LAWS RELATED EMPLOYMENT ORDINATEPresentation Transcript
UNIVERSITI TUN HUSSEIN ONN MALAYSIA 86400 PARIT RAJA BATU PAHAT JOHORNUR ADILAH BINTI SAMSUDIN CE100165NURUL SYAUQEEN BT MUSTAFA CE100190RAJA FAIRUZ NABILA BT RAJA MUDZAFAR SHAH CE100202
LAWS OF MALAYSIA Mainly based on the common law legal system This was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s The supreme law of the land, the Constitution of Malaysia sets out the legal framework and rights of Malaysian citizens Federal laws enacted by the Parliament of Malaysia apply throughout the country. The constitution of Malaysia also provides for a unique dual justice system, the secular laws (criminal and civil) and sharia laws
Law protects basic prevents individuals Law ensures a safeindividual rights and in powerful position and peaceful society, freedom such as from taking an unfair in which individual liberty, equality and advantage of other rightsare preserved. freedom of speech people
• Clearly determine the topic instructions, what related to the topic and looking forIdentify the title the references. of the topic • Recognize the main point, and arrange it to become good contents.Division of main point of topic • Divide points to group members to study and review the content individually.Division of Task • Explain each point to members and understand the whole topic together to make a good report. Addition of the image or pictures related in this topic is needed to be Technique easily understood. • Writing the report chapter by chapter by following the criterias given and doubleReport Writing check the content.
EMPLOYEES Any employee employed in manualAny employee as long work including artisan, apprentice, transport operator, supervisors oras his month wages is overseers of manual workers,less than RM2000.00. persons employed on vessels and even domestic servants are classified as employees even if their wages is more than RM2000.00 per month
Contract of service means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that the other agrees to serve his employer as his employee and includes an apprenticeship contract A contract of service must contain a provision for its termination. In the absence of any agreement to the contrary, period of notice for termination of contracts shall be as follows: 4 weeks’ notice if the employee employed for less than 2 years; 6 weeks’ notice if so employed for over 2 years but less than 5 years; 8 weeks’ notice if so employed for 5 years or more.
Every employer shall pay to each ofhis employees not later than theseventh dayAdvances to employees shall not exceed the aggregate theamount of wages which the employee earned in thepreceding month, unless such advance is made to theemployee to enable him: • to purchase a house or to build or improve a house; • to enable him to purchase land • to enable him to purchase livestock;
WORKING HOUR SICK LEAVE OVERTIME OTHER BENEFIT PUBLIC RESTHOLIDAYS DAY ANNUAL LEAVE
OVERTIME For any overtime work carried out in excess of the normal hours of work, the employee shall be paid at a rate not less than one and half times his hourly rate of pay. No employer shall require or permit an employee to work overtime exceeding such limit as may be prescribed by the Minister from time to time by regulations made under this Act.
Every employee shall be entitled to paid holiday at his ordinary rate of pay on the following days in any one calendar year: National Day Birthday of the Yang di-Pertuan Agong Birthday of the Ruler or the Yang di-Pertua Negeri of the State or the Federal Territory Day Workers’ Day any day declared as a public holiday under section 8 of the Holidays Act 1951
SEXUAL HARASSMENT AT THE WORKPLACE The word “harass” includes quite a broad spectrum of action; distress, badger, trouble, vex, plunge, torment, irritate, heckle, beset, worry, afflict, depress, sadden, annoy and disturb. In a workplace, sexual harassment becomes a form of sexual discrimination, which is contrary to the principles of equal rights for men and women. On late, there has been much emphasis on the problem of sexual harassment at the workplace, so mush so, the Minister of Human Resource has introduced the Code of Practice to Prevent and Eradicate Sexual Harassment at the “workplace”, which includes a guideline to be followed in combating the problem of sexual harassment. The complaint of sexual harassment means by any complaint relating to sexual harassment made: i. by an employee against another employee; ii. by an employee against any employer; or iii. by an employer against an employee.
