steps for collective bargaining • Preparation for company’s counter proposal• Comparative study of other collective agreements• Costing of proposed wage increase

DAY TWO • Study of recent industrial court awards on collective agreement disputes• Methods of salary adjustments• Application of consumer price index• Negotiation techniques• Recent High Court decision in Prestige Ceramics Case on whether financial incapacity constitutes a ground for not paying bonus or annual increment• Mock negotiation

COLLECTIVE BARGAINING

– 2 DAYS

Industrial Courts place significant importance on whether the process that was used in managing an employee who is alleged to have committed a misconduct was properly executed. It is no longer open for HR Practitioners to loosely run a Domestic Inquiry. To do so is to run the risk of losing your case in Court. This course will look at all the intricate details in investigating and prosecuting a DI according to the accepted legal norms and best practices.

DAY ONE• What is misconduct• Condonation• Purpose of preliminary investigation• Role of the Investigation Officer• Who should be the Investigation Officer• Process of investigation• Recording of statements• Notes of interview• Selection of witnesses• Framing of charges• Group exercise on framing of charges

DAY TWO• Role of the Prosecutor• Role of the assistant prosecutor• Examination of witnesses• Leading questions• Cross examination techniques• Briefing of witnesses• Burden of proof• Standard of proof• Making an effective submission• Mock domestic inquiry

HOW TO INVESTIGATE A DOMESTIC INQUIRY

Panel Members are often ill prepared to handle a domestic inquiry. This is normally the case because they do not have the experience and they are non-HR practitioners. Often, panel members do not undertake their roles properly resulting in a high likelihood that the DI will be held to be flawed by an Industrial Court. HR Practitioners who attend this event will find out exactly what is the role of the panel member in a DI. What can they do, how do they deal with objections, on what basis do they decide whether the employee is guilty or not, how to write a panel report? All of this will be covered in this event. With this knowledge, HR Practitioners can sufficiently brief panel members such that they are able to manage a DI according to accepted norms and best practices.

ROLE OF THE PANEL AT A DOMESTIC INQUIRY – 1 DAY• Statutory provisions• Rules of natural justice• Qualifications of panel members• Domestic Inquiry Procedure• Leading Questions• Rule against hearsay• Admissible evidence• If claimant is absent ?• Legal representation ?• Exparte hearing• Role of Union representative• Questioning by panel• Standard of proof• Decision making by panel• How to write a Panel Report• Mitigation• Mock Domestic Inquiry

ROLE OF PANEL AT A DOMESTIC

INQUIRY

OVERVIEW OF LABOUR LAWSThis is a must attend course for HR Practitioners to understand the important aspects of Industrial Relations. Participants will get a good understanding of the important legislation in this area and learn about all the types of termination with a special focus on the two most common reasons for termination i.e. misconduct and poor performance.• Employment Act 1955• Who comes under the scope of the Act• Introduction of key provisions• Industrial Relations Act 1967• Rights of workmen and employers• Management rights• Introduction of key provisions• Procedure where workmen claims unjust dismissal

MISCONDUCT IN EMPLOYMENT• Dealing with misconduct:-• Absenteeism• Lateness and leaving early• Insubordination• Fighting / Assault• Cheating/ Fraud• Conflict of interest• Do’s and don’ts in drafting show cause letters

DOMESTIC INQUIRY PROCEDURE• Rules of natural justice• Industrial Court guidelines• Writing a show cause letter• Preparation for the inquiry• Domestic Inquiry procedure• Examination of witnesses• Role of the prosecutor• Role of the panel• Submission• Report writing• Role of the punishing authority• Mitigation• Case studies on decision making• Mock domestic inquiry

TERMINATION OF EMPLOYMENT• Termination of probationer• Retrenchment• Termination on medical grounds• Constructive Dismissal• Termination for poor performance• VSS / MSS

MANAGING INDUSTRIAL RELATIONS

The Employment Act 1955 is an Act that includes minimum provisions for certain categories of employees. HR Practitioners “must-know” the critical provisions within this Act. This course will cover every important aspect of the Act from a HR Practitioner’s perspective. The course will also include some of the proposed amendments that are being suggested.

Topics Covered:• Who comes under the scope of the Act?• What is manual labour?• Breach of contract• Employers rights in dealing with acts of misconduct• Application and interpretation of S.15(2)• Legal definition of wages• Entitlement to wages during wrongful imprisonment• Employment of women at night• Maternity benefits• Rest days, hours of work and public holidays• Annual leave, sick leave and ordinary rate of pay• Calculation of deduction for unpaid leave• Termination benefits• Practical exercises

EMPLOYMENT ACT 1955 AND

ITS AMENDMENTS

REDUCING MANPOWER COSTS

With oil prices at an all time low, many businesses are going to be negatively impacted from a cost perspective. As such, businesses will have to be as lean as possible and be prepared to keep manpower costs as low as it possibly can go. There are things that an employer can do to reduce manpower costs and there are things that can’t be done. Learn what can be done and, more importantly, how to do it such that you do not take on unnecessary IR risks.

