HRM 581 - INDIVIDUAL ASSIGNMENT II: COMPLIANCE ANALYSIS PDF

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FACULTY BUSINESS MANAGEMENTBACHELOR OF BUSINESS ADMINISTRATION(HUMAN RESOURCE MANAGEMENT)MALAYSIAN EMPLOYMENT LAW(HRM 581)INDIVIDUAL ASSIGNMENT II: COMPLIANCE ANALYSISSTUDENT NAME : SITI NURAISHAH BINTI OTHMANSTUDENT ID : 2018638752CLASS : MHR 7LECTURE NAME : AFZAN NOR BINTI TALIBSUBMISSION DATE : 1...

Description

FACULTY BUSINESS MANAGEMENT BACHELOR OF BUSINESS ADMINISTRATION (HUMAN RESOURCE MANAGEMENT)

MALAYSIAN EMPLOYMENT LAW (HRM 581)

INDIVIDUAL ASSIGNMENT II: COMPLIANCE ANALYSIS

STUDENT NAME

:

SITI NURAISHAH BINTI OTHMAN

STUDENT ID

:

2018638752

CLASS

:

MHR 7

LECTURE NAME

:

AFZAN NOR BINTI TALIB

SUBMISSION DATE

:

18 – 24 MAY 2020

AUTOSECURE WORKSHOP B72-2, KL Biz Park, 25100 Kuala Lumpur

Our. Ref: Staff/920207066069/2020 To, En. Muhammad Faizal Haikal Bin Abd Halim I/C No. : 920207066069 Alamat: T-12, Taman Mawar, 27000 Kuala Lumpur. Date: 01st January 2020 Mr.

OFFERING AND APPLICATION OF WORK AS MACHANIC It is for this reason that we offer and designate you as MACHANIC, works beginning February 1, 2020 and your presence is very welcome in our Company. The terms and conditions are as follows: 1.0 Wages The salary offered is RM 1,000.00. Any increase or change in salary, if necessary, will be discussed jointly. 2.0 Annual Holidays You are given an annual leave of 15 days a year. Leave application must be made 2 weeks in advance. 3.0 Days and Working Hours

Working days are from Saturday to Thursday and working hours are from 8.00 am to 7.00 pm as agreed upon. Any changes in the day and time of work will be notified. 4.0 Duties and Responsibilities To begin with, the company has provided 1 list of tasks and responsibilities that you must perform (Appendix A). Any changes and additions will be discussed together. 5.0 Termination of Contract During this contract period, both parties may terminate the contract by giving 1 month advance notice. Once again, the company is very much welcoming of your presence and is looking forward to working together for the benefit of the company.

Yours sincerely,

…………………………… .. Lokman Bin Toolib, CEO AUTOSECURE WORKSHOP

To,

CEO, AUTOSECURE WORKSHOP B72-2, KL Biz Park 25100 Kuala Lumpur

Acknowledgment and Acceptance of Work Offerings

________________________________, No. Identification card: _________________________, The Company hereby accepts the Offer of Employment and agrees to abide by the terms and conditions set forth in this agreement.

Signature: _______________________ Date: ______________

Witness signature: ________________________________ Name: ________________________ No. Identification card: __________________________ Date: _______________________

(Appendix A)

MECHANIC JOB DESCRIPTION  Conduct regular maintenance on machinery, systems, and automotive vehicles.  Meet with clients to better understand their concerns and identify the issue.  Assemble mechanical components according to specifications.  Examine machines and oversee diagnostic tests to determine functionality problems.  Design a plan of action for all maintenance tasks and upgrades.  Maintain work logs, repairs, and maintenance records.  Monitor inventory and order new parts when necessary.  Offer consultation on maintenance and preventative procedures to machine and vehicle users.  Perform vehicle assessments and alert clients on issues that will prohibit their vehicles from passing inspection.

The missing/incomplete/invalid term and condition in employment contract:

1. Wages  The wages need to follow the minimum wages. The minimum wages in city council area is RM 1200.00.  Need mention mode method of payment. In The Employment Act required that wages be paid directly on employee’s bank account unless the employee makes a written request to be paid cash or cheque.

