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Human Resource

Management
BBP 20102
Dr Lai Chee Sern
Section 13 | Group 19

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

Title
Reasons for dismissal of a worker
Workmen Compensation Act 1953
Industrial Relations Act 1967
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

Reason
Dismissal
of a Worker
for

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

#
UNSATISFACTORY
1
#
2

PERFORMANCE

MISCONDUCT

#
LACK
3

OF QUALIFICATIONS FOR THE JO

#
CHANGED
4

REQUIREMENT OF THE JOB

#
5 INSUBORDINATION
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

Unsatisfactory
Performance
Tardiness

Doesn't grow
professionally nor
contribute like other
employees

Persistent failure to meet


normal job requirement

Doesn't show up for work

Adverse attitude toward


the company, supervisor
or fellow employees

Reaches his goals but


exhibits a general lack of
enthusiasm

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

Misconduct

Negligence in the performance of


the duties of the position held,
misbehavior, refusal to carry out
a lawful and reasonable
instruction that is consistent with
the employee's contract of
employment or a serious breach
of the companys code of
conduct, policies, regulations or
procedures.

It can be defined as deliberate


and willful violation of the
employers rules and may
include stealing, rowdy behavior
and insubordination.

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

Lack Of
Qualification
s For The Job
Employees inability to do the
assigned work although he or
she is diligent because in this
case the employee may be
trying to do the job, it is
especially important that
every effort be made salvage
him or she perhaps assigning
the employee to another job
or training the person.

Change
Requirement
Of The Job
Employees incapability of
doing the work assigned after
the nature of the job has been
changed. Similarly, an
employee may be industrious,
so every effort should be
made to retrain or transfer
this person, if possible.

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

Insubordination
A form of misconduct is
the grounds for
Three Typesometimes
of Insubordination:
dismissal, although it may be
relatively difficult to prove.
1. Physical confrontation
instance direct disregard of
the bosss authority and
2. Verbal abuse
disobedience
3. Refusal to
perform of, or refusal to
obey the bosss orders
particularly in front of others.
An insubordinate employee is
one who purposely ignores
her manager's direct orders.

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

WORKMEN
COMPENSATIO
N ACT 1953
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

Purpose
To provide for the
payment to workmen
for injury suffered in
the course of their
employment
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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-Example CaseProcedure as to
costs
When
representative
must be
appointed
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

11

Industrial
Relations
Act 1967
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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Industrial
To settle their
Relations Act
differences and
1967 is used
to regulate
This Act also
throughout
their collective
provides the
Malaysia and
relationship
procedure
provides the
and to settle
relating to
regulation of
any dispute
submissions of
relations
arising there
claims for
between
form through
recognition and
employers and
their own effort
scope and
workmen or
and through
representation
employee and
mutually
of trade union
their trade
agreed
and collective
union and the
procedures
bargaining.
prevention and
with minimal
settlement
of
government
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical
and Vocational Education (FPTV)
trade disputes.
intervention.

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Guide to Industrial
Relations Act 1967.

Protection of
Rights of
Workmen And
Employers and
Their Trade
Union
Awards

Industrial Court

Representation
on Dismissals

Claim for
Recognition

Collective
Bargaining

Conciliation

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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Protection of Rights of Workmen


And Employers and Their Trade
Union

Imposing any conditions in a contract


of employment seeking to restrain the
right of a person to join a union, or to
continue his membership in a trade
union.
Refusing to employ any person on the
ground that he is or is not a member
or an officer of a trade union.
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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Claim for
Recognition

Executive capacity
Confidential capacity
Security
Manager
capacity
ial
capacity

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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Collective Bargaining
Where a trade union of workmen has
been accorded recognition by an
employer or a trade union of
employers :
The trade union of
workmen may invite
the employer or trade
union of employers to
commence collective
bargaining

The employer or the trade


union of employers may
invite the trade union of
workmen to commence
collective bargaining for
purpose of setting out the
proposals for a collective
agreement.

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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CONCILIATION
The Industrial Relations Department will step in the entire conciliation process
looks something as follow :

Step 1 : Parties concerned will try to reach an agreement


through negotiation.
Step 2 : The Industrial Relations Department will try to conciliate.
If matter still cannot be settled, the department will report to the
Director General.
Step 3 : The Director General will make further effort to help the
parties to reach an agreement. If that fails, the Director General
will report the matter to the Minister of Human Resources.
Step 4 : The Minister will also attempt to get the parties to
conciliate. If he fails, he may refer the matter to the Industrial
Court for arbitration.
Step 5 : The Industrial Court will hear the case and make an
order called Award.
Step 6 : Any party not satisfied with the award may appeal to the
High Court and if necessary all the way to Federal Court.
22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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Representation On
Dismissals

Where a workman, irrespective of


whether he is a member of a
trade union of workmen or
otherwise, considers that he has
been dismissed without just
cause or excuse by his employer.

He must make the claim within 60


days from the date of dismissal.

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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INDUSTRIAL COURT

Another function is to
grant cognizance to
collective agreement
which has been deposited
jointly by employers and
trade union of workmen

The industrial Court is a


tribunal whose main
function are to hear,
decide and hand down
awards relating to trade
disputes referred to it
directly by employers and
trade union of workmen
or by the Minister.

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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The Industrial
Court hands down
order called an
award on issue
referred to it.

In making its
award in respect
of a trade
dispute, the Court
shall have regard
to the public
interest, the
financial
implications and
the effect of the
award on the
economy of the
country.

Award
s

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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Thank You

22 May 2014 | Dr Lai Chee Sern | Group 19| BBP 20102 | Human Resource Management
Faculty of Technical and Vocational Education (FPTV)

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