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BBUI3103 Employment And Industrial Law Management

By the end of this course, you should be able to:

  1. Explain the labour and industrial laws based on the relevant written laws;
  2. Discuss employment terms, misconduct of workers, functions of trade unions, issues related to disputes between employers and trade unions and the relevant laws applicable to the security of employees;
  3. Apply issues of law to employer-employee relations.

This course is divided into 10 topics. The synopsis for each topic is presented as follows:

Topic 1 gives the definition of labour relations and also the meaning of employer and employee. In addition, the discussion revolves around the differences between contract of service and contract for service. Besides that, it focuses on the various tests used by the courts to help them determine the existence of employer-employee relationship. The different criteria and considerations employed by the courts are also explained in this topic.

Topic 2 emphasises on the judicial system that is responsible for the trial of labour and industrial cases.

Topic 3 gives the definition of laws related to terms and conditions of employment, as stipulated in the statutes and employment contracts.

Topic 4 discusses the responsibilities of employers towards their employees that are related to pecuniary and non-pecuniary terms. The pecuniary terms include salaries and allowances, bonuses, ex•gratia payments and other related matters. It also touches on the responsibilities of employers as well as the rights of employees related to non•pecuniary terms. Non•pecuniary terms include hours of work, rest days, public holidays, leave entitlements and other relevant matters. Topic 5 discusses the prerogatives of employers towards their employees. The issues discussed include conditions of recruitment of employers, transfers, reduction of employees, retirement, resignation of employment, termination and dismissal of employees.

Topic 6 discusses the misconduct of workers. The issues discussed include acts of misconduct, types of misconduct and actions that can be taken by employers towards employees who perform misconduct. Besides that, it discusses domestic inquiry, the principle of natural justice and remedies that are allocated for employees in the event they are unfairly dismissed by their employers.

Topic 7 explains matters related to trade unions. Issues related to its registration, composition, powers and responsibilities and membership are discussed in this topic. Furthermore, the topic explains matters related to collective•bargaining between the employers and employees.

Topic 8 explains trade disputes and resolution of disputes. Both these topics also discuss the action of strikes and pickets by employees, kick-outs by employers and the extent to which such actions are allowed in the laws of Malaysia. The resolution of disputes can be further divided into several other divisions such as inquiry and investigation, mediation and arbitration. These represent alternatives aimed at cooperation between employers, employer unions and the trade unions.

Topic 9 discusses the provisions of law related to social security protection of employees. The main Acts are the Employees Provident Fund Act 1951, the Employees Social Security Act 1969 and the Workmen's Compensation Act 1952. This topic also covers matters related to the EPF Board and its two powers, contribution to the EPF and the benefits derived from these contributions to the EPF. It further discusses aspects like contribution to Social Security Organisation (SOCSO) by employers and employees, protection scheme by SOCSO and the rate of distribution of interest among the dependants. Lastly, it emphasises issues related to the Workmen's Compensation Act 1952. The matters discussed include compensation scheme for foreign workers and types of benefits and compensation as provided for in this Act.

Topic 10 explains the Occupational Safety and Health Act 1994. The provisions of this Act which are discussed include the responsibility of employers and the rights of employees with regard to the safety and health during employment. Furthermore, provisions on liabilities and penalties are also discussed in this topic.


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