[NEW 2-Day] Practitioner Guide To Retrenchment And Termination
Course Information
  • 04-Aug-2021
  • Online
  • Brian Wee
  • English
  • RM 1160 RM 1080
    Until 01 Aug 2021
  • 9:00am - 5:00pm

[01] INTRODUCTION More job losses are expected in 2021. The present pandemic-induced lockdown causes the economy to continue a cycle of ‘open & close’. This makes it inevitable retrenchment and layoff will be undertaken by companies most affected. Unfortunately the process of retrenchment is incredibly difficult and highly technical. The Industrial Court who intervenes in case of this nature is very strict with their judgments and often award damages to employees who have been incorrectly dismissed for operational requirements. [02] COURSE OBJECTIVES • Make employers aware of their inherent rights as provided under the: o Common Law o Labour Laws o Industrial Laws • Court Precedents and Awards • Be also aware of the rights of employees so as not to commit acts of unfair labour practices • Be able to act with conviction and confidence when unduly threatened by employees or trade unions • Ensure compliance with labour contracts and act in good faith to create harmonious employer-employee relations • Protection against illegal and unlawful actions by employees • Avoid unnecessary and costly appearances at the Labour Court and Industrial Court over disputes • Understand and appreciate the legal remedies available to employers in exercising their rights over employees particularly with regards to discipline and poor performance issues [03] WHO SHOULD ATTEND Business Owners, Directors, Manager/ Executive/ Supervisor of HR and Industrial Relation Department, Department Heads and those dealing with termination of employees [04] METHODOLOGY Stimulating Lecture, Analytical Learning through Case Study & Exercises, Workshop Sessions. [05] DATE, TIME & FEE Date: 4 - 5 August 2021 (Wed - Thu) Time: 9:00am - 5:00pm Mode: Online/ Interactive [HRDC Claimable | SBL KHAS] FEE: - Early Bird Offer (before 16 July 2021) - RM 990 - Special Offer (before 1 August 2021) - RM 1,080 - Normal Fee - RM 1,160 >> Fee includes Course Notes & Certificate of Completion and 6% Government Service Tax ** OFFER ** - 10% Cashback for SST2u Learner Card+ (SLC+) members. T&Cs applied. [06] COURSE OUTLINE DAY1 [01] EMPLOYER'S RIGHTS BY COMMON LAW • Common law rights of Master and Servant • Employer’s rights by labour laws • Industrial Relations Act 1967 • Employers Prerogatives (Rights) - Section 13.3 • Dealing with Dismissals - Section 20 • Understanding the role and functions of the Industrial Relations Department and Industrial Court (Arbitration) • Employment Act 1955 • Employment Contracts and the statutory requirements • Claims for monies due to employers • Recovery of over payments made to employees • Rights with regards to change of ownership/poor business [02] EMPLOYER'S RIGHTS BY INDUSTRIAL LAW WITH REGARDS TO • Probationers • Absentees • Habitual late comers • Medical leave delinquents • Poor performance and inefficiency • Major misconducts and punishments [03] EMPLOYERS RIGHTS BY INDUSTRIAL LAW WITH REGARDS TO TERMINATION OF CONTRACTS • Frustration of Contracts • Medical Board Out • Expiry of Fixed Term Contracts • Retirement [04] COVID–19 OUTBREAK AND ITS IMPACT • Impact of Covid-19 Induced Business Closure • Malaysia JTK Guideline on COVID–19 • Latest Movement Control Order • Employment Retention Program (ERP) for Unpaid Leave Employees • Impacts on businesses Q&As & Conclusion for Day 1 DAY2 [05] EMPLOYERS’ OPTIONS • Limitation on recruitment of new employees unless for critical positions • Restriction on overtime work • Limit work on Rest Day and Public Holidays • Reduce number of shifts • Reduce Working Hours • Conduct Retraining programs for employees for multi-tasking • Transfer employees to suitable jobs within the organization • What are layoff, redundancy and retrenchment? • The many faces of retrenchment exercise (a) layoff (b) redundancy (c) rightsizing (d) downsizing [06] BASIC PRINCIPLE AND THE LAW • Employer’s prerogative • Employees within scope of EA 1955 and Termination & Lay Off Regulations 1980 • Employees out of scope of EA 1955 — are they entitled to retrenchment benefits? • Notice Periods — S12 — when does it apply and when it does not? [07] HOW TO DEAL WITH MORALES OF EMPLOYEES? • Voluntary Separation (VSS) vs. Mutual Separation Scheme (MSS) • Letter invited employees to apply to join a VSS scheme • Sample of VSS Scheme • Remaining employees • Those who volunteered and not selected [08] NOTIFICATION OF EMPLOYEES AND JTK APPLICATION • Notification in writing to all employees • Notify the Labour Department pertaining to the retrenchment exercise and file Form PK1/98 • Prepare retrenchment package in accordance to the required regulations [09] CODE OF CONDUCT FOR INDUSTRIAL HARMONY 1975 • Measures taken by Employers • Selection of employees to be retrenched — Foreigners Out First [10] WHAT IS THE LIFO PRINCIPLE? • Meaning of Last In, First Out (LIFO) • Where