IR LAW CONFERENCE 2016

Transcription

1 IR LAW CONFERENCE 2016 Enhancing Insights in Employment Laws to Cope with Increased Pace of Globalisation 20 & 21 September 2016 The Westin Kuala Lumpur IR Law CORPORATE INDUSTRIAL RELATIONS CONSULTANCY

2 IR Law: Corporate Industrial Relations Consultancy About Us We commenced operations in 1995 as a Management Consultancy firm. Recognising the growing need to provide industrial and employment law advice, consultancy and training service to employers, IR Law was established in Whether employers need consultancy advise over the phone, an agreement negotiated with the union, or assistance with writing an HR policy, IR Law's experienced, dedicated and people friendly industrial relations consultants can assist. Our key services include providing Corporate Industrial Relations Consultancy or end-to-end consultation and advise to employers on redundancies, disciplinary investigation and disciplinary action, company closures/ mergers/ acquisitions, union recognition issues, negotiation and drafting of collective agreement, company handbook, policies and much more. Visit our website at us at enquiries@irlaw.com.my or contact us at , Fax Enhancing Insights in Employment Laws to Cope with Increased Pace of Globalisation Conference Theme Our conference this year seeks to address and enhance your insights into deep and critical areas in Industrial and Employment Law practices, whilst considering global themes such as the advent of the Trans-Pacific ship Agreement (TPPA), facing the Human Resource community in Malaysia. We welcome all Directors/CEOs, Industrial Relations professionals, Human Resource professionals, Trade Union Officers and Legal Practitioners to sign up for this intensive two-day program, which will deliver rock-solid, bottom-line value with practical guidance for overcoming the latest Industrial Relations / Human Resources challenges in Malaysia. Join us and enhance your insights here!

3 Day One 20th September 2016 Conference Chairperson: Puan Maimunah Aminuddin 9:00AM 10:00AM Current Critical Issues in Industrial & Employment Law How has industrial and employment law developed and evolved for the past year? Reinforce your knowledge of several pivotal cases, key areas and their impact on employment law. Gain a comprehensive understanding of the core principles and critical issues to help you stay on top of your field by learning from the Industrial Court of Malaysia. Y.A. Dato Frederick Indran X.A. Nicholas Chairman Industrial Court of Malaysia, Penang Joseph Solomon General Secretary National Union of Bank Employees 10.00AM -11:00AM Comparative Labour Laws in the ASEAN Region With the advent of the Trans-Pacific ship Agreement (TPPA) in Malaysia and an increased pace of globalization, join us for this study on comparative analysis of labour laws in particular to the employment of women, young people, persons with disabilities with reference to industrial relations among the Member States of the Association of Southeast Asian Nations (ASEAN), using conventions of the International Labour Organization (ILO), the United Nations (UN), and other similar international bodies. Morning Refreshments 11:15AM - 12:15PM Law of Insubordination: To Follow a Superior s Order or Not To Follow Ever since the Federal Court decision of Ngeow Voon Yean v. Sungei Wang Plaza Sdn Bhd / Landmarks Holding Bhd on the doctrine of superior s orders, there has been much confusion with regards to insubordination as a misconduct in employment practice. What does the doctrine mean? Does it mean that when an order is given, the employee has to carry it out, without any question? What are the exceptions to this Federal Court ruling? What is it important for employers to understand this decision and re-examine their policies and procedures on misconduct and grievance handling? How can employers effectively apply this Federal Court decision without constraining employees creativity? Listen to what the expert says in this session. Wong Keat Ching Zul Rafique & s K.Jebaratnam Consultant IR Law Sdn Bhd 12:15PM - 1:15PM Dynamics of Strikes, Pickets & Lock-Outs When collective bargaining reaches an impasse, a legal work stoppage may occur, which are typically referred to as either strikes or lock-outs, both of which are often accompanied by picketing. In Malaysia, strikes, pickets and lock-outs are industrial actions regulated under the Industrial Relations Act 1967 and Trade Unions Act Our IR Law expert will enlighten you on the dynamics of strikes, pickets & lock-outs, by addressing their legal definitions, procedural requirements, substantive requirements and the consequences of illegal strikes, picketing and lock-outs. Lunch Break 2:30PM - 3:30PM Pregnancy at the Workplace What Employers Should Know Absenteeism and performance issues encompass all categories of employees, including pregnant employees. Employers need to take special care when managing sickness absence and performance issues during pregnancy, to ensure that they comply with their legal duties and protect the welfare of their employees. Hence, in our session, we will answer some of the most pertinent questions: 1) What are specific sections within the Employment Act 1955 that employers need to adhere when dealing with absenteeism and pregnancy issues? 2) How do we deal with these issues delicately to avoid any implications of discriminatory practices, in light of the High Court decision of Noorfadilla binti Ahmad Saikin v Chayed bin Basirun and Ors on gender discrimination, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and the Federal Constitution? Siva Kumar Kanagasabai SKRINE Dato David Morais M. David Morais 3:30PM - 4:30PM Heads Up: Tort of Sexual Harassment at the Workplace Sexual harassment has a devastating effect on both the economic opportunities and the physical and emotional well-being of the victim. It was with this in mind that on 2 June 2016, the Federal Court in the landmark ruling of Mohd Ridzwan Bin Abdul Razak vs. Asmah Binti Mohd Nor, introduced the law of tort and sexual harassment, and gave room for employees who are sexually harassed at their work place to file a civil suit to claim damages against the perpetrators. In our presentation, we will examine the case, the first of its kind in Malaysia, explore the law of tort and sexual harassment, its implications and guide employers on the best practices to deal with sexual harassment complaints.

