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Employee Management ina Challenging Economy

Lim Heng Seng, Partner, Lee Hishammuddin

Allen & Gledhill

25 - 26 October

WORKSHOPA

WORKSHOPB

Understanding Hours of Work, Overtime & Holidays

Raja Vishnu Sivarajah,

Consultant, IR Law

8 November

Unions and Management: A Blissful Marriage

K. Jebaratnam, Consultant, IR Law

Anand Ponnudurai, Partner, Bodipalar Ponnudurai De Silva

15 - 16 November

IR LAW

CORPORATE INDUSTRIAL RELATIONS CONSULTANCY

LawIR

HRDF CLAIMABLE

post CONFERENCE workshopsHOTEL ISTANA KUALA LUMPUR

WORKSHOPdSEPTEMBER

4WORKSHOPc

Monetizing theCollective Agreement

Nancy Sim,

Human Resource Consultant

15 - 16 November

INTRODUCTION

In a challenging economy, there are many facets of a business that need adjustments and management - fixed costs, operating costs, marketing and managing the work-force. Zooming into the management of employees, attend this workshop to understand the multiple avenues and solutions on reducing, realigning and maximising effective-ness of your workforce within the legal boundaries.

TOPICS COVERED

Employee Management in a Challenging Economy

Facilitator: Lim Heng Seng, Partner, Lee Hishammuddin Allen & Gledhill

WORKSHOP a: DATE: 25 - 26 October venue: Hotel istana, Kuala Lumpur

Introductory Overview of Employee Management in Challenging TimesStriking the Balance: Managerial Prerogatives and Unfair Labour PracticesMiscellany of Measures in Cost-Cutting: Permitted Actions, Limits and No-Go ZonesWorking From HomeOutsourcing or Contracting for LabourTransfer, Relocation & RedesignationReducing Headcounts and Migration of Staff: Modalities and IssuesRetrenchment: Legal Obligations and Best PracticesRetrench or Retain: Selection Criteria and IssuesWhen Things Go Wrong: Dealing With Disputes Under the Industrial Relations Act 1967

Lim Heng Seng currently heads the Employment Practice Group at Lee Hishammuddin Allen & Gledhill. He graduated with a Bachelor of Laws (Hons) from Universiti Malaya in 1976. He obtained a Master of Laws from the University of London (London School of Economics and Political Science) in 1987. He was admitted to the Malaysian Bar as an advocate and solicitor of the High Court of Malaya in 1988.

He served various capacities in the Malaysian Judicial and Legal Service from 1976 until 2001, when he left to practise law. Some of his previous appointments include head of arbitration (1990-92) and deputy head of civil litigation with the Attorney General's Chambers (February 1992-93). He has also served as chairman of both the Industrial Court of Malaysia (1994-2003) and the Social Security (SOCSO) Appellate Board (1997-2003).

Heng Seng is a member of the Editorial Advisory Board for the Industrial Law Reports published by the Malaysian Current Law Journal. He is the advisory editor on Malaysian Court Forms published by the Malayan Law Journal, and the author of Assessment of Damages in Personal Injury and Fatal Accident Claims, a prescribed textbook for the Certificate in Legal Practice examination conducted by the Legal Profession Qualifying Board.

INTRODUCTION

This full day programme on Understanding Hours of Work, Overtime and Holidays is designed to provide participants with sound knowledge and understanding of this subject matter within the purview of the Employment Act 1955 (incorporating 2012 amendments), complemented by ‘hands on’ practical guidelines and examples for worksite implemen-tation. This programme is suitable for human resource man-agers, executives, heads of departments and line supervi-sors. Participants will be engaged in discussions, practical exercises and written test questions.

