To qualify for Early Bird Rate, payment should be received 21 days before the course. A Group Discounts are applicable for 2 or more delegates from the same company. Please fax the completed registration form to MECA at 03-76100191 and forward it together with your cheque in favour of MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD. Employers contributing to HRDF may claim up to RM1300.00 per day and economy class airfare, board and lodging where applicable, in respect of each delegate. Cancellations must be in writing. There will be no refund for cancellation made later than 7 days before the course.

MECA Centre For Industrial Relations Sdn Bhd, Suite 13A-05, Level 13A, PJX-HM Shah Tower, No. 16A Persiaran Barat, 46050 Petaling Jaya, Selangor Darul Ehsan. Tel : 03-7610 0190 / 03-7610 0189 / 03-7610 0188 Fax : 03-7610 0191, www.meca.com.my

If undelivered, please return this to : P.O Box 266, Pejabat Pos Jalan Sultan, 46730, Petaling Jaya, Selangor

Tel: 03-76100190 Fax to: 03-76100191 Email: kuhan@meca.com.my

Call MECA at 03-7610 0190 or email kuhan@meca.com.my for further details.

Please tick payment rate: EBR NR

DELEGATE(S)

I wish to attend on: Feb 5 Mar 5 Mar 11,12 Mar 17 Mar 23,24

Company Name:

Address:

Contact Person:

Designation:

Tel:

Fax:

E-mail:

Signature:

Name (1): Designation:

Tel: E-mail:

Name (2): Designation:

Tel: E-mail:

Name (3): Designation:

Tel: E-mail:

REGISTRATION FORM

BAYARAN POS JELASPOSTAGE PAID

PEJABAT POS BESARKUALA LUMPUR

MALAYSIANo. WP0819

ONE DAY COURSE TWO DAY COURSECOURSE FEES

RM1,220.00

RM1,112.00

Members Non Members

RM60.00

RM1,355.00

RM1,235.00

RM60.00

RM2,201.00

RM2,003.00

Members Non Members

RM120.00

RM2,445.00

RM2,225.00

RM120.00

Normal Rate

Early Bird Rate

Group Discount

MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD

MECA PUBLIC COURSES

The industrial relations consultants

Ramada Plaza, Dua Sentral8 Jalan Tun Sambanthan, Kuala Lumpur

(Formerly Known as Best Western Premier)

DOMESTIC INQUIRY (SEMINAR) MAR23,24 By Dharmen Sivalingam & Natalie Chong

FEB5 TERMINATION OF EMPLOYMENT

By Sujatha Selliah

MAR5

MANAGING POOR PERFORMANCE ISSUESBy T. Sivasubramaniam

MAR17 MISCONDUCT IN EMPLOYMENT

By Natalie Chong

COLLECTIVE BARGAININGMAR11,12 By Dharmen Sivalingam

COURSE CONTENT

Terminating the services of an employee in Malaysia requires a thorough knowledge of the laws and, more importantly, observance to the appropriate process. If an employer were to get this wrong, the consequences to the employer would be severe in terms of cost and effort. This course will deal with all the various types of termination. Participants will learn in detail what are the requirements and the process to be observed to justify each type of termination.

• Statutory provisions• Dismissal for misconduct• Termination of a probationer• Closure• Constructive dismissal• Expiry of fixed term contract• Frustration of contract• Termination Simpliciter• Termination for poor performance• Repudiation of contract• Retirement• Retrenchment• S.15(2)• Termination on medical grounds• Mutual separation• Breach of Contract• Forced resignation• Voluntary separation scheme

TERMINATION OF EMPLOYMENT

– 1 DAY

Managing Poor Performance is probably the most challenging aspect for managers. The laws in Malaysia make it particularly onerous for employers before an employee can be dismissed on account of poor performance. In most instances, Managers are not aware of the laws and they thus either do not comply with the requirements of the law or they do a poor job of complying with the same resulting in employees challenging the decision to dismiss.

