The Employment Act 1955, SOCSO Act 1969 & EPF Act 1991 by Pagadala Cyril Papiah
Date: 14 & 15 August 2023 (Monday & Tuesday)
Time: 9:00am to 5:00pm

The Employment Act 1955, EPF Act, SOCSO ACT are among the main laws governing employees
The Employment Act 1955 forms the basis of employment contracts between employer and certain categories of mostly non-management employees. It also serves as a guideline for employees who are not protected under the EA. The EA provides minimum benefits that must be provided to employees. The new amendments also cover some employees who were previously not protected under the EA 

The EPF Act 1991 is a retirement scheme for employees and has a lot of rules regarding contributions and withdrawal

The SOCSO Act 1969 is an insurance scheme for Malaysian employees for employment injury or invalidity. Both employer and employee are required by law to contribute to EPF and SOCSO

The Minimum Wages Order (2013) specifies the minimum wages that should be paid in West and East Malaysia  

For the first time ever the Malaysia government has introduced the Minimum Retirement Age Order (2013)

Part-timers are now also protected under the law. They are entitled to certain benefits including OT   
The workshop covers all the relevant aspects of the EA, EPF and SOCSO Acts ie duties and liabilities of employers, the benefits and conditions for benefits and procedures for making claims. It also covers the Minimum Wages Order, The Minimum Retirement Age Order, and Part-timers (Employment) Order.     

At the end of the workshop, participants are able to:

- Identify employees who are covered under the Employment Act 1955; EPF Act 1991 & SOCSO Act 1961 
- Administer the benefits of annual leave, sick leave, maternity leave, PH, rest days   
- Calculate OT on normal work days, rest days and PH   
- Identify conditions for and calculate retrenchment benefits  
- Register employees with EPF and SOCSO  
- Contribute correctly to EPF and SOCSO   
- Make appropriate claims to benefits for employees under the provisions of EPF & SOCSO
- Explain the benefits of EPF and SOCSO to employees 
- Identify part-timers who are covered under the law
- Calculate payment for OT, rest day and PH for PART-TIMERS
- Determine what allowances can be included under the Minimum Wages Order (2013) 
Program Content:

1) EA: Employment Contracts 
• What is the Employment Act?
• Who is covered under the Act?
• Types of contracts
• Are oral contracts legal?
• When must you have a written contract?
• General penalties 

2) EA: Normal Hours and OT
• Normal working hours & days
• Overtime Rates
• Max hours of work
• Max hours of OT
• Breaks during normal work hours and OT

3) EA: Special Protection for Women Employees
• Working hours and days
• Minimum rest hours per day 
• Overnight work

4) EA: Rest Days & OT
• Minimum and maximum days of rest per week
• Payment rates for work during work hours and OT
• Can an employee be forced to work on a rest day?

5) EA: PH and OT
• What is the difference between compulsory and non compulsory PH?
• No of days of compulsory and non-compulsory PH
• Payment rates for work during normal hours and OT on PH

6) EA: Annual Leave & Unpaid Leave 
• No of days of entitlement
• Conditions for paid leave 
• Encashment of leave
• Rate for work done during normal hours / OT rates
• ‘Emergency’ leave and annual leave
• Salary computation / deduction for unpaid leave

7) EA: Sick Leave
• Qualification for sick leave
• No of days of hospitalised and non-hospitalised sick leave
• How to treat sick leave in excess of EA
• The ‘deemed to be hospitalized’ clause
• Can an employee go to a non-panel doctor?
• Must an employer pay for medical expenses?   

8) EA: Maternity Allowance / Leave
• No of days of paid maternity leave
• Unpaid maternity leave
• Qualifications for maternity allowance  
• Can an employee claim maternity allowance from more than one employee?
• Can an ex-employee claim maternity allowance?

9) EA: Sexual Harassment
• What is sexual harassment?
• Procedure for reporting sexual harassment
• Responsibility of employer
• Responsibility of Labour department
• Investigation of sexual harassment

10) Minimum Wages Order (2013) 
• What is the minimum wages to be paid in west and east Malaysia?
• What allowances can be included under minimum wages?
• Effective dates of Minimum Wages Order
• Monthly rates, daily rates and hourly rates
• Minimum wages for probationers  
11) EA: Wages: Advances and Deductions 
• Authorised deductions from salary
• Limit in deductions
• Modes of payment  
• Payment date
• Content of salary slip
• Deductions for overpayment
• Responsibilities of principles and contractors

12) EA: Part-timers
• Who are the part-timers protected by EA?
• No of annual leave days
• No of sick leave days
• No of work hours and OT rate
• No of PH and OT rate
• No of Rest days and OT rate 

13) EA: Disciplinary Penalties
• Suspension period
• Payment rate during suspension before and after domestic inquiry
• Types of disciplinary penalties after domestic inquiry
• How to compute ½ pay?

14) EA: Minimum Retirement Age (2013), Retrenchment & Termination Benefits
• Minimum retirement age
• Effective date of minimum retirement age
• Who qualifies for retrenchment and termination benefit?
• Rate of retrenchment and termination benefits
• LIFO principle of retrenchment
• Retrenchment VS unfair dismissal claims   

15) SOCSO: Contributions
• Who needs to contribute?
• Rate of contribution under categories 1 and 2
• Definition of wages for SOCSO  
• Penalties for non-contribution
• Who is responsible for contribution?
• Maximum ages of contribution under Employment Injury Scheme and Invalidity Schemes   
• Returns and registers

16) SOCSO: Benefits
• Temporary and Permanent Disablement Benefit
• Total and Partial Disablement
• Occupational Diseases
• Invalidity Grant
• Pension Schemes
• Contribution qualification for benefit
• Survivors’ / dependents’ pension
• Constant Attendance Allowance
• Medical Benefit
• Funeral Benefit
• Education Benefit
• Accidents while traveling
• Procedures in claims

17) EPF: Contributions
• Who must contribute?
• Must a non-citizen also contribute?
• Definition of wages for EPF contributions
• Rate of contributions under Parts A, B, C, D
• Rate of contribution by non-citizens & employers
• Rate of contribution for employees below and above 55 years of age
• Maximum age for contribution
18) EPF: Benefits
• Withdrawal on reaching 50 & 55 & 60 years of age
• Withdrawal for other reasons before 50 years of age 
• Re-contribution to EPF after full withdrawal
• Full and partial withdrawal
• Periodic withdrawals
• Additional payments for funeral and permanent disablement
• Maximum age for withdrawal       

Presentations, case-studies, discussions
Who Must Attend:
- Employers
- HR Managers 
- HR Executives
- Payroll Specialists
- Compensation and Benefits Specialists 
Investment Fees:
RM2,000.01 (Including 6.00% Service Tax) per participant (Standard Fee)
RM1,400.01 (Including 6.00% Service Tax) per participant (Early Bird Fee, register by 10 August 2023)

Group incentive: Register 3 participants from the same organization, the 4th participant is FREE. (Buy 3 Get 1 Free)
There are 3 methods to register for this training:
  1. Kindly click here for online registration. Register Now.
  2. Kindly download this registration form, and fill up all the particulars. Please fax back to +6-03-6270-9993. Click here to download Registration Form (177KB).
  3. Call us to register. Tel: +6-03-6270-9883.
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