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Published by srirham22051991, 2017-07-13 03:45:18

The HR Managerss Handbook

IFSA 2013:



COMMENTARIES ON



ISLAMIC BANKING


AND FINANCE



Mohd Johan Lee
Umar Oseni




















T. BALASUBRAMANIAM
Cert. in Ed., B. Soc. Sc.(Hons.), LLB. (Hons.)












CLJ Publication

Perpustakaan Negara Malaysia Cataloguing-in-Publication Data
Balasubramaniam, T., 1938-
THE HR MANAGERS HANDBOOK / T. BALASUBRAMANIAM.
Includes index
ISBN 978-967-457-110-8
1. Personnel management--Handbooks, manuals, etc.
2. Management--Handbooks, manuals, etc.
3. Leadership--Handbooks, manuals, etc.
I. Title.
658.3


Published by
The Malaysian Current Law Journal Sdn Bhd
Unit E1-2, BLK E, Jln Selaman 1
Dataran De Palma, 68000 Ampang,
Selangor Darul Ehsan, Malaysia
[Co No 51143 M]
Tel: 603-42705400 Fax: 603-42705401


2017 © The Malaysian Current Law Journal Sdn Bhd (‘MCLJ’).
All rights reserved. No part of this publication may be reproduced or transmitted in
any material form or by any means, including photocopying and recording, or storing
in any medium by electronic means and whether or not transiently or incidentally to
some other use of this publication, without the written permission of the copyright
holder, application for which should be addressed to the publisher. Such written
permission must also be obtained before any part of this publication is stored in a
retrieval system of any nature.


Although every effort has been made to ensure accuracy of this publication,
The Malaysian Current Law Journal accepts no responsibility for errors
or omissions, if any.

Reprinted: 2017

Edited by Sivabarathi Munikanan
Index by Suhainah Wahiduddin
Cover Design by Nurhamimi Mohamad
Typeset by Afrihidayati Asep Hidayat





Printed by
Printmate Sdn Bhd
No. 14 & 16, Jalan Industri P.B.P. 7,
Taman Industri Pusat Bandar Puchong,
47100 Puchong, Selangor Darul Ehsan.

Contents



CONTENTS



Preface i

Foreword iii
List of Abbreviations v
Table of Cases vii



Chapter 01 Drafting an Employees Handbook 1
– Introduction 1
– EA Provisions That Are Worth Incorporating 2
– Sample Job Application Form 10
– Sample Employees Handbook 12

Chapter 02 Domestic Inquiry Procedure 41
– Preparatory Steps 41
– Case Preparation 47
– The Inquiry Proper 48
– Sample Of Panel Report 52

Chapter 03 Calculations under the Employment
Act 1955 (EA) 55
– Who Comes within the Meaning of
‘Employee’ under the EA 56
– Ordinary Rate of Pay (ORP) 56
– Hourly Rate of Pay (HRP) 57
– Overtime Payments 57
– Payment for Work on Rest Day 58
– Payment for Work on Public Holiday 58
– Deduction for Absence on Working Day
Preceding or Succeeding a Public Holiday 59
– Average True Days Wage (ATDW) for the
Payment of Termination Benefits 60
– Termination Benefits 62

Contents



Chapter 04 FAQs On Employment Act 1955 and
Regulations 63

Chapter 05 Termination of Employment 73
– Breach of Contract 73
– Abandonment of Contract 78
– Constructive Dismissal 79
– Closure of Business 81
– Fixed Term Contract 83
– Probationers 86
– Poor Performance 88
– Resignation 91
– Retirement 93
– Retrenchment 95
– Voluntary Separation Scheme 99


Chapter 06 Union Recognition 103

Chapter 07 Collective Bargaining 115

Chapter 08 FAQs on Industrial Relations Act 1967 123


Appendix Code of Conduct for Industrial Harmony 129

Index 157

Foreword iii
HAKIM JUDGE
MAHKAMAH RAYUAN MALAYSIA COURT OF APPEAL MALAYSIA
PUTRAJAYA PUTRAJAYA


FOREWORD

The HR Manager plays a crucial role in the effective management of the
company’s key resource – the human capital. It is a key resource because it has
the power to either promote the company’s productivity or to cause it to decline.
Compliance with labour law and best practices is a necessary requirement for
the HR Manager today. The Industrial Court and civil courts are always vigilant
in enforcing compliance with the evolving body of statutory and case law
principles relating to HR management.
It is important that all stakeholders be committed to ensuring a harmonious
industrial relations climate in the country so that there will be increased
productivity and greater industrial harmony.