TOPICS COVERED

WORKSHOP b: UNDERSTANDING HOURS OF WORK, OVERTIME AND HOLIDAYS

Date: 8 November 2017 VENUE: Hotel istana, Kuala Lumpur

Facilitator: Raja Vishnu Sivarajah Consultant, IR Law

RAJA VISHNU SIVARAJAH obtained his LL.B (Hons) in 1996 from the University of Wolverhampton and joined the Malay-sian Current Law Journal in 1999 as the Legal Proofreader. In 2001, he was promoted to the position of Sub-Editor and subsequently in 2002, he was made Editor-incharge of the Industrial Law Reports (ILR). He left to join Malaysian Employers Federation (MEF) in 2006 as the Research Analyst for the Industrial Relations Department, where he researched and wrote several MEF's Industrial Relations publications, specifically Leave & Absenteeism at the Workplace – Cases, Commentary & Materials (First Edition) and ‘Criminal’ Misconduct In Employment - Cases, Commentary & Materials (First Edition), aside from providing consultation on labour, employment and industrial law matters to members of MEF. After spending several years in the Corporate Sector, where he continued honing his Industrial Relations skills in a Managerial capacity, he joined MECA Employers Consulting Agency Sdn Bhd as its Senior Legal Advisor in 2011.

While in MECA, aside from providing advisory services to employers, he had also won many Labour Department cases on behalf of employers whilst conducted successful Training Courses on matters in connection to Employment Act 1955 and Industrial Relations Act 1967, domestic inquiry procedure, managing misconduct and poor performance, managing absen-teeism and excessive sick leave etc.

With his experience and practical hands on approach in Industrial Relations, Raja Vishnu serves as a full time Consultant of IR Law. He also serves as a HR Consultant for the National Human Resource Centre under the Human Resource Devel-opment Fund (HRDF), Ministry of Human Resources. He provides Training Courses on Industrial/Labour/Employment Law issues. He is well versed in assisting employers in handling day to day IR/HR operations including dispensing advise on compensation and benefits issues, drafting employment contracts, Company Handbooks, conducting investigation on disci-plinary issues, HR Audit and domestic inquiries, handling employee grievances and negotiations for collective agreements, providing legal opinions, representing employers at Labour Department etc.

Rest Days and Work on Rest DaysHours of Work and Public HolidaysAdministration of Annual Leave, Emergency Leave and Unpaid LeaveWhat is Meant by Unauthorised Absence? (Discussion on relevant sections 59-60I and section 14-15, Employment Act 1955)Sick Leave and Maternity LeaveLegal Definition of OvertimeComputation of Ordinary Rate of Pay and Rates During Normal Work Days, Rest Days & Holidays

workshop c: Monetizing the Collective Agreement

Facilitator: Nancy Sim, Human Resource Consultant

Date: 15 - 16 November 2017 VENUE: Hotel istana, Kuala Lumpur

Nancy Sim has more than 35 years commercial experience and has served across various industries such as aviation, hospitality & real estate, management consulting and more recently in financial services (insurance).

Nancy was the former President of the Association of Insurance Employers (AIE), Vice President of Malaysian Employers Federation (MEF), and also served as a Director of MEFA (Malaysian Employers Federation Academy).

In her previous assignments, Nancy has led many in-house negotiations and and also national negotiations with estab-lished trade unions in our country. Her forte is preparing well, and also engaging her internal and external stakeholders regularly.

She also brings with her a good perspective of labour practices across Asia-Pacific having served in so many locations. In her varied HR roles, Nancy is also familiar with challenges of organizations and has done many change and transforma-tion projects.

She has been involved in mergers and acquisitions, start ups and also redundancy assignments.

INTRODUCTION

Exempt staff and non-exempt staff constitute a large portion of our Malaysian workforce. As our country competes on the global platform, there is a need to improve our productivity, and also transform our work practices so that we can continue to lead the market.

Thus when members of organizations have in-house trade unions or belong to national trade unions and partake in collective bargaining, it is always vital to negotiate with a plan and a strategy in mind.

How does one responsibly negotiate wages three years ahead when one is unsure of how the global and domestic economy would look then. This workshop will assist first IR officers, compensation executives, HR personnel who are keen in a career in IR, as well as HR executives with little or no experience in collective bargaining.

