(Tuesday) 1st October 2019
The gig economy is by no means a new concept, but these past 5 years has seen it expand greatly in Malaysia. Here, we will explore the impact of this current trend towards hiring independent contractors and freelancers instead of full-time employees, in terms of costs and rewards, technology and infrastructure such as cloud computing, advanced networking to accommodate freelancers, in terms of greater flexibility and freedom of choice for the employer and the worker, and much more.
In a unionized environment, a dispute may develop into a strike or picketing, which can cause repercussions to the employer's business. Such action may occasionally be illegal or outside the purview of the law. In this segment, our expert will guide you on the legalities and various forms of strikes and picketing and how to effectively deal with the Unions, the employees as well as the remedial measures to take, whilst preserving industrial harmony when such action may not be sanctioned by law.
Since 2018, there were discussions for amendments, and the MOHR has finally publicly issued the list for proposed amendments of the EA 1955 and IRA 1967. Gain insights into the latest proposals to amend the meaning of 'employee' under the First Schedule, EA 1955, on anti-discrimination laws, organising job carnivals, protection/rights of pregnant employees and women in employment, sexual harassment and domestic servants. For the IRA 1967, the focus is on the removal of the Minister's discretion to refer complaints to the Industrial Court, prohibiting an employer from discriminating any employee on the grounds of gender, religion, race or disability, non-compliance with Industrial Court awards, trade unions and the formation of the Industrial Appeal Court
Investigating into a sexual harassment complaint, which is a requirement under the Employment Act 1955, can be one of the trickiest and testing events in HR life. Every employer should have a rigorous strategy in place to deal with sexual harassment complaints, discussed here by a trained professional, so that when a complaint is made, human resources and compliance staff will know how to react.
The government, through its Personal Data Protection Department, is currently reviewing the Personal Data Protection Act (PDPA) 2010 to ensure that it is compatible with new regulations on data protection introduced globally, such as in the European Union (EU). The government is keen to incorporate key points of the EU General Data Protection Regulations (EU GDPR) into the PDPA. Employers, through this segment, can obtain useful insights and be able to compete in the global economy without any impediment.
When a disparaging remark is made by an employee over Facebook, WhatsApp, Twitter, Instagram etc, about the employer or on a fellow employee, or a recorded workplace incident, or a rogue employee makes a politically inflammatory remark that goes viral on social media, not only it is a breach of the employer's confidentiality policies but it causes public pressure and embarrassment to the employer. Join our Consultant who will guide you on the proper policies to adopt to deal with such social media disasters, the laws on the admissibility of social media as evidence in court, and how to deal with the misconduct fairly and objectively notwithstanding the limelight of public pressure.
Aside from the Employment Act 1955 and other Acts and Regulations, the Contracts Act 1959 plays a significant role in the nature, formation and validity of employment contracts. A legal expert here will guide you on the nature of a valid employment contract whether express or implied, restraint of trade, restraint of legal proceedings, contingent or conditional contract, frustration of contract, rescinding or alteration of a contract etc to better understand the nature of the terms and conditions in an employment contract.
A workplace run by artificial intelligence (AI) and robotics is slowly but surely taking shape in the workplace. Employers need to anticipate changes in job functions and be aware of legal pitfalls associated with evolving technology. Let's discuss the adoption of AI and how it can impact HR Administration, Recruitment and play a greater role in creating more flexible workplaces considered together with the possible future changes in local employment laws, which are already taking place in the West.