4 Day Two 21st September 2016 Conference Chairperson: Puan Maimunah Aminuddin 9:00AM 10:00AM Introducing Employee Engagement During Difficult Economic Times Engagement is the key to getting the most out of your workforce and, in turn, improve your company turnover and profitability along the way. Because employee engagement is directly correlated to employee productivity and company performance, it is especially critical to focus on employee engagement, during an economic downturn. Come and listen to our speaker, who will explain what is meant by employee engagement, why organizations are interested in it, how employers can build an engaged workforce and how it can be measured to benefit the employer and employee during difficult economic times. Rich Fozi Executive Director & CEO BOLDRICH Dato Thavalingam Thavarajah Lee Hishammuddin Allen & Gledhill 10.00AM -11:00AM Managing Misconduct Outside the Workplace and/or Scope of Employment Misconduct within your business can usually be dealt with quickly, efficiently, and with minimal fallout, as long as you have a robust disciplinary procedure. However, would the employer be entitled to discipline an employee for acts committed outside the workplace or beyond the scope of employment? Can you enforce workplace policies outside of work? Can you discipline employees for conduct in their personal lives? What are the precautions employers have to take? Sign up with us and learn the best practices from a renowned senior employment lawyer in Malaysia. Morning Refreshments 11:30AM - 12:30PM Misconduct or Negligence of Employees Leading to Financial Losses: How Can Employers Mitigate Damage or Recover Losses? It is a fact that an employee can be dismissed from employment after due inquiry when he was found negligent in respect of his duties or he has committed an act or acts of serious misconduct. However, what are the rights of the employer when such negligence or misconduct has caused damage and/or financial losses to the employer? Even if the employer can recover damages or losses, are such claims recoverable from the employee through salary deduction? Come listen to our distinguished speaker, who will provide guidance in this subject matter. Prof. Dr. Ashgar Ali Ali Mohamad Professor Ahmad Ibrahim Kulliyah of Laws International Islamic University Malaysia Lunch Break Abdullah Sani Abdul Halim President Malaysian Trades Union Congress 2:00PM - 3:30PM Panel Discussion: How Can the Trans-Pacific ship Agreement ( TPPA ) Improve Labour Standards in Malaysia The Trans-Pacific ship Agreement (TPPA) is a multilateral free trade agreement among 12 countries. The Dewan Rakyat and Dewan Negara passed the motion for the Malaysian Government to sign and ratify the TPPA on 27 and 28 January 2016 respectively. The agreement will enter into force after ratification by all signatories, if this occurs within two years. If the agreement is not ratified by all before 4 February 2018, it will enter into force after ratification by at least 6 states which together have a GDP of more than 85% of the GDP of all signatories. Take this opportunity and understand from our panel of experts on the fundamental labour rights recognized in the International Labour Organisation ( ILO ) 1998 Declaration which is adopted by the TPPA, and how it can improve the Labour Standards in Malaysia. Lim Heng Seng Lee Hishammuddin Allen & Gledhill Datuk Hj Shamsuddin Bardan Executive Director Malaysian Employers Federation 3:30PM - 4:30PM Retrenchment Strategy: Taking Cognition of the Code of Conduct of Industrial Harmony The Code of Conduct for Industrial Harmony is an agreement entered between the Ministry of Human Resources, Malaysian Employers Federation and the Malaysian Trade Union Congress in Although the Code is not legally binding, the Industrial Court in a plethora of cases, including several in 2015, has elevated the importance of the Code and ruled that a blatant failure to comply with the Code would result in the retrenchment of an employee being viewed as unfair. In this presentation, we will examine the elements of the Code, its effect on retrenchment benefits, application in collective agreements, and understand why employers should still, where practicable, adhere to the Code, as it not only reflects good industry practice but will put employers in a better position to defend an unfair dismissal suit. Raja Vishnu Sivarajah Consultant IR Law Sdn Bhd

5 Registration Form IR LAW CONFERENCE 2016 Enhancing Insights in Employment Laws to Cope with Increased Pace of Globalisation HRDF CLAIMABLE COMPANY INFORMATION DELEGATE 1 COMPANY: ADDRESS: DELEGATE 2 DELEGATE 2 FAX NO: CONTACT PERSON: CONTACT S COMPANY CHOP / SIGNATURE: DELEGATE 3 DELEGATE 3 BANK DETAILS CONFERENCE FEES Bank : Maybank Taman Melawati Branch Account No : Account Name : IRLaw Sdn Bhd Pricing Scheme Normal Category Member Non- Member No. of delegates or more RM RM RM RM TERMS AND CONDITIONS - Registrations may be made through telephone/fax/ / website form - Cheques should be made payable to: IRLaw Sdn Bhd. - You may make subtitutions at any time. - No refunds will be given for cancellations received less than 5 working days prior to the event date. - The amount stated is including 6% GST. Early Bird Member Non- Member RM RM RM RM * Inclusive of 6% GST Sign up as an IR Law Member and enjoy access to IR/HR Consultancy Services and Discounts for Training and Conferences, and receive 1 year free access to IR Law Digital Library Contact: IR Law Sdn Bhd (Company Registration No. ) (GST Registration No ) 2B-7-3 Block 2B, Level 7, Plaza Sentral, Jalan Stesen Sentral 5, Kuala Lumpur Tel: Fax: enquiries@irlaw.com.my