You’re an employer? Do you know what is defined as an employer according to the Industrial Relations Act 1967 (Act 177)?
Section 2:
“Any person or body of persons, whether corporate or unincorporate, who employs a workman under a contract of employment, and includes the Government and any statutory authority, unless otherwise expressly stated in this Act.”
Do you think you’re an employer? If so, let’s follow my next sharing!
EMPLOYER’S GENERAL RESPONSIBILITIES
Let me share some of the general responsibilities as an employer. Of course, there are many more responsibilities that an employer has to carry out other than the one I share.
-Preparing job offer letter
-Register as an employer for EPF and SOCSO
-Make contributions for employees for EPF, SOCSO and EIS
-Pay the salary on time
-Give due leave
Did you do the things I mentioned earlier?
EMPLOYER’S RESPONSIBILITY ASPECTS TOWARDS EMPLOYEES (1)
Let me share few things that employers need to be aware of regarding employee matters.
Working hours
i. Working hours are 8 hours a day and a maximum of 12 hours, including overtime
(Section 60A(b) and 60A(b)(7) of the Employment Act 1955)
ii. Rest time of at least 30 minutes within 5 working hours
(Section 60(1)(a) of the Employment Act 1955)
Payroll
i. Provide salary statement
(Regulation 9, Work Regulations 1957)
ii. Salary payment period not exceeding 1 month
(Section 18 of the Employment Act 1955)
EMPLOYER’S RESPONSIBILITY ASPECTS TOWARDS EMPLOYEES (2)
Grant of leave
i. Leave for at least 11 days of General Release Leave
(Section 60D of the Employment Act 1955)
ii. Paid year leave based on employee’s period of service
(Section 60E of the Employment Act 1955)
Termination of work
i. Cannot terminate during the maternity leave period
(Section 37(4) of the Employment Act 1955)
ii. Can terminate if the employee is absent 2 days in a row without reasonable grounds after conducting an investigation
(Section 14(1) and section 15(2) of the Employment Act 1955)
EMPLOYEE SAFETY
JKKP LWN. KOKO SDN. BHD. [2013] I LNS 1427
Koko was prosecuted under section 15(1) of the AKKP because an employee died while riding a tractor during the work period.
The deceased was sitting on a tire barrier and fell as the tractor swerved on a sharp bend.
The Sessions Court acquitted Koko.
The appeal then was made by the Department of Occupational Safety and Health in the High Court.
It was decided that Koko as an employer had taken all reasonable and appropriate measures to keep the employees safe.
This includes providing safety descriptions and instructing employees to sit on the floor of the tractor while the tractor is moving.
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