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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
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
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
• 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.
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
 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.
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;
WORKING
            HOUR


  SICK
 LEAVE               OVERTIME



           OTHER
           BENEFIT

 PUBLIC                REST
HOLIDAYS               DAY


           ANNUAL
            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
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.
•   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.
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
Permanent
               Disability
Temporary
                               Fatal
 Disability

               Categories of
                Workmen’s
               Compensation
                  Claim
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
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.
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.
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.
- 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.
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.
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).
THANK YOU 

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LAWS RELATED EMPLOYMENT ORDINATE

  • 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
  • 19. Permanent Disability Temporary Fatal Disability Categories of Workmen’s Compensation Claim
  • 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).