In this Handbook Mr. T. Balasubramaniam provides a practical manual of
guidelines covering a broad spectrum of HR activities. I have no doubt that
this Handbook would provide answers for the HR Managers’ concern to
achieve industrial harmony in their organisation.
Several topics of relevance to HR Managers have been dealt with in this book.
It focuses both on principles and procedures and serves as an effective manual
for HR Managers to promote industrial harmony and avoid disputes in the
workplace.

In penning this foreword, I wish to state that in my view Pursuit and
Dissemination of Knowledge is the greatest form of devotion to the Almighty.
I take this opportunity to congratulate the author for his sacrosanct path to
disseminate knowledge by the publication of this book.







Datuk Dr. Haji Hamid Sultan bin Abu Backer
Judge
Court of Appeal, Malaysia


28 September 2016



Aras 4, Istana Kehakiman, Presint 3, 62506 Putrajaya
Tel : 03-8880 3500 Fax : 03-8880 3093

iv Foreword
















This page is intentionally left blank.

Preface i



PREFACE


As a consultant to employers during the last 40 years I came across
many HR practitioners who were having difficulty as to how the
Employees Handbook, certain letters like show cause letters, notice of
inquiry etc., should be prepared. In order to provide a useful guideline,
I started writing this book and included samples of all such documents.
This book also contains information on how an Employees Handbook
should be drafted incorporating some of the statutory provisions in
the Employment Act. There is a chapter that provides step by step
approach to the Domestic Inquiry Procedure. One chapter explains
how the various calculations are made under the Employment Act 1955.

There are 40 frequently asked questions and answers on the
Employment Act 1955 included in this book. There are also chapters
dealing with union recognition and collective bargaining. The chapter
on Termination of Employment looks at each of the different types of
termination of employment and explains how the HR Manager should
deal with them.

I am grateful for the assistance rendered by many and in particular
CLJ who have been very helpful in publishing this book. I am also
grateful to my brother, T. Sivasubramaniam of T. Siva & Co and my
colleagues Justin and David for proof reading some of the chapters
and making several valuable suggestions, my dear wife Sarasvathy
who I am proud to say has recently graduated at the age of 75 from
OUM with a Bachelor in Human Resource Management (Hons) for
her valuable inputs and to Santhi and Mazni for their painstaking
efforts in typing parts of the manuscript and Zanna for technical
assistance.



T. Balasubramaniam
Chairman
Meca Employers Consulting Agency Sdn. Bhd.
Meca Centre For Industrial Relations Sdn. Bhd.
13A-05, PJX-HM Shah Tower
Level 13A, No.16A, Persiaran Barat
46050 Petaling Jaya, Selangor
03-7610 0190

ii Preface
















This page is intentionally left blank.

Chapter 01






DRAFTING AN



EMPLOYEES


HANDBOOK

Drafting An Employees Handbook 1



DRAFTING AN EMPLOYEES HANDBOOK


INTRODUCTION

It is important for every employee to be provided with an Employees
Handbook containing the terms and conditions of employment. This
is because reg. 8(1) of the Employment Regulations 1957 requires the
employer to provide every one of his employees with particulars of
his terms and conditions of employment. Further, s. 10(1) of the
Employment Act 1955 (‘EA’) requires that every contract of
employment for work exceeding one month should be in writing.
Another important reason why terms and conditions of employment
should be in writing stems from s. 69(1)(a) of the EA. This section
entitles an employee to file a claim before the Labour Court in respect
of wages or any other payments in cash due to him under any term of
his contract of service.
Besides this statutory requirement, it needs hardly be said that people
will only agree to undertake employment if they are made aware of the
terms and conditions of employment. Although sometimes employees
may commence work by information given orally, it is important that
they should be set out in writing so that there is no disagreement later.
A comprehensive handbook will serve this purpose well, besides
complying with the statutory requirements.