LAY-OFF• How to lay-off workers without pay for a period exceeding 12 days?• Are any layoff benefits payable in such a case?• Does Regulation 5 of the Employment (Termination and Lay-Off Benefits) Regulations 1980 apply to monthly rated employees?

VSS• Do you have to offer VSS to all or can this be limited to selected workers?• How should the offer letter be worded?• What is a reasonable severance package that can be offered?• What conditions may be imposed?

RETRENCHMENT• What should be the selection criteria?• When can the LIFO principle be departed from?• What are the provisions on retrenchment in the Code of Conduct for Industrial Harmony?• Is there a distinction between a termination as a result of a complete closure and a termination as a result of downsizing?• Retrenchment benefits for employees within/ outside EA 1955• Notification of retrenchment to DG Labour under S.63 EA 1955• Labour Department's latest Guidelines on Managing Retrenchment

PAY CUTS• Can employers forcibly reduce salaries?• How much of salary ought to be reduced?• Must the employer realign salaries once the economic situation improves?

SHORTER WORK WEEK• Can employers reduce working days?• Can salaries be reduced according to reduced work?

FORCED LEAVE/ SHUTDOWNS• Can employers shut down operations for a period of time and treat employees as being on annual or unpaid leave?• What if employees do not have any annual leave entitlement?• Can the following year’s entitlement be used as advance leave?

Page 3: RM1300.00 MECA CENTRE FOR INDUSTRIAL …meca.com.my/sites/default/files/pictures/Meca-Public Courses Apr... · MECA Centre For Industrial Relations Sdn Bhd, Suite 13A-05, Level 13A,

To qualify for Early Bird Rate, payment should be received 21 days before the course. A Group Discounts are applicable for 2 or more delegates from the same company. Please fax the completed registration form to MECA at 03-76100191 and forward it together with your cheque in favour of MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD. Employers contributing to HRDF may claim up to RM1300.00 per day and economy class airfare, board and lodging where applicable, in respect of each delegate. Cancellations must be in writing. There will be no refund for cancellation made later than 7 days before the course.

MECA Centre For Industrial Relations Sdn Bhd, Suite 13A-05, Level 13A, PJX-HM Shah Tower, No. 16A Persiaran Barat, 46050 Petaling Jaya, Selangor Darul Ehsan. Tel : 03-7610 0190 / 03-7610 0189 / 03-7610 0188 Fax : 03-7610 0191, www.meca.com.my

If undelivered, please return this to : P.O Box 266, Pejabat Pos Jalan Sultan, 46730, Petaling Jaya, Selangor

Tel: 03-76100190 Fax to: 03-76100191 Email: [email protected]

Call MECA at 03-7610 0190 or email [email protected] for further details.

Please tick payment rate: EBR NR

DELEGATE(S)

I wish to attend on: Apr 13,14 Apr 21,22 Apr 23 May 6,7 May 21,22 May 25,26

Company Name:

Address:

Contact Person:

Designation:

Tel:

Fax:

E-mail:

Signature:

Name (1): Designation:

Tel: E-mail:

Name (2): Designation:

Tel: E-mail:

Name (3): Designation:

Tel: E-mail:

REGISTRATION FORM

BAYARAN POS JELASPOSTAGE PAID

PEJABAT POS BESARKUALA LUMPUR

MALAYSIANo. WP0819

ONE DAY COURSE TWO DAY COURSECOURSE FEES

RM1,220.00

RM1,112.00

Members Non Members

RM60.00

RM1,355.00

RM1,235.00

RM60.00

RM2,201.00

RM2,003.00

Members Non Members

RM120.00

RM2,445.00

RM2,225.00

RM120.00

Normal Rate

Early Bird Rate

Group Discount

MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD

MECA PUBLIC COURSES

The industrial relations consultants

Ramada Plaza, Dua Sentral8 Jalan Tun Sambanthan, Kuala Lumpur

APR13,14 COLLECTIVE BARGAINING

By Mr Dharmen Sivalingam

MAY25,26 REDUCING MANPOWER COSTS

Mr Dharmen Sivalingam

APR21,22

HOW TO INVESTIGATE A DOMESTIC INQUIRYMs Sujatha Selliah

APR23

ROLE OF PANEL ATA DOMESTIC INQUIRYBy Natalie Chong

MANAGING INDUSTRIAL RELATIONSMAY6,7 Mr T Sivasubramaniam

EMPLOYMENT ACT 1955 AND ITS AMENDMENTS

MAY21,22

Mr Dharmen Sivalingam