The Poor Performance Process• What constitutes poor performance• Difference between Misconduct & Poor Performance• Poor performance – the Legal Perspective• Understanding the subjective nature of performance management• The 3 key requirements in managing poor performers

Managing Poor Performance• Dealing with under-performing probationers• Understanding the purpose of a Performance Improvement Plan• Opportunity to improve - coaching, counselling, training, motivating• Documenting the poor performance management - the key to justifying poor performance• Best practices in managing poor performers• When can termination result due to poor performance• Terminating a probationer for poor performance - is there a difference with confirmed staff• Extending the probation period - when should this be used• Notice of termination – must notice be given prior to termination

Identifying Poor Performers and Preparing for a Performance Improvement Plan (PIP)• Overview of a PIP process• Identifying tools to close the gaps on performance• Walking through the PIP Process• Best practices in managing the PIP Process

Managing Challenging Employees• Power & Authority• Influence Tactics• Influence Process• Implementing Punishment• Problem Solving Interview Terminating the Services of Poor Performers• When can termination result due to poor performance• Terminating a probationer for poor performance - is there a difference with confirmed staff• Extending the probation period - when should this be used• Notice of termination – must notice be given prior to termination

MANAGING POOR PERFORMANCE ISSUES

When a misconduct has been reported, a responsible Company must act on the same within a reasonable timeframe. Many Companies do not know what is the best way to go about investigating a report of misconduct. If the investigations are not done properly, it is likely that the misconduct will go unpunished. Likewise, the prosecutor at a Domestic Inquiry plays a crucial as he is required to convince the panel members that the accused employee is guilty based on the investigations. All of this and more will be covered thoroughly at this one-day event.

This course is divided into the following 2 modules:

Day oneEmployment Misconduct• Malingering• Sleeping on duty• Absenteeism• Lateness and leaving early• Neglect of duty and negligence• Refusal to obey instructions• Disrespect and insubordination• Theft, cheating and dishonesty• Fighting / Assault

Day twoTermination of Employment• Types of termination of employment• Termination of a Probationer• Termination on Medical Grounds• Termination for Poor Performance• Constructive Dismissal• Retrenchment• Retirement• Closure• Forced resignation• Fixed term contract• Frustration of contract• Repudiation of contract• S.15 (2)• Termination Simpliciter• Mock domestic inquiry

MISCONDUCT INEMPLOYMENT

Unionised companies will have to negotiate with the Unions on terms to be included in a Collective Agreement. This is done once every 3 years. There is methodology and laws on how best to collectively bargain with the Unions. Learn the laws that are relevant to this important area of the law so that you bargain only on terms which are bargainable. Additionally, learn how to reason with the Union when there is a difference in view. This two-day session will equip participants with the knowledge and skills to effectively enter into collective bargaining with a Union.

Day One• Statutory provision on collective bargaining• Preparatory steps for collective bargaining• Preparation for company’s counter proposal• Comparative study of other collective agreements• Costing of proposed wage increase

Day Two• Study of recent industrial court awards on collective agreement disputes• Methods of salary adjustments• Application of consumer price index• Negotiation techniques• Recent High Court decision in Prestige Ceramics Case on whether financial incapacity constitutes a ground for not paying bonus or annual increment• Mock negotiation

COLLECTIVE BARGAINING – 2 DAYS

Management’s role in effectively maintaining discipline at the workplace can be the subject matter of disputes before the courts. In recent years the number of such disputes has increased and so have the amounts that companies have been ordered to pay as damages & compensation. It is therefore very important for managers & supervisors to have a clear understanding of the legal principles that govern disciplinary proceedings, the circumstances under which they are needed and the role of the various parties involved. In this program participants will gain that understanding through lectures, case studies and practical exercises. They would also gain structured practice in the skills required to interact with staff in a disciplinary situation.

