1. UNIVERSITI TUN HUSSEIN ONN MALAYSIA
86400 PARIT RAJA
BATU PAHAT
JOHOR
NUR ADILAH BINTI SAMSUDIN CE100165
NURUL SYAUQEEN BT MUSTAFA CE100190
RAJA FAIRUZ NABILA BT RAJA MUDZAFAR SHAH CE100202
2.
3. LAWS OF MALAYSIA
Mainly based on the common law legal system
This 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
4. Law protects basic prevents individuals
Law ensures a safe
individual rights and in powerful position
and peaceful society,
freedom such as from taking an unfair
in which individual
liberty, equality and advantage of other
rightsare preserved.
freedom of speech people
5.
6. • Clearly determine the topic instructions, what related to the topic and looking for
Identify the title the references.
of the topic
• Recognize the main point, and arrange it to become good contents.
Division of main
point of topic
• Divide points to group members to study and review the content individually.
Division of Task
• 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
Technique easily understood.
• Writing the report chapter by chapter by following the criterias given and double
Report Writing
check the content.
7.
8. EMPLOYEES
Any employee employed in manual
Any employee as long work including artisan, apprentice,
transport operator, supervisors or
as his month wages is overseers of manual workers,
less than RM2000.00. persons employed on vessels and
even domestic servants are
classified as employees even if
their wages is more than
RM2000.00 per month
9. 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.
10. Every employer shall pay to each of
his employees not later than the
seventh day
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:
• to purchase a house or to build or improve a house;
• to enable him to purchase land
• to enable him to purchase livestock;
11.
12. WORKING
HOUR
SICK
LEAVE OVERTIME
OTHER
BENEFIT
PUBLIC REST
HOLIDAYS DAY
ANNUAL
LEAVE
13. 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.
14. 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
15. 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.
16.
17. • 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.
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....."
• 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.
18. whose
earnings are
not more than
RM500 per
Only foreign workers are month and
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: all manual
workers
irrespective of
the wage
20. a. Failure to submit Notice of Accident - Section 13 Fine RM 5,000 Fine RM
of the Act.First Offence Second offence 10,000
b. Failure to submit Report /Information (section 23) Fine RM 5,000
c. Fine RM 20,000 OR
Failure of the employer to insure and keep himself Imprisonment of a term not
insured -Section 26(1) of the Act. exceeding 2 years or to both
fine and imprisonment
d. Deduction from wages of a workman to defray the Fine RM 5,000 OR
cost of obtaining an insurance policy - Section 26(5) Imprisonment for a term not
exceeding one year or to
both fine and imprisonment
21.
22. 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.
23. Government
An employee employed under a contract of service or apprenticeship
employees.
and earning a monthly wages of RM3,000 and below must compulsorily
register and contribute to SOCSO regardless of the employment status
whether it is permanent, temporary 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.
24. SOCSO provides coverage to eligible employees
through 2 schemes namely
Employment • Employment Injury Insurance Scheme and
Injury Invalidity Pension Scheme.
• The contribution payment is made by both
Insurance First the employer and employee
Category
Scheme
Invalidity • Employment Injury Insurance Scheme
Only. The contribution is paid by the
Pension employer only.
• An employee who is not eligible for
Second
Scheme. Category
coverage under the Invalidity Pension
Scheme is protected under this category.
25.
26. - Employment Act is explained - The Act provides for the
Social Security Organization (SOCSO)
Employment Act 1955
Workmen’s Compensation Act 1952
about the responsibility of payment of compensation for - There is no doubt that the
employer and employee. As injuries sustained in accidents numerous benefits available
employer, they also have to during employment and through the schemes under the
know what should they do, and imposes an obligation on the Act are adequate but continuous
follow the rules of recruitment employers to insure workers. enforcement needs to be carried
of employer and as an Local worker no longer covered out. In terms of employer and
employee, they should know by this Act. They will be employee contribution, strict
what should they do and rules covered under the Employees enforcement and prosecution for
that need to be followed. Social Security Act 1969. failure to register or contribute
- Based on understanding after -Only the Foreign Workers’ should be continued. It is noted
studying this act, employer can Compensation Scheme that many employers do not
take any action if any of their (Insurance) Order 2005 issued contribute on behalf of their
employee doing something that under this Act requires every employees, either through
wrong and convicted so does employer employing foreign ignorance or plain willfulness.
with the employee. An workers to insure with the - Although SOCSO officers carry
employee also can take any panel of insurance companies out regular checks on employers
action to protect them if the appointed under this order and to ensure they are registered with
rules of working in the to effect payment of the organization and are making
company or factory are not compensation for injuries payments as required by the law,
practical and unlawful as in sustained from accidents but there are too few officers to
Employment Act 1955. during and outside working check on all the employers. It is
hours. also clear that the duty to provide
reimbursement treatment, free
medical care and counter service
should be extended to all
employees and hospitals.
27. 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.
28.
29. 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. 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).