• An Act to provide for the payment of compensation benefits to a foreign worker who possesses valid employment document for injuries sustained due to accident which arises out of or in the course of employment or if death results from the accident, to the dependants.• This act is to protect the workman. Section 2(1) provides among others "...."workman"...Means any person who has, either before or after the commencement of this Act entered into or works under a contract of service or of apprenticeship with an employer, whether the contract is expressed or implied or is oral or in writing, whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period....."• Malaysian workers are no longer covered under the Workmens Compensation Act 1952 with effective from 1st July 1992. Local workers will be covered under the Employees Social Security Act 1969.
whose earnings are not more than RM500 per Only foreign workers are month and covered under this Act inrespect of compensation foremployment injury as well asnon-employment injury vide Workmens Compensation (Foreign Workers Scheme)(Insurance) Order 1993.This Act applies to foreign workers: all manual workers irrespective of the wage
Permanent DisabilityTemporary Fatal Disability Categories of Workmen’s Compensation Claim
a. Failure to submit Notice of Accident - Section 13 Fine RM 5,000 Fine RM of the Act.First Offence Second offence 10,000b. Failure to submit Report /Information (section 23) Fine RM 5,000c. Fine RM 20,000 OR Failure of the employer to insure and keep himself Imprisonment of a term not insured -Section 26(1) of the Act. exceeding 2 years or to both fine and imprisonmentd. Deduction from wages of a workman to defray the Fine RM 5,000 OR cost of obtaining an insurance policy - Section 26(5) Imprisonment for a term not exceeding one year or to both fine and imprisonment
The Social Security Organization is an organization set up to administer,enforce and implement the Employees Social Security Act, 1969 and theEmployees Social Security (General) Regulations 1971.The Social Security Organization provides social security protection by socialinsurance including medical and cash benefits, provision of artificial aids andrehabilitation to employees to reduce the sufferings and to provide financialguarantees and protection to the family.SOCSO is the abbreviation for Social Security Organization. It is commonlyknown in the Malay term as PERKESO or Pertubuhan Keselamatan Sosial.
Government An employee employed under a contract of service or apprenticeship employees.and earning a monthly wages of RM3,000 and below must compulsorilyregister and contribute to SOCSO regardless of the employment status whether it is permanent, temporary or casual in nature. An employee must be registered with the SOCSO irrespective of the age.SOCSO only covers Malaysian workers and permanent residents. As a result, foreign workers are protected under the Workmens Compensation Act 1952.
SOCSO provides coverage to eligible employees through 2 schemes namely Employment • Employment Injury Insurance Scheme and Injury Invalidity Pension Scheme. • The contribution payment is made by both Insurance First the employer and employee Category Scheme Invalidity • Employment Injury Insurance Scheme Only. The contribution is paid by the Pension employer only. • An employee who is not eligible for Second Scheme. Category coverage under the Invalidity Pension Scheme is protected under this category.
- Employment Act is explained - The Act provides for the Social Security Organization (SOCSO)Employment Act 1955 Workmen’s Compensation Act 1952 about the responsibility of payment of compensation for - There is no doubt that the employer and employee. As injuries sustained in accidents numerous benefits available employer, they also have to during employment and through the schemes under the know what should they do, and imposes an obligation on the Act are adequate but continuous follow the rules of recruitment employers to insure workers. enforcement needs to be carried of employer and as an Local worker no longer covered out. In terms of employer and employee, they should know by this Act. They will be employee contribution, strict what should they do and rules covered under the Employees enforcement and prosecution for that need to be followed. Social Security Act 1969. failure to register or contribute - Based on understanding after -Only the Foreign Workers’ should be continued. It is noted studying this act, employer can Compensation Scheme that many employers do not take any action if any of their (Insurance) Order 2005 issued contribute on behalf of their employee doing something that under this Act requires every employees, either through wrong and convicted so does employer employing foreign ignorance or plain willfulness. with the employee. An workers to insure with the - Although SOCSO officers carry employee also can take any panel of insurance companies out regular checks on employers action to protect them if the appointed under this order and to ensure they are registered with rules of working in the to effect payment of the organization and are making company or factory are not compensation for injuries payments as required by the law, practical and unlawful as in sustained from accidents but there are too few officers to Employment Act 1955. during and outside working check on all the employers. It is hours. also clear that the duty to provide reimbursement treatment, free medical care and counter service should be extended to all employees and hospitals.
EFFECT ON PUBLIC AND ECONOMYLife is protected • The employer will responsible with any problems of their workers and also the employee is always tried to achieve the mission and vision of company with wages that equivalent with their dutiesNo discrimination • The employment rights are equal between foreign workers and local workers. The foreign workers do not feel discriminated against by employers and local employees.Protection of Foreign Workers • They are protected by the laws under Workmen’s Compensation Act 1952. They will get the compensation’s claim if there are any disabilities happened to them and it is a responsibility from the employer.
Law ensures a safe and peaceful society, in whichindividual rights are preserved.Certain governments have cruel laws, where police and armies arrests and punishes people without a trial in the court. Itprevents individuals in powerful position from taking an unfair advantage of other people. Based on the topic of the Laws Related Employment Ordinance, there is three types of laws related employment that is employment act 1955 (Act A1419), Workmen’s compensation act 1952 (Act 273), and Society Security Organisation (Act 1999).