can you find this law? • The code of conduct for industrial harmony • How to implement LIFO — by category/class [11] EXECUTING THE EXERCISE • HR Roles in retrenchment exercise • Making the announcements • Speed • Offer period • Notice of Retrenchment • Issuing a Retrenchment Letter • Entitlement to Termination Benefits • Payment of Retrenchment Benefits • Date of severance • Computation of wages • How to make the payments? • Outplacement services to retrenched employees [12] EMPLOYMENT INSURANCE SYSTEM (EIS) • Coverage of EIS • Rate & Qualifying Conditions • Benefits Provided • Payment Method • EIS Qualification • Claiming Process Q&As & Conclusion for Day 2 [07] SPEAKER PROFILE BRIAN WEE HRDF Certified Trainer, Consultant Brian Wee was Head of Human Resources, Internal QMS Auditor and Corporate Trainer of MMC for a holding company of oils refineries in Malaysia. He holds a Master of Business Administration and a Post Graduate Diploma in Business Administration from Heriot Watt University, United Kingdom. He also has a Certificate and a Diploma in Personnel Management. He is a Certified Human Resource Professional (CHRP), an Ordinary Member of Malaysian Institute of Human Resource Management (MIHRM), PSMB Certified Trainer and PSMB Human Resource Consultant. Wee has attended a three days Effective Training Evaluation program by Ms Beverley Jeffreys of Chisholm Institute, Australian National Training Authority (ANTA). He brings with him more than 15 years of working experience in Human Resource of large manufacturing companies. He is a Resource Training person for Malaysian Institute of Personnel Management (MIPM), Malaysian Institute of Purchasing and Material Management, UBS Commercial Institute, Open University Malaysia, Asia e University and UTM Space Executive Diploma Programs and others. He started off his career in 1980 as a Senior Officer with the Ministry of Information where stayed for 15 years and gained extensive management experience. Later he moved to a Japanese based company where he was in charge of all spectrums of Human Resource functions. During that time, he acquired some Japanese management skills such as Kaizen, Zero Defect, JIT, Quality Control, Quality Assurance, ISO QMS and EMS Awareness Program and many others. He developed and trained QC, ISO QMS and EMS and productivity related modules for the Wilmar International Group of companies’ employees. In his present capacity, he develops modules and trains his employees and many organizations. He is also a part time lecturer for academic courses, namely Certificate & Diploma Program for Malaysia institute of Human Resource Management, Supervisory Module for Certificate & Diploma for Malaysian Institute of Purchasing & material Management, Executive Diploma of Human Resource Management for UTM SPACE, Asia e University, Southern College University and Open University Malaysia and Professional Short Course in Mandarin for Human Resource subjects and English Conversation & Communication Skills for User Business School (UBS). His much in demand programmes are Effective Supervisory Skills, Purchansing & Negotiation Skills, 8D Team Problem Solving Methods, Total Preventive Maintenance, ISO QMS AND EMS Awareness Program, UTM SPACE ISO QMS Modules, Effective QA/QC Inspectors, QC Tools, QCC, Effective Communication and Motivation Program, Excellent Clerical Skills, Excellent Customer Service, Effective Business English Communication Skills, Report Writing Skills, Effective Presentation Skills, Teambuilding Program, Positive Working Attitude, Malaysian Labour Laws and Industrial Relation Laws, Understanding of Employment Act 1955, Handling Misconduct and conducting Domestic Inquiries, Effective Salary Computation and Administration, Handling Problematic & Difficult Employees, Report Writing Skills, Drafting an Employment Contract, Effective Human Resource Management, HR for Non HR Executive / Managers, People Management, Leadership Skills, Balanced Scorecard, Key Performance Indicators and others. Among some of his training participants and/or consultancy services included Kyocera, Sunpower, TJ Wang Group (Accountancy & Secretarial Services), Lii Hen Group, China Press, White Horse Ceramic, ML Plastics Sdn Bhd, Yee Wan manufacturing, Southern College, Foo Yew High School, MITI, Police Academy (Technical),Champion Precision, JK Sumi Wire, Muar Ban Lee Engineering, Autoveyor, Southern Lion, Seiko Electric, CSC Steel, San Miguel Yamamura Plastic, Ornapaper, Umicore Malaysia, Alloy Consolidated (MTD Group), Panasonic AVC Network, Southern College University, Infineon Technilogies, to name a few. Mr. Brian Wee had provides HR & Quality and Productivity Consultancy Services to Li Hen Group, a furniture exporter and manufacturer, Omega Printer, Golpar Plastic Injection, Dian Pang Supermarket and others. [08] ENQUIRY & REGISTRATION Enquiry: SSTcourse@gmail.com Contact: - General - (03 - 5888 7357) - Teo (011 - 3178 9203) - Logesh (012 - 503 0346) - Siti (012 - 383 8603) - Han (019 - 323 0507)