A One Day Public Programme Organised by The Malaysian Current Law Journal in collaboration with Ikhlas HR Consultancy

"Essential Terms And Conditions In An Employment Contract"
By Ms. Suganthi Singam, Advocate & Solicitor, Partner, Shearn Delamore & Co.

An employment relationship has traditionally been governed by the terms and conditions of the employment contract. Previously, the employer retained sole control in respect of the terms and conditions of employment to be incorporated into the employment contract. However, over the years there has been an increase in the implied terms and conditions which are also read into the contract. Additionally, then there are the statutory terms and conditions which also apply. A badly drafted employment contract which does not correctly express the intentions of the employer on such matters as working hours, prolonged illness, bonus payments, usage of office computer facilities, transfers, retirement age, confidentiality, conflict of interest, disciplinary action and imposition of punishment, etc or the omission to mention some of these items in an employment contract can give rise to serious consequences for employers. This talk will focus on what are considered as essential terms and conditions which employers must incorporate into an employment contract and the consequences of failure to do so.

"Unsatisfactory Work Performance And Termination Of Employment"
By Mr. Lim Heng Seng, Advocate & Solicitor, Partner, Lee Hishammuddin.

The Courts have time and again reiterated that employees enjoy security of tenure of employment. The maxim "easy to hire difficult to fire" is a truism even in the case of probationers. No employer having hired a person at considerable cost and having exposed the person to training , formal or otherwise, will want to terminate the person. However, when an employee has an attitude problem or whose work performance is not up to the expectations he cannot be terminated by the employer simply by invoking the termination clause in the employment contract. The employer has to follow certain rules and procedures and only at the end of it can he terminate the services of a non-performing employee. Even then, there are no iron clad assurances that the termination will not be challenged by the employee at the Industrial Court. How does an employer ensure that he minimizes the risk of being challenged in Court over a termination of employment due to unsatisfactory work performance? This talk will attempt to take you out of the labyrinth.

"Misconduct And Imposition Of Punishment"
By Mr. P. Jayasingam, Advocate & Solicitor, Partner, Zul Rafique and Partners

It has long been held that the employer has the inherent right to discipline his workers. Should a misconduct be committed, the employer after a proper inquiry has been instituted, can impose a suitable punishment, including dismissal if the offence committed was of a serious nature. The decision on the type of punishment to be imposed is under all circumstances a subjective one. The Courts will interfere if, among others, the action taken by the management was perverse, baseless or unnecessarily harsh or was not just or fair. There have been occasions where employers have imposed the punishment of dismissal for misconduct which they have assessed as serious but these cases have been reviewed by the Industrial Court and the decision of the employer substituted. Given that imposition of punishment is a subjective matter, what factors or criteria should an employer apply in determining appropriate punishment for misconduct committed in employment. This talk, among others, will examine some of the issues to be taken into account.

"Sexual Harassment At The Workplace"
By Mr.T.Thavalingam , Advocate & Solicitor, Partner, Zaid Ibrahim & Co.

Sometime ago this subject matter received a great deal of attention especially with the launching of the Code of Practice on the Prevention and Eradication of Sexual Harassment at the Workplace by the Ministry of Human Resources. However, the response to the adoption of the Code by employers was not encouraging. Some NGO's have called for the introduction of statutory measures to deal with the problem. Some recent judicial pronouncements appear to make it difficult to prove sexual harassment had indeed taken place. Regardless of all these what is the proper attitude that ought to be taken by employers in this matter. Do employers have a legal responsibility to safeguard their employees from sexual harassment at the workplace? To what extent can employers dictate without being accused of encroachment into a person's private life and social interaction. How is an employer to deal with sexual harassment cases and what standard of proof is called for when usually harassments are .private and confidential incidents'.

Learning Points

"Essential Terms & Conditions In An Employment Contract"
- appreciate the importance of an employment contract
- identify the essential terms & conditions of the contract
- know the pitfalls to be avoided in drafting a contract
- learn about the correct construction of language
- learn how to link the company hand book to the employment contract
- learn how to change an essential term or condition

"Unsatisfactory Work Performance & Termination Of Employment"
- what is considered as unsatisfatory work performance
- what are the obligations of an employee in work performance
- understand the system & process involved in monitoring poor work performance
- what are the obligations of an employer with regard to counseling / guiding / training an employee in work performance - under what circumstances can a non-performing employee be terminated
- what are some of the views express by the Courts on such termination

"Misconduct And Imposition Of Punishment"
- what is misconduct in employment
- importance of record keeping of misconduct
- pre-determining punishments for misconduct
- how to evaulate the seriousness of a misconduct and impose punishment
- rationale of Industrial Court in overturning employers decision

"Sexual Harassment At The Workplace"
- understanding the Malaysian Code of Conduct for the Prevention & Eradication of Sexual Harassment at the Work Place
- what is regarded as sexual harassment
- employers role in combating sexual harassment at work place
- standard of proof required in sexual harassment cases
- views of the Malaysian Court on sexual harassment cases

Who should attend and why?

"Essential Terms And Conditions In An Employment Contract", "Unsatisfactory Work Performance And Termination Of Employment", "Misconduct And Imposition Of  Punishment"and "Sexual Harassment At The Workplace" are subject matters of particular interest to Employers, Managers, Human Resource and Industrial Relations Practitioners, Trade Unionists, Lawyers and others. These are issues that never cease to keep appearing at the door steps of any Human Resources Department. Prominent legal practitioners and Industrial Relations Specialists will speak on these various contemporary issues. This seminar will provide an excellent opportunity to get an update on all these subject matters at a one day sitting with experts on these subjects.

Don't miss this golden opportunity to learn from experts in the fields of "Employment Contract", "Unsatisfactory Work Performance And Termination Of Employment", "Misconduct And Imposition Of Punishment"and "Sexual Harassment At The Workplace". The speakers are all very knowledgeable having dealt extensively with the subject matters in the course of their work.

For enquiry please call us at 603-42705400 or Click here to download Registration Form.

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