UNIVERSITI TUN HUSSEIN ONN MALAYSIA86400 PARIT RAJA

BATU PAHATJOHOR

ENGINEERING & SOCIETY

NUR ADILAH BINTI SAMSUDIN CE100165NURUL SYAUQEEN BT MUSTAFA CE100190RAJA FAIRUZ NABILA BT RAJA MUDZAFAR SHAH CE100202

LAWS RELATEDEMPLOYMENT

ORDINATE

INTRODUCTION

LAWS OF MALAYSIAMainly based on the common law legal systemThis was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s

The supreme law of the land, the Constitution of Malaysia sets out the legal framework and rights of Malaysian citizens

Federal laws enacted by the Parliament of Malaysia apply throughout the country.

The constitution of Malaysia also provides for a unique dual justice system, the secular laws (criminal and civil) and sharia laws

OBJECTIVES OF LAWS

Law protects basic individual rights and

freedom such as liberty, equality and freedom of speech

prevents individuals in powerful position from taking an unfair advantage of other

people

Law ensures a safe and peaceful society, in which individual

rightsare preserved.

METHODOLOGY

Identify the title of the topic •Clearly determine the topic instructions, what related to the topic and looking for the references.

Division of main point of topic •Recognize the main point, and arrange it to become good contents.

Division of Task •Divide points to group members to study and review the content individually.

Technique •Explain each point to members and understand the whole topic together to make a good report. Addition of the image or pictures related in this topic is needed to be easily understood.

Report Writing •Writing the report chapter by chapter by following the criterias given and double check the content.

EMPLOYMENT

ACT 1955

EMPLOYEES

Any employee as long as his month wages is less than

RM2000.00.

Any employee employed in manual work

including artisan, apprentice, transport

operator, supervisors or overseers of manual

workers, persons employed on vessels and even domestic

servants are classified as employees even if

their wages is more than RM2000.00 per month

CONTRACT OF SERVICE Contract of service means any agreement, whether oral or in writing

and whether express or implied, whereby one person agrees to employ another as an employee and that the other agrees to serve his employer as his employee and includes an apprenticeship contract

A contract of service must contain a provision for its termination. In the absence of any agreement to the contrary, period of notice for termination of contracts shall be as follows:

4 weeks’ notice if the employee employed for less than 2 years; 6 weeks’ notice if so employed for over 2 years but less than 5 years; 8 weeks’ notice if so employed for 5 years or more.

PAYMENT OF WAGES

Every employer shall pay to each of his employees not later than the seventh day

• to purchase a house or to build or improve a house; • to enable him to purchase land• to enable him to purchase livestock;

Advances to employees shall not exceed the aggregate the amount of wages which the employee earned in the preceding month, unless such advance is made to the employee to enable him:

EMPLOYMENT OF WOMEN

No employer shall require any female employee to work in any industrial or agricultural undertaking

between the hours of ten o’clock in the evening and five o’clock in the morning or begin work for the day without having had a period of eleven consecutive

hours free from such work

OTHER BENEFI

T

WORKING HOUR

OVERTIME

REST DAY

ANNUAL LEAVE

PUBLIC HOLIDAYS

SICK LEAVE

OVERTIME

For any overtime work carried out in excess of the normal hours of work, the employee shall be paid at a rate not less than one and half times his hourly rate of pay. No employer shall require or permit an employee to work overtime exceeding such limit as may be prescribed by the Minister from time to time by regulations made under this Act.

Every employee shall be entitled to paid holiday at his ordinary rate of pay on the following days in any

one calendar year:

National Day

Birthday of the Yang di-Pertuan Agong

Birthday of the Ruler or the Yang di-Pertua Negeri of the State or the Federal Territory Day

Workers’ Day

any day declared as a public holiday under section 8 of the Holidays Act 1951

PUBLIC HOLIDAY

SEXUAL HARASSMENT AT THE WORKPLACE

The word “harass” includes quite a broad spectrum of action; distress, badger, trouble, vex, plunge, torment, irritate, heckle, beset, worry, afflict, depress, sadden, annoy and disturb. In a workplace, sexual harassment becomes a form of sexual discrimination, which is contrary to the principles of equal rights for men and women.

On late, there has been much emphasis on the problem of sexual harassment at the workplace, so mush so, the Minister of Human Resource has introduced the Code of Practice to Prevent and Eradicate Sexual Harassment at the “workplace”, which includes a guideline to be followed in combating the problem of sexual harassment.

The complaint of sexual harassment means by any complaint relating to sexual harassment made:

i. by an employee against another employee;

ii. by an employee against any employer; or

iii. by an employer against an employee.

WORKMEN’S COMPENSATION

ACT 1952 (ACT 273)

• An Act to provide for the payment of compensation benefits to a foreign worker who possesses valid employment document for injuries sustained due to accident which arises out of or in the course of employment or if death results from the accident, to the dependants.

• This act is to protect the workman.

• Malaysian workers are no longer covered under the Workmen's Compensation Act 1952 with effective from 1st July 1992. Local workers will be covered under the Employees Social Security Act 1969.

