Boss V. Leader

A new boss arrived. He did NOT speak at all-hands, did not send flowery emails to his staff, and did not produce a new mission statement, like every boss did before him.
We were surprised.

Then, our engineer made a huge mistake and unplugged a wrong server. A major outage resulted. The boss called him into his office.

The engineer expected the worst, he started saying "It is my fault..." but the boss stopped him. "As your manager, I should have made sure that cables were clearly labelled so such a mistake would be difficult to make." Together two of them labelled every cable in the data centre.

We never heard a reprimand nor a patronizing comment from him.

He allowed flexible working. Clients loved him because he was there for them too, always. We launched new business lines.

When he finally spoke at all-hands, he never mentioned any of what he did, he only spoke of successes of his employees, calling us out by names. He made each one of us feel very special.

What he got back was our utmost loyalty and dedication. He never asked for it, he did not need to.

Job Application

When you are applying for jobs, it is very crucial to know how is the job application process works. 

1.Get Your Resume Ready

Many companies require a resume and a cover letter in addition to a job application. When you submit a resume with your job application, it is important that your resume is well organized and polished. You also want to be sure that your resume is a match for the job you are applying for. 

2.Write a Cover Letter

A cover letter is a document that explains why your skills and experiences make a good fit for a job. A cover letter may be required as part of the job application process. If it's optional, I recommend including a cover letter because it's the best way to pitch your case for an interview. Make sure that your cover letter is tailored to the specific job listing. 

3.Job Applications

You can apply for jobs online, via email, or in person. No matter what job you are applying for, be sure to follow the company's specific directions for filling out the application.

4.Job Application Screening

Companies often use talent management software (also known as applicant tracking software, or ATS) to recruit, screen, hire, track, and manage applicants for employment. Therefore, your application is likely to be screened to determine if you are a match for the job. The software will match up the information in the job applications that are submitted with the position requirements for the job. Those candidates who are the closest match will be interviewed.

5.Employment Tests

Employers often use tests and other selection procedures to screen applicants for hire. The types of tests and selection procedures utilized include cognitive tests, personality tests, medical examinations, credit checks, and background checks. Some tests are conducted as part of the job application process, and others will take place further along in the hiring process - after the interview and prior to a job offer.

6.Interview Process

If you are selected for an interview, you will be invited to talk to a recruiter, hiring manager, or employer on the phone or in person (or both). The company may conduct several interviews prior to offering the leading candidate the job. Some interviews are one-on-one, while others are in small groups.

7.Hiring Process

From the time you apply for a job until the time you accept a job offer, you will go through a series of steps as you progress through the hiring process. 

9.Job Offers

When you receive a job offer, you're close to the end of the process. However, you don't need to accept the job, at least right away, if you're not sure whether or not it is the best opportunity for you. It's important to take the time to carefully evaluate the offer so you are making an educated decision to accept, reject, or renegotiate, the offer. 

10.New Hire Paperwork

Once you have accepted a job offer, it's time for the new hire paperwork you'll need to complete to get on the payroll. The hiring paperwork you will need to complete includes eligibility to work forms, tax withholding forms, and company specific paperwork. Here's the information you'll need to provide to your new employer.

Cawangan baru Bank of America tanpa pekerja

Sejak beberapa bulan yang lepas Bank of America telah membuka tiga cawangan automatik di mana pelanggan boleh menggunakan mesin ATM dan mengadakan persidangan video dengan pekerja di cawangan-cawangan lain, menurut jurucakapnya Anne Pace.

Seperti kebanyakan bank di Amerika pada tahun-tahun kebelakangan ini, Bank of America telah mengurangkan bilangan cawangan bagi mengurangkan kos.

Walaupun ia membuka cawangan baru di beberapa pasaran terpilih, cawangan baru biasanya lebih kecil dan menggunakan lebih teknologi. Cawangan-cawangan baru mensasarkan perniagaan gadai janji, kad kredit dan pinjaman kereta selain urus niaga yang mudah seperti menunaikan cek.

Pace berkata terdapat satu cawangan sepenuhnya automatik di Minneapolis dan satu lagi di Denver. Luasnya satu perempat daripada saiz cawangan biasa.

Ketua Unit Perbankan Pengguna Bank of America, Dean Athanasia pernah menerangkan secara ringkas tentang cawangan-cawangan yang baru semasa sesi soal jawab di persidangan pelabur, tetapi dia tidak menerangkan secara terperinci.

Athanasia berkata Bank of America akan membuka 50 hingga 60 cawangan baru pada tahun hadapan, Pace pula berkata bahawa bank itu juga akan menutup cawangan di pasaran tertentu, jadi 50 hingga 60 cawangan tidak dikira sebagai peningkatan bersih. 

Bank of America membuka 31 cawangan baru pada 2016 dan mempunyai 4,579 pusat kewangan pada akhir suku keempat tahun 2016, berbanding 4,726 pada suku keempat 2015 dan 5,900 pada akhir tahun 2010.

Sumber daripada The Star

Whistleblower CEO wins suit

A former chief executive officer has won his lawsuit against his former employer in a whistleblower case.

Dr Syed Omar Syed Agil, 56, had sought protection as a whistleblower for allegedly exposing the financial improprieties of his colleagues at Institut Profesional Baitulmal Sdn Bhd (IPB).