Before embarking on producing a new handbook, we should be clear
in our mind that the objective is to provide information to the
employee on what he needs to know about the company, its policies,
rules and regulations. A well-prepared handbook also helps to project
the good image of the company. If there is a CA in a workplace, it is not
necessary to have a separate Employees Handbook for those who
come under the scope of the CA.

The drafting of an Employees Handbook would entail perusing the
relevant documents such as letters of appointments, staff circulars
and company policy and bringing existing terms and conditions in
line with industry best practices and compliance with prevailing laws.
Most of the provisions of the EA are not applicable to employees who

10 The HR Managers Handbook



SAMPLE JOB APPLICATION FORM

A sample job application form and sample of the terms and conditions
of employment are as follows:



APPLICATION FORM

I hereby apply for employment with ………………… and declare that the
information given below is true and that I have not withheld any relevant
information.
PERSONAL DETAILS

FULL NAME: IC NO:

HOME ADDRESS: TEL NO:
(H) (HP) AGE: DOB:

EPF (KWSP) NO: SOCSO NO: MARITAL STATUS:
NO. OF CHILDREN: NAME OF SPOUSE:

TEL NO: (H)___________(HP)__________
QUALIFICATIONS

HIGHEST EDUCATIONAL QUALIFICATION:

PROFESSIONAL QUALIFICATION (IF ANY):
LEVEL OF COMPUTER LITERACY:

PREVIOUS EMPLOYER’S NAME AND ADDRESS:
POSITION HELD: LAST DRAWN SALARY:

REASON FOR LEAVING:
WERE YOU AT ANY TIME DISMISSED FROM ANY EMPLOYMENT?

Chapter 02






DOMESTIC



INQUIRY



PROCEDURE

Domestic Inquiry Procedure 41



DOMESTIC INQUIRY PROCEDURE


PREPARATORY STEPS
Before embarking on a domestic inquiry (DI) certain preparatory
steps have to be taken to ensure that the DI is properly conducted.
These are as follows:

(i) Avoid Condonation
When misconduct is reported, it is important that action is taken as
soon as possible. If no action is taken promptly and the employee is
permitted to carry on with his work, it will be said that his misconduct
has been condoned, and any subsequent disciplinary action will face
the risk of being set aside by the Industrial Court.
(ii) Investigation

As soon as a misconduct is reported, it is necessary to carry out a
proper investigation in order to establish a prima facie case for the
company and to frame appropriate charges. If it is a serious misconduct
that is alleged and if the management does not want the employee to
be on the premises while investigation is being carried out the employee
can be suspended pending completion of the investigation. This
suspension will be on half pay for a period not exceeding two weeks in
the case of employees who are covered under the EA. This is mainly
those who are earning a wage not exceeding RM2000 per month, and
those irrespective of their wage who are engaged in manual labour,
drivers of mechanically propelled vehicles and supervisors of manual
labourers. In the case of employees who are outside the scope of the
EA, they can only be put on half pay suspension if their Employees
Handbook or their contract of employment has a specific provision
providing for this. Otherwise, their suspension would have to be on
full pay. A sample letter for a suspension pending investigation is as
follows:

Domestic Inquiry Procedure 43



Dear Mr Muthu,

Show Cause Letter
It has been reported that on ... (date) at about ... (time) am/pm you
were found sleeping in the store room when you were supposed to be
on duty.
You are hereby required to submit your explanation in writing by ...
(date) failing which it will be assumed that you have no explanation to
offer, and appropriate disciplinary action will be taken. Pending
completion of this investigation, you are hereby suspended on half pay
for two weeks, but if the suspension has to be extended beyond two
weeks, it will be on full pay.



