Employment Contracts - Legal & Practical Guide

Module Overview

This comprehensive training program on “Employment Contracts – Policy, Practice and Legal Implications” is designed to provide participants with an overall understanding of the importance of employment policies and practices that are in compliance with the law as the implications of wrong policies and practices may result in heavy penalties including jail sentence in some cases for employment related offences.

Learning Objectives

At the end of this program participants will be able to understand:

• The difference between contract of Service and Contract for Service.

• Certain acts that employers and employees are prohibited by law to carry out in relation to their employment contract.

• The legal protection on employee’s security of job tenure versus employer’s right to organize its business.

• The minimum wages and benefits under the law and that contracting out of the law is void ab initio.

• The presumption under the EA 1955 as to who is an employer and employee where there is no contract.

• What are breaches of contract by employer or employee and the legal consequences.

• The rights of probationers and the lawful termination of probationers under the law.

• The application of Employment (Termination and Lay-Off Benefits) Regulations 1980.

• The implications and application/non-applicability of the First Schedule, EA.

• Employment related rights enshrined under the Federal Constitution.

• Employers’ obligations to protect employees against acts of

• Sexual Harassment at the workplace.

• Fixed Term Contracts and issues regarding its legal termination.

Who Should Attend

• HR/IR Managers

• Executives

• People Managers

• HOD of IR

• Module 1: The Contracts Act 1950 – Key Provisions

• Module 2: Contracts of Service – Provisions under the EA 1955

• Module 3: Secs. 4, 5, 7 & 8 IRA 1967 – Rights of Workmen and Employers & Prohibition in terms of certain acts

• Module 4: Sec. 20 (1) IRA 1967 – Employee’s security of Job Tenure vs Employer’s right to reorganise

• Module 5: Contract of Service vs Contract for Service

• Module 6: Minimum Contractual Entitlements under the EA 1955

• Module 7: Presumptions as to who is an employee and an employer

• Module 8: Employment Contracts – Group Discussion

• Module 9: Breach of Contract – what is the measurement and consequence to employee?

• Module 10: Termination of Probationers and Confirmed Staff – Sec. 14 (1) EA 1955.

• Module 11: Probationers – Is confirmation deemed under the law?

• Module 12: Employment (Termination and Lay-Off Benefits) Regulations 1980 – Legal Application

• Module 13: The First Schedule, EA 1955 – Scope of coverage and non applicability of EA 1955

• Module 14: Sexual Harassment under Part XVA, EA 1955 & Anti-Sexual Harassment Act 2022

• Module 15: Articles 5, 6, 8 & 10, Federal Constitution

• Module 16: Confidentiality Obligations under the EA 1955

• Module 17: Whistleblower Protection Act 2010

• Module 18: Fixed Term Contract in Malaysia – Genuineness of a Fixed Term Contract

• Module 19: Issues Surrounding Fixed Term Contracts in Malaysia – Case Laws

• Module 20: Impact of Minimum Retirement Age Act 2012 [Act 753] on Fixed Term Contracts in Malaysia

• Module 21: Discrimination in Employment under Sec. 69F EA 1955

• Module 22: Forced Labour under Sec. 90B EA 1955

Download the course outline here

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