2. Days and Working Hours  The working hours in this contract breach The Employment Act 1955. Total hours per day in this contract is 10 hours. The Malaysian Employment Act defines the workweek as 48 hours, with a maximum of eight working hours per day and six working days per week.  Overtime, For any overtime work carried out in excess of the normal hours of work, the employee shall be paid at a rate not less than one and half times his hourly rate of pay.

3. Probationary period  Probationary period, need mention in contract service. A new employee will invariably have to go through a period of probation enabling the employer to test his or hers suitability of the job he or she is engaged to do. Qualification and skill alone may not make one a good employee, other factors such as aptitude and attitude towards work and fellow workers must also be tested before he or she can be confirmed to take on the job.

4. Public holiday  The missing part in this contract is public holiday, the employer Every employee shall be entitled to paid holiday at his ordinary rate of pay on the following days in any one calendar year:  On ten of the gazette public holidays, four of which shall be(i) The National Day;

(ii) The Birthday of the Yang di-Pertuan Agong; (iii) The Birthday of the Ruler or the Yang di-Pertua Negeri of the State or the Federal Territory Day; and (iv) The Workers’ Day

5. Sick leave  The sick leave also not mention in this contract. An employee shall, after examination at the expense of the employer: (a) By a registered medical practitioner duly appointed by the employer; or (b) if no such medical practitioner is appointed or, if having regard to the nature or circumstances of the illness, the services of the medical practitioner so appointed are not obtainable within a reasonable time or distance, by any other registered medical practitioner or by a medical officer.  If there is no hospitalization, the number of days of sick leave shall be: (i) 14 days in each calendar year if the employee has been employed for less than 2 years; (ii) 18 days in each calendar year if the employee has been employed for 2 years or more but less than 5 years; (iii) 22 days in each calendar year if the employee has been employed for 5 years or more; or  If there is hospitalization: (i) 60 days in each calendar year if hospitalization is necessary, as may be certified by such registered medical practitioner or medical officer:

6. Retirement Age  Retirement age also not mention in this contract. Law on Retirement Age in Malaysia, The Minimum Retirement Age Act 2012, stating that the minimum retirement age of an employee shall be the age of 60 years old.

7. Requirement of confidentially  Requirement of confidentially also missing part in this contract. Confidentiality is the protection of information.  Confidentiality means keeping company information between employee and employer, and not telling others including co-workers, friends, family, etc.  Employee need to agree that all knowledge and information Employee gains from the trade secrets, confidential information and proprietary information, which are revealed to Employee shall for all time be regarded as strictly confidential, are and shall remain the sole and confidential property of the Company.  The Company shall be entitled to restrain Employee from disclosing any trade secret or other confidential information, or from rendering any services to any entity to whom this information has been or is threatened to be disclosed.  The right to an injunction is not exclusive, and the Company may pursue any other remedies it has against Employee for a breach or threatened breach of this condition, including the recovery of damages. Employee will only reveal or disclose the trade secrets to another person, firm, corporation, company or entity if the Company instructs Employee to do so in writing. This secrecy protection will continue even after Employee's dismissal by the Company.  Employee acknowledges that if Employee reveals the trade secrets to unauthorized persons Employee may be penalized and sued for injunctive relief and money damages as well as face possible criminal charges by Company.

8. Requirement to comply with company rules  In every contract need to mention requirement to comply with company rules. As an employee of the Company, employee need agree to abide by Company rules and regulations. Every company have their rules and regulations. The Company has the right to establish such reasonable Company rules and/or regulations which is for company operation smoothly.

9. EPF/SOCSO contributions  This missing part in contact.  EPF - Governed under the Employee Provident Fund Act 1991, EPF is a retirement saving scheme for employees who are liable to contribute EPF in Malaysia in which the savings contributed will be managed and invested under Simpanan Konvensional or Simpanan Shariah. The saving is comprised of the employee and employer’s monthly contributions and yearly dividends earned.  SOSCO - Governed under the Employees’ Social Security Act 1969, there are 2 schemes - Employment Injury Scheme that protects an employee against occupational accident or disease and Invalidity Scheme that insures an employee who is unable to work due to incurable or unlikely to be cured condition or death. It is compulsory for all Malaysian and permanent resident employees to register with SOCSO except for Federal and State Government permanent employees, domestic servants, and those who are self-employed....