Yours Sincerely,
.............…………….……………
Human Resource Manager



The employee can be given three or four working days to answer the
show cause letter. The next step is to decide on whether or not a DI has
to be conducted. This depends on the accused employee’s reply to the
show cause letter. His reply is called a letter of explanation. If he replies
denying the allegation, then it is necessary to proceed with the DI so
that witnesses can be called to prove the charges. If he replies admitting
to the charges or giving an explanation that is not acceptable, then there
is no need for a DI. For example, if in response to the above sample show
cause letter, he replies saying that he was sleeping because he had taken
some medication that is not an acceptable explanation. In such a case, a
reply could be given as follows:

Chapter 03







CALCULATIONS



UNDER THE


EMPLOYMENT



ACT 1955 (EA)

Calculations Under The
Employment Act 1955 (EA) 55



CALCULATIONS UNDER THE EMPLOYMENT
ACT 1955 (EA)

In this chapter we shall be looking at how the following are calculated.

1. Who comes within the meaning of ‘employee’ under the EA;
2. Ordinary rate of pay (ORP);
3. Hourly rate of pay (HRP);
4. Overtime payments;
5. Payment for work on rest day;
6. Payment for work on public holiday;
7. Deduction for Absence on Working Day Preceding or
Succeeding a Public Holiday;
8. Average true days wage for the payment of termination benefits;
and
9. Termination benefits.

Before we begin the calculations, lets us assume that the contract of
service of Hamid, provides for his monthly wage as follows:

Basic (fixed) 1500.00
Housing allowance (fixed) 150.00
Travelling allowance (fixed) 100.00
Food allowance (fixed) 50.00
Commission (variable) 380.00
Overtime (variable) 300.00
Total 2480.00
The variable payments are payments that are not predetermined fixed
payments. In Hamid’s case, his contract of service states that he will
qualify for a commission of RM380 if he sells ten of the company’s
product per month. He is also told that if he does 15 hours of overtime
per month, he will be paid RM300. These two payments are variable
payments that may vary from month to month but for the purpose of
this exercise let us assume that they are constant.

56 The HR Managers Handbook



1. Does Hamid Come Within the Meaning of ‘Employee’ under
the EA?

Para 1 of the First Schedule of the EA states that any person, irrespective
of his occupation, who has entered into a contract of service under
which his wages do not exceed RM2000 a month is an employee who
comes under the scope of the EA. Paragraph 3 states that for the
purpose of the First Schedule ‘wages’ means wages as defined in s. 2
but does not include commission, subsistence allowance and overtime
payment.

Although Hamid’s total salary is RM2480, we need to exclude
commission and overtime payment by virtue of para. 3 of the First
Schedule of the EA. Further by virtue of the definition of ‘wage’ in s. 2
of the EA, travelling allowance has to be excluded. Therefore for the
purpose of the First Schedule, Hamid’s wage is only basic salary of
RM1500+housing allowance RM150+food allowance RM50 = RM1700
which means that he is an ‘employee’ within the EA since his salary is
less than RM2000.

2. Ordinary Rate of Pay (ORP)

Section 60I(1)(a) of the EA defines ORP as wages defined in s. 2 which
an employee is entitled to receive under the terms of his contract of
service for the normal hours of work for one day. Based on this
definition, travelling allowance and overtime payment earned by
Hamid would have to be excluded. This means that the ORP would
have to be calculated based on his basic pay, housing allowance,
commission, and food allowance all of which add up to RM2080 which
is his monthly salary for the purpose of determining ORP.

