HUMAN
CAPITAL MANAGEMENT
In this
globalised era, one of the key influences supporting and driving a successful
business operation is none other that its workforce. However, among the major
management functions, the HR function is also recognised as one of the most
challenging in maintaining a business operation. The process of recruiting
the right people, setting the right contractual terms, employment policies as
well as resolving disciplinary issues or breach of contract are only part of
the many complex challenges that are confronting business organisations
today. Hence, in order
to stay ahead of the latest employment legislations and trends – a thorough
understanding of your legal obligations as an employer will help your
organisation avoid or minimise costly employment disputes and maintain good
employee relations. In recognition
of the above challenges, this 2-day programme will identify and address
critical trends, legislation and case developments that are impacting the
workplace. |
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Objectives Upon completion of this programme, you will be able to: ·
Establish an understanding of key HR and employment law issues that
have a profound impact on the employee / employer relationship ·
Develop an understanding of the implications involved in dealing with a
variety of situations that might be encountered in the day-to-day management
of people. It will raise an awareness and cover positive ways of dealing with
situations. Who Should Attend ·
Senior
Managers ·
HR Managers ·
Trainers ·
Employee
relations professionals ·
Line
executives ·
Supervisors Learning Outcome At the end of this programme, you will have gained the following knowledge and learning: ·
Understand
and discuss the key HR and employment law issues impacting their workplace ·
Hone skills
required to manage and cope with the
challenges in maintaining an effective workforce · Apply the law correctly to a multitude of challenges that may arise thereby minimising costs and time spent at the Employment Tribunals |
Programme Outline Day 1 ·
Introduction o
The extent to which Malaysian business
competitiveness is impacted by employment
legislations and judicial decisions o
Tensions with legal requirements o
The need for resolving workplace disputes at
workplace level o
Case Study ·
Industrial
Relations Act 1967 o
Probationer vs confirmed employee o
Protection under sec.20, IRA o
Test to validate a non-confirmation decision o
Failure to communicate status upon expiry of
probationary period o
Employer’s conduct o
Guidelines on how to terminate for poor or
unsatisfactory performance o
Case study ·
The Employment
Contract o
What is an employment contract? o
Difficulties in identifying the employer in
‘group of companies’ situation o
Analysing the classic question: is he or
isn’t he a ‘manual’ employee? o
Distinguishing between a contract of service
and contract for service o
Strategies in reducing liability under a
contract o
Understanding implied terms and conditions
in the contract to avoid disputes o
Case Study ·
Effectively
Handling Breach of Employment Contract o
Understanding the difference between
contractual breach and statutory breach o
Distinguishing the breach of contract
between employees and employers o
Sexual harassment: when it amounts to breach
of contract o Case Study |
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Day 2 ·
Employment Termination: The Procedural, Legal and
Practical Aspects o
Types of termination o
Key reasons for termination initiated by
employer o
Current scenario of termination of
employment o
Justifying the termination – legal &
practical aspects o
Compensation and Remedies for termination in
Industrial Law o
Case Study ·
Effective Domestic Investigation and Prosecution o
Setting up a reliable investigation team o
Effective methods of investigation o
Compilation of evidence o
Identifying potential witnesses o
The investigation report o
How to frame appropriate charges o
Basic rules and procedures of the due process o
Case study ·
Employment Implications Upon The Sale of A
Business o
The governing law o
Obligations of the Vendor and Purchaser o
Position of employees outside the scope of the EA o
Pitfalls & preventive measures o
Change and reorganisation o
Redundancy (collective and individual), retrenchment o
Case Study ·
Avoiding Constructive Dismissal Claims o
What is ‘constructive dismissal’?
- Forced resignation
- Indirect dismissal o
When breach of contract by an employer may amount to constructive
dismissal o
Time Frame o
How to avoid claims for constructive dismissal o
Case Study |
Training Methodology ·
Participative
training style: have the opportunity to apply the learning in your workplace ·
Lectures on
key employment law delivered through a combination of legal know-how and
practical application to your workplace ·
Engaging,
practical training with Q&A throughout ·
Case study
led instruction (including role play) and learning for HR and business
application: the opportunity to work through case studies on the key HR and
employment law issues which will illustrate and consolidate key learning
points of the law and practice. · Presentation supplemented by training documentation & handouts & break-out sessions. Training Facilitator Yokaselvi Subramaniam AMIM,
MIM-CPT LL.B
(Ext)(University of London) |
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Administrative Details Fees: MIM Member: RM1,100 Non-Member: RM1,270 Duration: 2 days Time: 9:00 a.m. – 5:30 p.m. Venue: MIM Management House Kuala Lumpur | ||