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| Title | : | TERMINATION OF EMPLOYMENT "Do's and Don'ts & Legal Implications" |
|---|---|---|
| Date | : | 3/14/2012 - 3/15/2012 |
| Venue | : | Armada Hotel, Petaling Jaya |
| Fees | : | RM 980.00 per participant |
Introduction
HOW will you benefit
Participants will be able to :-
* How to deal with the different termination issues
* Avoid costly mistakes which leads to enormous compensation and settlement
* Know the remedies available to employers against indiscipline and poor performance
* Protection against illegal action by employees
Who Should Attend?
General Managers, Managers, Human Resource Officers and Executives, Compensation and Benefits Managers, Officers and Executives, Line Managers and Supervisors
Methodology
Lecture, Group Discussions, case studies and Q & A
Course Contents
Day 1
Distinction between Employee/Workman
Test
Definition of Termination of Employment
Differences between termination and dismissal
Under Employment Act 1955
Under Industrial Relations Act 1967
The Contract of Employment
The Common Law of Master and Servant
The Rights & Obligations of Master and Servant
Notice of Termination of Contract
Termination of Contract without notice
Termination of Contract for special reasons
When contract is deemed to be broken by employee/employer
Contractual Terms
Expressed Terms and Implied Terms – Statute Law, Collective Agreement, Custom & Practice
Summary dismissal
Grounds for summary dismissal
Types of misconduct
Dishonesty, Fraud, cheating & theft, Breach of trust, Trade Secrets, Engaging in private business, Taking bribes, Moral turpitude, Fighting or assault, Sexual harassment, Lateness or habitual absenteeism, Intoxication and drug-related offences, Insubordination, Negligence, Sleeping on duty, Sabotage, Strike
Fixed-term contract
Definition, Breach of fixed-term contract of employment, Payment of termination benefits
Retrenchment
Definition, Procedures to be adhere, Retrenchment benefits
Day 2
Termination Due to:-
Termination Simpliciter, Expiry of probationary period, Retrenchment, Retirement, Cessation of business, Frustration of Contract, Medical board-out, Forced Resignation, Resignation under duress, Constructive dismissal, Misconduct, Breach of Contract
Constructive and Unfair Dismissals
Common law & Industrial law on dismissal, Definition, Principles of constructive dismissal, Dismissal fair or unfair
Alternatives to termination
Warnings, Transfer, Suspension, Demotion, Withhold of increments or annual bonus
Remedies and avenues available to employee/workman
Section 20 of the Industrial Relations Act 1967
The methods & techniques of justifying terminations in order to avoid litigations and expensive repercussions.
Trainer’s Profile
Kamarudzman Mohd Kasby is a freelance training and management consultant. He holds a Masters in Management from UKM, Malaysia and Bachelors of Science from USA.
He is currently a Group Human Resources Manager with his main responsibilities being operational duties in relation to Manpower Planning, Compensation and Benefits, Performance Management, Industrial Relations and Recruitment and Selection for a large manufacturing organisation.
He is currently both a trainer and consultant in subjects relating to Human Resource Management, Organisational Development and General Management. His forte in training is conducting leadership-oriented courses covering areas such as people management and supervisory skills and performance management.
He also has an extensive experience in the area of Industrial Relations. He is currently in his second term as a panel member of the Industrial Court (representing the Employers). During his tenure as the Group Human Resource Manager, he has handled various types of disciplinary cases and conducted numerous domestic inquiries.
He was also one of the pioneers in drafting the Code of Conduct initiated by one of the large local organization.
Course Fees:
RM 980.00 per person per city – SBL Claimable
(includes Lunch, Tea-Breaks, Course Notes and Certificate of Completion)
Registration
Please complete the enclosed form and fax it to 03 7880 2817
HOW will you benefit
Participants will be able to :-
* How to deal with the different termination issues
* Avoid costly mistakes which leads to enormous compensation and settlement
* Know the remedies available to employers against indiscipline and poor performance
* Protection against illegal action by employees
Who Should Attend?
General Managers, Managers, Human Resource Officers and Executives, Compensation and Benefits Managers, Officers and Executives, Line Managers and Supervisors
Methodology
Lecture, Group Discussions, case studies and Q & A
Course Contents
Day 1
Distinction between Employee/Workman
Test
Definition of Termination of Employment
Differences between termination and dismissal
Under Employment Act 1955
Under Industrial Relations Act 1967
The Contract of Employment
The Common Law of Master and Servant
The Rights & Obligations of Master and Servant
Notice of Termination of Contract
Termination of Contract without notice
Termination of Contract for special reasons
When contract is deemed to be broken by employee/employer
Contractual Terms
Expressed Terms and Implied Terms – Statute Law, Collective Agreement, Custom & Practice
Summary dismissal
Grounds for summary dismissal
Types of misconduct
Dishonesty, Fraud, cheating & theft, Breach of trust, Trade Secrets, Engaging in private business, Taking bribes, Moral turpitude, Fighting or assault, Sexual harassment, Lateness or habitual absenteeism, Intoxication and drug-related offences, Insubordination, Negligence, Sleeping on duty, Sabotage, Strike
Fixed-term contract
Definition, Breach of fixed-term contract of employment, Payment of termination benefits
Retrenchment
Definition, Procedures to be adhere, Retrenchment benefits
Day 2
Termination Due to:-
Termination Simpliciter, Expiry of probationary period, Retrenchment, Retirement, Cessation of business, Frustration of Contract, Medical board-out, Forced Resignation, Resignation under duress, Constructive dismissal, Misconduct, Breach of Contract
Constructive and Unfair Dismissals
Common law & Industrial law on dismissal, Definition, Principles of constructive dismissal, Dismissal fair or unfair
Alternatives to termination
Warnings, Transfer, Suspension, Demotion, Withhold of increments or annual bonus
Remedies and avenues available to employee/workman
Section 20 of the Industrial Relations Act 1967
The methods & techniques of justifying terminations in order to avoid litigations and expensive repercussions.
Trainer’s Profile
Kamarudzman Mohd Kasby is a freelance training and management consultant. He holds a Masters in Management from UKM, Malaysia and Bachelors of Science from USA.
He is currently a Group Human Resources Manager with his main responsibilities being operational duties in relation to Manpower Planning, Compensation and Benefits, Performance Management, Industrial Relations and Recruitment and Selection for a large manufacturing organisation.
He is currently both a trainer and consultant in subjects relating to Human Resource Management, Organisational Development and General Management. His forte in training is conducting leadership-oriented courses covering areas such as people management and supervisory skills and performance management.
He also has an extensive experience in the area of Industrial Relations. He is currently in his second term as a panel member of the Industrial Court (representing the Employers). During his tenure as the Group Human Resource Manager, he has handled various types of disciplinary cases and conducted numerous domestic inquiries.
He was also one of the pioneers in drafting the Code of Conduct initiated by one of the large local organization.
Course Fees:
RM 980.00 per person per city – SBL Claimable
(includes Lunch, Tea-Breaks, Course Notes and Certificate of Completion)
Registration
Please complete the enclosed form and fax it to 03 7880 2817
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