The formula for calculating ORP is

monthly salary = RM2080 = RM80
26 26

Therefore his ORP is RM80

Chapter 04







FAQS ON


EMPLOYMENT



ACT 1955 AND


REGULATIONS

FAQs On Employment Act 1955 And Regulations 63



FAQS ON EMPLOYMENT ACT 1955 AND
REGULATIONS

1. Hassan is working as a driver. His last drawn salary is RM2,450.
Is he covered by the EA?
Ans: Yes, as a driver he is covered by virtue of para. 2(2) of the
First Schedule of the EA.
2. Meenachi had a miscarriage on the 23rd week of her pregnancy. Is
she entitled to paid maternity leave?
Ans: Yes, she is entitled to paid maternity leave because under
s. 2 of the EA, confinement is defined as occurring after at least
22 weeks of pregnancy.
3. ABC Company pays a shift allowance of RM3.50 for the second
shift and RM5 for the third shift. Zainal is permanently in the
third shift. Is he entitled to the shift allowance?

Ans: No, because shift work is defined in s. 2 as work which is
carried on by two or more shifts. Since Zainal is permanently on
the third shift he is not engaged in a shift work.
4. Ah Chong joined ABC Company as an executive at a salary of
RM1,400. A clause in his contract of service states that executives
are not entitled to any overtime. Is this valid?
Ans: No, it is not valid, because para. 1 of the First Schedule of the
EA 1955 states that ‘irrespective of his occupation’ a person is
covered under the EA if his wages do not exceed RM2000.
Moreover, s. 7 of the EA provides that any condition in a contract
of service which is less favorable, then, the law is void.
5. Ah Chong has served you 6 weeks’ notice of resignation. After
working for 4 weeks he is unable to wait any longer as his new
employer wants him to come immediately. How much indemnity
does Ah Chong have to pay you?
Ans: Only the salary in lieu of the balance of the notice period,
which is two weeks salary in lieu of notice by virtue of s. 13(1) of
the EA.

Chapter 05






TERMINATION OF



EMPLOYMENT

Termination Of Employment 73



TERMINATION OF EMPLOYMENT


This chapter which pertains to termination of employment will not
be dealing in detail with the law on the various types of termination of
employment. That has already been adequately dealt with in several
other books. The aim here is to provide sample letters that could be
used whenever a termination occurs on any of the following grounds.

1. Breach of contract;
2. Abandonment of contract;
3. Constructive dismissal;
4. Closure of business;
5. Fixed term contract;
6. Probationers;
7. Poor performance;
8. Resignation;
9. Retirement;
10. Retrenchment; and
11. Voluntary Separation Scheme.

1. Breach of Contract

Section 13(2) of the EA reads as follows: ‘Either party to a contract of
service may terminate such contract of service without notice in the
event of any willful breach by the other party of a condition of the
contract of service.’

While this is applicable only to employees who are covered under the
EA, it is also the position in common law applicable to all employees.
If an employee commits a willful breach of a term in the contract of
employment, the employer has a right to terminate the service of the
employee without notice. For example, if the contract of employment
contains a provision that the employee is transferable and the
employee refuses to go on transfer, that would be a breach of contract.
Before terminating the service of the employee a letter could be issued
to the employee as follows:

74 The HR Managers Handbook




Dear Mr Chong,
We acknowledge receipt of your letter dated in which youu
have stated that you are unable to comply with the transfer order that
was issued to you on . Please note that under the terms of
your contract of employment, you are transferable to any of the
company’s branches. As such, if you fail to comply with the order, the
company will have no alternative but to terminate your service without
notice for breach of contract.

Yours sincerely,



Human Resource Manager



If the employee fails to comply with the transfer order by the stipulated
date, a letter terminating his service could be issued as follows:



Dear Mr Chong,
Termination of Employment

Further to our letter dated we regret to note that you have
failed to comply with the transfer order that was issued to you on
. This is a willful breach of a term in your contract of
employment which reads as follows:

‘All employees are transferrable to any of the company’s braches or
subsidiaries throughout Malaysia.’

In view of this, your service is hereby terminated with immediate effect.
Please return all company properties in your possession before leaving
the premises.

