Termination without Violating the Law
18th-19th October 2010, The Legend Hotel, Kuala Lumpur, Malaysia
Dear Friends,
Much as we like to retain employees there are situations where the services of employees have to be terminated.
The situations could be due to retrenchment or lay off due to poor business, business reorganization, relocation, downsizing; poor performance by employees over a period of time; poor performance or unsuitability of a probationer resulting to non-confirmation in employment; misconduct and indiscipline; and others
As is widely known, badly handled cases have ended up in Industrial Courts which has reinstated employees to their former positions with backdated wages. The industrial relation statistics show that total of RM25million compensation was involved due to unfair or unjustified termination. This costly mistake could be easily avoided if you know the right way to handle employee termination without violating the law.
What is this workshop about?
This program addresses the various situations for termination, remedies before termination, the legal methods of termination, and how to terminate employees so as not to end up in the Industrial Court due to employees' claims of unfair, illegal or constructive dismissal. Industrial court cases are also discussed which saw employers being in the wrong for making human and technical mistakes when terminating employees.
Objectives
At the end of the program, participants are able to:
- Draft a proper contract of service to avoid problems in termination
- Identify the important major and minor misconduct categories
- Handle termination and non-confirmation of probationers and termination of confirmed employees due to poor performance, retrenchment and indiscipline
- Draft the various letters on 'suspension', 'charge sheet', 'warning' & 'dismissal'
- Differentiate between 'dismissal' and 'constructive dismissal' so as to avoid 'constructive dismissal'
- Know the relevant sections of Employment Act 1955, Industrial Relations Act 1967, and Code of Conduct for Industrial Harmony 1975
Training Methodology
This is a totally workshop based experiential learning program.
Participants will be introduced to the principles behind the various workshops. This starts off with the importance of written rules and regulations and the various documents that make up the employment contract. Various types of termination are discussed including termination of probationers.
Participants are exposed to writing warning letters and drafting charge sheets followed by a mini role play on conducting the domestic inquiry. Participants are exposed to a mock demonstration on the actual conduct of the Domestic Inquiry. Samples of all documents relating to minutes of DI, Recommendation of Panel, Recommendation of HR Manager, and Decision letter to the accused are given out as handouts and for reference.
To reinforce the learning, participants are exposed to principles set by the Industrial Court through introduction and discussion of actual court cases both where employers have been proven right and others where employees have won thus giving a very balanced approach dispelling the belief that many believe that the Industrial Court always favors employees.
Participants will also take part in case study discussions which will help to focus their mind on looking the situation holistically before making a decision on indiscipline.
The Important Modules you will learn during this 2 day workshop
Module 1
Understand the types and content of employment contracts and its implication on termination
Module 2
Be aware of the duration of and payment during suspension of employees before and after DI
Module 3
Distinguish the types of disciplinary action
Module 4
Appreciate the content of the code of conduct for industrial harmony
Module 5
Issues to be look out for on termination of probationers and confirmed employees for poor performance, indiscipline and retrenchment
Module 6
Other termination issues that should be aware relating to medically boarding out, frustration of contracts, expiry of fixed term contracts, retirement & resignation
Module 7
Quantum and formula for calculation of termination benefits under the Employment Act 1955
Module 8
Issues relating to unfair & illegal dismissal & constructive dismissal
Module 9
Legal rights & remedies for employees in dismissals under Industrial Relations Act 1967
Module 10
Understand the main principles set by Industrial Court Awards
Course Leader
Cyril Pagadala has vast real work experience, in local and multinational companies, of more than 18 years in the field of Human Resources Management, Administration and Operations in various industries: banking, manufacturing, hospitality, tourism, and publications. He last held the position of Director of Administration and Human Resources. He is now a lecturer and corporate trainer.
He has a BA (English) and MA (Human Resource Management). In his work experience he has gone through the whole gamut of HRM including: setting up the HR Department A-Z with appropriate systems, designing policies and procedures, handling misconduct, taking disciplinary action, conducting the domestic inquiry, handling grievances, carrying out negotiations with trade unions and collective agreements, administration of the Employment Act 1955 and Regulations, Company Policies, etc; at all levels
Cyril Pagadala is a PSMB Certified Trainer for Corporate Programmes (PSMB/ TTT 0217) and a PSMB Approved Trainer in English and Business Communication for the PSMB Graduate Training Scheme; He trains and facilitates programs in Human Resource Management, Employment Laws, Managerial Skills, Customer Relations, Soft Skills, English and Business Communication.
Who Should Attend
HR / Non-HR Managers, Executives, Supervisors, Assistants and anyone who are involved in employee performance management.
Workshop Size
Registration is strictly to the first 20 people. This cannot be altered. If the past is any indication of the future, spaces fill up very quickly. If you are interested in attending, call us now or download the registration form here and fax it back to us at ++6 03 40235716.
HRDF Claimable
This workshop is claimable under the HRDF SBL Scheme. Checks with your department to make sure you are eligible.
Tax Deductibility
In all likelihood this seminar is tax deductible. Check with your accountant to be sure.
Workshop Investment $$
RM 1490.00 per delegates. This includes all workshop materials. Lunch will be provided.
Early Bird Offer!!
If you register yourself EARLY, you will enjoy a discount of 5%. For more information, please refer to the registration form here.
Group Discount!!!
If you register in group of 3 persons or more, you will enjoy additional 5% discount, and if your group are 5 persons or more, you will get a much greater discount of 7%, and 10% discount shall be entitled for group of 8 persons or more. So get your friend or colleagues to register with you!
100% Satisfaction Guaranteed
We understand that some of you don't know us. That is why we make this workshop a 100% satisfaction guaranteed. If for any reason whatsoever you don't feel like you have received more than your money worth by lunch break, simply hand in your materials for a complete 100% refund. No weasel clauses, no hassles, no questions asked. We won't lie, as rarely we have to make refund to our participants; however it is our integrity which makes our business successful.
If you like what you have gone through so far, you may register yourself by downloading the full brochure here, and fax the registration form back to us at ++6 03 40235716. And if you happen to have some friends or colleagues who would be interested in this workshop, please forward this link to them.
Yours Sincerely,
Global Intelligence Network (M) Sdn Bhd
Tel: ++6 03 40216000
Fax: ++6 03 40235716
Email: admin@gin-my.com