Section 2(1) provides among others "...."workman"...Means any person who has, either before or after the commencement of this Act entered into or works under a contract of service or of apprenticeship with an employer, whether the contract is expressed or implied or is

oral or in writing, whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer

period....."

whose earnings are not

more than RM500 per month and

all manual workers

irrespective of the

wage

Only foreign workers are

covered under this Act in respect of compensation for employment injury

as well as non-employment injury vide Workmen's Compensation

(Foreign Worker's Scheme)

(Insurance) Order 1993.This Act

applies to foreign workers:

Categories of Workmen’s

Compensation Claim

Temporary Disability

Permanent Disability Fatal

Penalties under Workmen’s Compensation Act 1952

a. Failure to submit Notice of Accident - Section 13 of the Act.First Offence Second offence

Fine RM 5,000 Fine RM 10,000

b. Failure to submit Report /Information (section 23) Fine RM 5,000

c.Failure of the employer to insure and keep himself

insured -Section 26(1) of the Act.

Fine RM 20,000 OR Imprisonment of a term not

exceeding 2 years or to both fine and imprisonment

d. Deduction from wages of a workman to defray the cost of obtaining an insurance policy - Section 26(5)

Fine RM 5,000 OR Imprisonment for a term not

exceeding one year or to both fine and imprisonment

The Social Security Organization is an organization set up to administer, enforce and implement the Employees' Social Security Act, 1969 and the Employees' Social Security (General) Regulations 1971.

The Social Security Organization provides social security protection by social insurance including medical and cash benefits, provision of artificial aids and rehabilitation to employees to reduce the sufferings and to provide financial guarantees and protection to the family.

SOCSO is the abbreviation for Social Security Organization. It is commonly known in the Malay term as PERKESO or Pertubuhan Keselamatan Sosial.

WHO IS COMPULSORY TO CONTRIBUTE TO SOCSO ?

An e

mployee e

mployed under a contract of service or apprenticeship and earning a

monthly

wages of

RM3,000 and belo

w

must co

mpulsorily register and contribute to

SOCSO regardless of the e

mploy

m

ent status whether it is per

manent, te

mporary or casual in nature.

An employee must be registered with the SOCSO irrespective of the age.

SOCSO only covers Malaysian workers and permanent residents. As a result, foreign workers are protected under the Workmen's Compensation Act 1952.

Nevertheless, SOCSO does not cover the following categories of persons :

A person whose

wages exceed

RM3,000 a month

and has never been

covered before.

Government employees.

Domestic servants employed to work in a

private dwelling house which includes a

cook, gardeners, house servants, watchman, washer

woman and driver.

Employees who have

attained the age of 55 only

for purposes of invalidity

but if they continue to work

they should be covered

under the Employment

Injuries Scheme.

Self-employed persons.

Foreign

workers.

SOCSO provides coverage to eligible employees through 2 schemes namely

Employment Injury Insurance Scheme

Invalidity Pension Scheme.

First Category

•Employment Injury Insurance Scheme and Invalidity Pension Scheme.• The contribution payment is made by both the employer and employee

Second Category

•Employment Injury Insurance Scheme Only. The contribution is paid by the employer only. •An employee who is not eligible for coverage under the Invalidity Pension Scheme is protected under this category.

ANALYSIS

Employmen

t Act 1955

- Employment Act is explained about the responsibility of employer and employee. As employer, they also have to know what should they do, and follow the rules of recruitment of employer and as an employee, they should know what should they do and rules that need to be followed. - Based on understanding after studying this act, employer can take any action if any of their employee doing something that wrong and convicted so does with the employee. An employee also can take any action to protect them if the rules of working in the company or factory are not practical and unlawful as in Employment Act 1955.

Work

men’s Compensation Act 1952

- The Act provides for the payment of compensation for injuries sustained in accidents during employment and imposes an obligation on the employers to insure workers. Local worker no longer covered by this Act. They will be covered under the Employees Social Security Act 1969. -Only the Foreign Workers’ Compensation Scheme (Insurance) Order 2005 issued under this Act requires every employer employing foreign workers to insure with the panel of insurance companies appointed under this order and to effect payment of compensation for injuries sustained from accidents during and outside working hours.

Social S

ecurity Organization

(SOCS

O)

- There is no doubt that the numerous benefits available through the schemes under the Act are adequate but continuous enforcement needs to be carried out. In terms of employer and employee contribution, strict enforcement and prosecution for failure to register or contribute should be continued. It is noted that many employers do not contribute on behalf of their employees, either through ignorance or plain willfulness. - Although SOCSO officers carry out regular checks on employers to ensure they are registered with the organization and are making payments as required by the law, but there are too few officers to check on all the employers. It is also clear that the duty to provide reimbursement treatment, free medical care and counter service should be extended to all employees and hospitals.

EFFECT ON PUBLIC AND ECONOMY

Life is protected

• The employer will responsible with any problems of their workers and also the employee is always tried to achieve the mission and vision of company with wages that equivalent with their duties

No discrimination

• The employment rights are equal between foreign workers and local workers. The foreign workers do not feel discriminated against by employers and local employees.

Protection of Foreign Workers

• They are protected by the laws under Workmen’s Compensation Act 1952. They will get the compensation’s claim if there are any disabilities happened to them and it is a responsibility from the employer.

CONCLUSION

Based on the topic of the Laws Related

Employment Ordinance, there is three types of

laws related employment that is employment act

1955 (Act A1419), Workmen’s compensation act 1952 (Act 273), and

Society Security Organisation (Act 1999).

Law ensures a safe and peaceful

society, in which

individual rights are preserved.

Certain governments

have cruel laws, where police and

armies arrests and

punishes people

without a trial in the

court. It prevents

individuals in powerful

position from taking an

unfair advantage of other people.

THANK YOU