Yours sincerely,



Human Resource Manager

Chapter 06






UNION



RECOGNITION

Union Recognition 103



UNION RECOGNITION


Section 9(2) of the Industrial Relations Act 1967 (‘IRA’) provides that
a trade union of workmen may serve on an employer or on a trade
union of employers a claim for recognition in writing in the prescribed
form. The claim for recognition is subject to the restriction imposed
by s. 9(1) ie, if it is a union whose membership comprises mainly of
general staff, it cannot claim recognition in respect of workmen in any
of the four excluded categories namely managerial, executive,
confidential and security capacity. The claim for recognition should
be in a prescribed form which is Form A which is found in the Schedule
of the Industrial Relations Regulations 2009 (hereinafter referred to
as ‘IR Regulations’).

Upon receiving the claim for recognition, the employer will first need
to check if the following requirements have been complied with.
1. Is the claim in respect of the whole company or is it only for a
branch.

In Federal Transport Service Company Limited and Transport Workers’
Union, Federation of Malaya Award No. 5 of 1965 (unreported), the
union claimed recognition only in relation to workers in the Kuala
Kangsar branch and not in relation to the workers in the Butterworth
branch. The Industrial Arbitration Tribunal held as follows:

‘Recognition should be in relation to all the workers in the Company.
That is to say, all workers employed by the Company both in Butterworth
and in Kuala Kangsar.’

When a trade union of workmen files a claim for recognition on an
‘establishment’ it does not mean that particular workplace only. This
is because the term ‘establishment’ is defined in s. 2 of the Trade Unions
Act 1959 as ‘any place of business or employment belonging to an
employer and includes any division or branch thereof’.

Chapter 07






COLLECTIVE



BARGAINING

Collective Bargaining 115



COLLECTIVE BARGAINING


Collective Bargaining is defined in s. 2 of the IRA as negotiating with a
view to the conclusion of a Collective Agreement (‘CA’). CA is defined
as ‘an agreement in writing concluded between an employer or a trade
union of employers on the one hand and the trade union of workmen
on the other relating to terms and conditions of employment and
work of workmen or concerning relations between such parties.’

From the above definition it is clear that for an agreement to come
within the statutory meaning of CA, it has to be an agreement in
writing between an employer or a trade union of employers on the
one hand and a trade union of workmen on the other. This raises the
question of whether or not an agreement signed on the one hand by
say five different employers within the same industry with a national
union on the other hand comes within the meaning of a CA. It appears
doubtful that such an agreement can come within the meaning of a
CA. This is because if there is to be more than one employer as a party
to the CA, it would have to be a trade union of employers.

Since the definition of CA specifies that the party on behalf of the
workmen has to be a trade union of workmen, any other organisation
such as a society registered under the Societies Act 1966 cannot be a
party to a CA. If at all an agreement that does not come within the
statutory definition of the term CA is signed, that agreement is not
supposed to be enforceable by the Industrial Court. However in
Industrial Court Awards 265 to 287 of 1983, [1984] ILR March p. 155,
the Race Course General Employees Union made non-compliance
and other complaints against various trainers over provisions in an
agreement between the said Union and the Malaysian Race Horse
Trainers Association which is not a trade union of employers but an
organisation registered under the Societies Act. In such a case the
agreement does not come within the meaning of a CA. It is not clear on
what basis the Industrial Court heard these cases as non-compliance
of CAs.

Chapter 08






FAQS ON



INDUSTRIAL



RELATIONS ACT


1967

FAQs On Industrial Relations Act 1967 123



FAQS ON INDUSTRIAL RELATIONS ACT 1967

1. In company ABC, the union leader in trying to force the workers
to boycott overtime hid some of the tools used by the electrician.
On what basis may action be taken against him?
Ans: Under s. 39(c) of the Industrial Relations Act 1967 (‘IRA’),
hiding the tools is an act of intimidation which is a criminal
offence. Regardless of whether or not the union leader is
prosecuted, the company can take disciplinary action against him.
2. The CA signed between ABC Company and XYZ Union contains
the following clause:
‘All employees shall be entitled to only five public holidays.’ Which
section of the IRA does this contravene?
Ans: As the statutory minimum number of public holidays that an
employee is entitled to under the EA is 11 days, this clause is less
favourable than the law. As such it is void under s. 14(3) of the IRA.

