A Practical Guide to The Employment Act 1955 [2E]: Incorporating the Employment (Amendment) Act 2022

A PRACTICAL GUIDE TO THE EMPLOYMENT ACT 1955
2nd Edition Incorporating the Employment (Amendment) Act 2022

Employment (Part-Time Employees) Regulations 2010
Employment (Termination and Lay-Off Benefits) Regulations 1980

The Employment (Amendment) Act 2022 comes into force on 1 January 2023. With effect from that date, the Minister of Human Resources amended the First Schedule and increased the scope of the Act from persons earning not more than RM2,000 to all persons engaged under a contract of service.

This was indeed a quantum leap benefitting all employees in the country. The interest of employers was safeguarded by limiting entitlement to payments for overtime work on rest days and public holidays and termination benefits to those earning up to RM4,000.

One of the greatest benefits is that all employees irrespective of salary will enjoy is access to the Labour Court. The entire Act and related Regulations have been presented with practical examples and relevant case law.

Questions have also been provided to encourage the reader to apply the law to practical problems that usually arise in the course of the HR practitioner's work. A brief explanation of the salient provisions of the Minimum Retirement Age Act 2012 has also been included in Chapter 11.

An additional feature of this edition is the inclusion of more than 60 FAQs with answers.

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About the Authors

T. Balasubramaniam has been involved in industrial relations since 1961. After obtaining a Second Class Upper Honours in Social Science (Economics), University of Singapore and a Law degree, he obtained his LLB (Hons). He founded MECA Employers Consulting Agency in which he is the Head and Principal Legal Adviser. He has served in many positions of honour such as the President of the Malaysian Institute of Human Resource Management (MIHRM), Advisor to MECA and currently lecturer in Labour Law at Universiti Kebangsaan Malaysia (UKM). He also lectures part-time on industrial relations and industrial law at various institutions of higher learning.

Dharam Sivalingam obtained his LLB (Hons) in 1994 and CLP in 2000. After that, he joined the Industrial Court as a Legal Research Officer. Upon completion of the period of training, he joined MECA in 2001 and now serves as its Senior Legal Adviser. His main responsibilities are to advise clients on industrial relations issues and to appear before the Industrial Court, Labour Court and Jabatan Tenaga Kerja on behalf of MECA members. He is also an experienced trainer and regularly trains HR practitioners and members of the management team. He is currently a partner at Messrs. Sivalingam and Partners but still acts as an adviser to MECA.

Anna Balasubramaniam joined MECA in 1996 as a Research and Training Officer after obtaining her LLB (Hons). She was promoted in 1999 to Senior Legal Adviser and continues to serve in that position. Prior to joining MECA, she was attached to the Legal Aid Bureau and also to the Legal Department of the Employees Provident Fund. She has advised more than 1,000 clients from various industries on employment law matters. She became Principal Legal Adviser in 2017 and regularly appears in the Industrial Court and Labour Department to represent MECA clients. Her area of strength is advisory work and representation in domestic inquiries. She has been one of the trainers in all the courses conducted by MECA. She is presently the Managing Director of MECA.