Course Content• Statutory provisions on discipline• Rules of natural justice• Duty to refer to documents on procedures/policies before taking actions (Terms & Conditions, CA, memos, circulars) - Duty to report the misconduct - Issuance of Show Cause Letter - Monitoring the reply within the stipulated period - Confidentiality of Show Cause Letter & Reply (misconduct should not be public info) • Submission to HR

• Due Inquiry - Scope - Industrial Court guidelines on due inquiry - Domestic Inquiry Procedure - Written Submission - Right of Appeal - Appellate courts on the requirements of due inquiry

• Panel - Independents of Panel (should not entertain any outside interference/influence) - Person(s) with integrity and good credible standing (attitude/discipline wise) - Rules of confidentiality & impartiality (no discussion with 3rd party(ies) after decision is made) - Panel can be person(s) from outside organisation

• Role of Punishing Authority - No pre-judgment (sometimes even upon instructing DI to be conducted, management has already has punishment in mind – even before the DI) - Punishment should be based on facts, not being influenced by outside facts/party(ies) - Punishment should be consistent regardless of rank or relationship - Delay in punishment amounts to condonation - Case studies on inconsistent punishment

• Difference Between Responsibility and Accountability• Mock Domestic Inquiry

DOMESTIC INQUIRY PROCEDURES – 2 DAYS

To qualify for Early Bird Rate, payment should be received 21 days before the course. A Group Discounts are applicable for 2 or more delegates from the same company. Please fax the completed registration form to MECA at 03-76100191 and forward it together with your cheque in favour of MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD. Employers contributing to HRDF may claim up to RM1300.00 per day and economy class airfare, board and lodging where applicable, in respect of each delegate. Cancellations must be in writing. There will be no refund for cancellation made later than 7 days before the course.

MECA Centre For Industrial Relations Sdn Bhd, Suite 13A-05, Level 13A, PJX-HM Shah Tower, No. 16A Persiaran Barat, 46050 Petaling Jaya, Selangor Darul Ehsan. Tel : 03-7610 0190 / 03-7610 0189 / 03-7610 0188 Fax : 03-7610 0191, www.meca.com.my

If undelivered, please return this to : P.O Box 266, Pejabat Pos Jalan Sultan, 46730, Petaling Jaya, Selangor

Tel: 03-76100190 Fax to: 03-76100191 Email: kuhan@meca.com.my

Call MECA at 03-7610 0190 or email kuhan@meca.com.my for further details.

Please tick payment rate: EBR NR

DELEGATE(S)

I wish to attend on: Feb 5 Mar 5 Mar 11,12 Mar 17 Mar 23,24

Company Name:

Address:

Contact Person:

Designation:

Tel:

Fax:

E-mail:

Signature:

Name (1): Designation:

Tel: E-mail:

Name (2): Designation:

Tel: E-mail:

Name (3): Designation:

Tel: E-mail:

REGISTRATION FORM

BAYARAN POS JELASPOSTAGE PAID

PEJABAT POS BESARKUALA LUMPUR

MALAYSIANo. WP0819

ONE DAY COURSE TWO DAY COURSECOURSE FEES

RM1,220.00

RM1,112.00

Members Non Members

RM60.00

RM1,355.00

RM1,235.00

RM60.00

RM2,201.00

RM2,003.00

Members Non Members

RM120.00

RM2,445.00

RM2,225.00

RM120.00

Normal Rate

Early Bird Rate

Group Discount

MECA CENTRE FOR INDUSTRIAL RELATIONS SDN BHD

MECA PUBLIC COURSES

The industrial relations consultants

Ramada Plaza, Dua Sentral8 Jalan Tun Sambanthan, Kuala Lumpur

(Formerly Known as Best Western Premier)

DOMESTIC INQUIRY (SEMINAR) MAR23,24 By Dharmen Sivalingam & Natalie Chong

FEB5 TERMINATION OF EMPLOYMENT

By Sujatha Selliah

MAR5

MANAGING POOR PERFORMANCE ISSUESBy T. Sivasubramaniam

MAR17 MISCONDUCT IN EMPLOYMENT

By Natalie Chong

COLLECTIVE BARGAININGMAR11,12 By Dharmen Sivalingam