3. When is picketing illegal?
Ans: Picketing is illegal in the following situations:

(i) when a claim for recognition is pending or has been decided
upon by the Minister; s. 10(1) of the IRA;
(ii) if it is not in furtherance of a trade dispute; s. 40(1) of the
IRA;
(iii) if it occurs after a dispute has been referred to the court and
the parties have been informed; s. 40(2A)(b) of the IRA; and
(iv) if there is intimidation, obstruction of the entrance or exit
of the premises or if it leads to a breach of peace; s. 40(1) of
the IRA.

4. ABC Company wishes to terminate Ali’s services who is a
probationer and seeks your advice on its maximum liability in
the event the court finds the dismissal to be without just cause.
Ans: The Second Schedule of the IRA provides that if a probationer
has been dismissed without just cause, any back wages ordered

Code Of Conduct For Industrial Harmony 131



CONTENTS


FOREWORD 127

Code of Conduct for Industrial Harmony 131
Areas For Co-operation And Agreed
Industrial Relations Practices – Document 1 134



RESPONSIBILITIES

At the level of the Establishment or Undertaking 134
At National or Industry Level 136




EMPLOYMENT POLICY
Recruitment 139

Training 139

Payment System 140
Security of Employment 140

Redundancy and Retrenchment 140

Working Conditions 142

132 The HR Managers Handbook



COLLECTIVE BARGAINING

Recognition of Trade Unions 142
Where Recognition has been Accorded 143

Negotiating Procedures 143

Collective Agreements 144
Procedure for Resolving Collective Dispute 145

Procedure for Resolving Individual Grievance 145

Procedure for Disciplinary Action 146



COMMUNICATION AND CONSULTATION

Communication 148
Joint Consultation and Works Committee 149

Appendix 1 150

THE HR





MANAGERS HANDBOOK




This book is designed as a ready reckoner for all Human Resource
practitioners. The first chapter deals with how an Employees Handbook should
be prepared and provides a sample. The second chapter deals with a step
by step approach to Domestic Inquiry Procedure with samples of all the
relevant letters. The third chapter explains how all the calculations should be
done under the Employment Act 1955. Chapter four is a set of 40 FAQs and
answers on the Employment Act and Regulations. Chapter five deals with the
different types of termination of employment and provides sample letters.
Chapter six deals with how a claim for recognition from a Union should be
dealt with and chapter seven is about Collective Bargaining. Chapter eight is
a set of FAQs and answers on the Industrial Relations Act 1967. The Code of
Conduct for Industrial Harmony is also reproduced as easy reference. The aim
of this book is to provide a practical guide on all matters that HR Managers
have to deal with.


About the Author

T. Balasubramaniam began his career as a Kirkby trained
teacher in 1960 and has been involved in industrial relations
since 1961 when he was Secretary of MTUC Terengganu
Division. After obtaining a Second Class Upper Honours in
Social Science (Econs) with distinction in Industrial Relations,
he joined the Malayan Council of Employers Organisations
(MCEO) as the Deputy Secretary in 1976. With the dissolution
of MCEO in 1978, he was appointed as Industrial Relations Advisor in MEF.
While in MEF he obtained his LLB(Hons).
Following his retirement in 1996, he founded Meca Employers Consulting
Agency in which he was the CEO and Principal Legal Advisor. In December
2007, he retired from MECA but continues as Chairman and remains involved
in an advisory capacity. He has served on the National Labour Advisory
Council and has represented employers before the Industrial Court and
Labour Court. He has also served as a part-time lecturer in Labour Law at
Universiti Kebangsaan Malaysia, part-time tutor in Economics at University
Malaya and in Quantitative Methods at Universiti Sains Malaysia. He has
conducted numerous courses on labour law and industrial relations for the
past 40 years. He has authored two previous books on labour law.


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