TOPICS COVERED

Introduction to Collective Agreements in BriefTypes of Unions in MalaysiaCollective Bargaining StrategiesBargaining in Different Environments Monetising the Hard and Soft BenefitsIndustry Walk ThroughCollective Agreement Non-ComplianceCalculation of Wages and Benefits CostingCase StudyProductivity Linked Wages System

Trade UnionStatus of registered trade union of workmen Office bearers of trade unionTrade union’s claim for recognition, it’s limitations, as well as employer’s responseExtent of workmen representationRole of Director-General of Trade Unions (DGTU) and Director-General of Industrial Relations (DGIR)Disputes on the status of workmenTime frame for employer’s response to claimsCompetence of trade union. to represent workmenStrikes, lock-outs, picketing and termination of service

Collective BargainingInvitation to employer by trade union to commence collective bargainingDrafting a collective bargaining proposalHandling a collective bargaining exercise - the flow and do’s & don’ts

Collective AgreementDrafting and depositing a collective agreementRights and remedies for a collective agreement

INTRODUCTION

This workshop will enable participants to better understand the legal status of the trade unions of workmen as they lay claim to represent the employees of the place of employ-ment. Let our facilitators share with you the practical and theoretical aspects, including some recent cases in the world of unionised organisations.

There are two major legislations that regulate the relation-ship of trade union of workmen and the employers.

Trade Unions Act 1959All trade unions are registered under this Act by the Director-General of Trade Unions.

Industrial Relations Act 1967This is an Act to promote and maintain industrial harmony and to provide for the regulation of the relations between employers and workmen and their trade unions.

TOPICS COVERED

WORKSHOP d: UNIONS & MANAGEMENT: A BLISSFUL MARRIAGE

Date: 15 - 16 November 2017 VENUE: Hotel istana, Kuala Lumpur

Facilitators: K. Jebaratnam, Consultant, IR LawAnand Ponnudurai, Partner, Bodipalar Ponnudurai De Silva

K. Jebaratnam has served in the Human Resources Ministry for over 30 years in the Department of Labour and the Trade Union Affairs Department. He was the Regional Director of Trade Unions for Selangor, Wilayah Persekutuan Kuala Lumpur and Pahang before he opted out to join the private sector.

As an enforcement officer in the Ministry of Human Resources, he has vast experience in enforcing the Employment Act 1955, Industrial Relations Act 1967 and Trade Unions Act 1959, conducting Labour cases, prosecutions and providing advisory services to both the employers and the employees.

As a Director in the Trade Union Affairs Department, under the Trade Unions Act 1959, he was responsible for the registration and administration of Trade Unions in Wilayah Persekutuan Kuala Lumpur, Selangor and Pahang.

After opting out from the civil service in 1995, he served as the Industrial Relations Adviser of the Malayan Commercial Banks' Association (MCBA), an umbrella body for all the Commercial Banks and Finance companies in Malaysia. He was involved in successfully negotiating and concluding collective agreements with the Nation Union of Bank Employees (NUBE) and Asso-ciation of Bank Officers (ABOM). During his five years in MCBA, he has conducted training programmes including in-house sessions for Bank managers and officers on Labour Laws and disciplinary matters.

Anand Ponnudurai was called to the Malaysia Bar in August 1991. Immediately after his call to the Bar, Mr. Ponnudurai joined the firm of Shearn Delamore & Co, an established firm with several specialized departments including a well-established department of industrial law. Mr. Ponnudurai actively practiced industrial law during his tenure at Shearn Delamore & Co.

In 1998, Mr. Ponnudurai joined Sri Ram & Co as a partner and continued to be actively involved in industrial law cases. In 2001, he established his own practice under the name and style of Messrs Bodipalar Ponnudurai Nathan (now known as Bodi-palar Ponnudurai De Silva) and is still actively involved in Industrial law. In his 24 years of practice, Anand has argued many landmark decisions in the field of Industrial Law.

Mr. Ponnudurai has been a member of the Malaysian Bar Council’s Industrial and Employment Law Committee since 1997 and was its Deputy Chairman from 2004 to 2009 and is currently the Chairman of the said Committee. Mr. Ponnudurai has been consistently ranked by Chambers Asia as one of Asia’s leading lawyers in the Employment and Industrial Relations arena. He has also co-authored the Malaysian Chapter in the Treatise “International Employment Law” published by the Center for International Legal Studies Vienna.

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