He succeeded in his bid to get the High Court to order his former employer to cancel a notice of internal investigation dated Oct 6, 2015 against him for alleged misconduct.

Yesterday, High Court judge Justice John Louis O’Hara ruled that IPB failed to prove that the detrimental action taken against the plaintiff was not in reprisal for his (Dr Syed Omar) disclosure to the anti graft body and the police.

He cited Section 10(1), (3) and (7) of the Whistleblower Protection Act, which showed that the defendant should prove that the action against the plaintiff was not in reprisal for his action.

Dr Syed Omar, however, has withdrawn his bid to get a court order to direct IPB to restore him to his position as its CEO and permit him to return to his duties.

Justice O’Hara ordered the company, named as the sole defendant, to pay RM18,750 in costs to the plain­tiff.

Dr Syed Omar was appointed CEO of the IPB on Sept 1, 2014 but he was suspended on Oct 7, 2015. His contract ended August last year.

His lawyer Aston Paiva said yesterday that this was the first such case to seek relief under the Act through a court process.

In an immediate response, Dr Syed Omar described this as a victory for a whistleblower.

“Now I think nobody should be afraid to come out and expose any wrongdoing or malpractice or fi­­nan­­cial irregularity.”

In his originating summons filed in December 2015, Dr Syed Omar sought an injunction to restrain the company, which runs the private college and which is 70% owned by the Federal Territories Islamic Religious Council, from continuing an internal probe against him and suspending him for being a whistleblower.

In his court papers, Dr Syed Omar, who is a now an education-based foundation CEO, said he had acted as a whistleblower in his 2015 disclosure to the Malaysian Anti-Corruption Commission and police of alleged improper conduct, and hence, should be given protection under the Act.

Akaun 2 KWSP 'Terkunci Terus' Di Bawah Skim Baru PRIMA - duit tidak boleh dikeluarkan selagi pinjaman rumah tidak selesai

Skim pinjaman perumahan baharu yang diumumkan Perdana Menteri Datuk Seri Najib Razak dalam Bajet 2017 akan memberi kesan terhadap kapasiti pengeluaran jangka panjang pembeli daripada akaun Kumpulan Simpanan Wang Pekerja (KWSP) mereka.

Ketua Pegawai Eksekutif KWSP Shahril Ridza Ridzuan berkata skim itu dibuka untuk pembeli rumah kali pertama dan bagi pembelian rumah Perumahan Rakyat 1Malaysia (PR1MA) berharga RM300,000 ke bawah.

“Kami sedang memuktamadkan skim itu yang akan bermula 1 Januari, namun yang mahu mengambil skim itu perlu memastikan mereka tahu bahawa dengan mengambil pinjaman jangka panjang itu mereka tidak boleh mengeluarkan wang daripada Akaun 2 untuk kegunaan jangka pendek,” katanya.

Shahril berkata ini kerana di bawah skim itu, 4 bank yang menyertainya iaitu:- Maybank, CIMB, RHB dan AmBank akan meluluskan permohonan jumlah pinjaman berdasarkan kepada pendapatan masa depan yang akan masuk ke Akaun 2 KWSP peminjam.

Katanya, langkah untuk “ring-fence” akaun KWSP peminjam juga untuk memberi lebih jaminan kepada bank supaya mereka boleh memberikan had pinjaman lebih tinggi kepada pemohon.

Maka, mereka yang memilih kemudahan itu tidak akan dapat membuat pengeluaran pra persaraan lain di bawah Akaun 2, termasuk untuk perubatan, pendidikan, umur 50 dan bagi menunaikan haji, sehingga pinjaman PR1MA itu diselesaikan sepenuhnya.

Beliau berkata keadaan itu mungkin jadi rumit jika peminjam tidak membayar pinjaman rumah berkenaan.

"‘Ring fence’ bukan caj kepada Akaun 2 untuk memaksa ahli mengeluarkan wang mereka tetapi ahli akan pasti menggunakan wang itu untuk mengelak bankrap,” 

Katanya, jika peminjam ada masalah tunggakan bayaran semula pinjaman itu, wang dalam Akaun 2 akan digunakan akhirnya meskipun ia tidak boleh digunakan sehingga pinjaman berkenaan dijelaskan.

Shahril juga menafikan ada rancangan untuk meluaskan skim pembiayaan hampir sama untuk skim perumahan mampu milik Selangor, iaitu Rumah Selangorku. “PR1MA ialah skim perumahan di seluruh negara. 

Reward systems based on performance

Performance driven reward systems will become a norm in workplaces as employers are forced to “rework their compensation packages” to attract and engage with their employees.

This is because salary increases fell by 0.4% to 5.2% last year, according to the 2016 Total Compensation Measurement (TCM) Survey by Aon Hewitt.

Although the gross domestic product grew at a steady 4.2%, the consumer price index was 1.8% higher in November last year compared with the figures for the same month in 2015, it said.

“The decline in salary increases translates to real wages diminishing for the Malaysian workforce.

“As a result, employers are pressured to rework their compensation packages to engage their talent more effectively,” said Aon Hewitt, a global talent, retirement, and health solutions business of Aon plc in a statement yesterday.

The survey, which measures how organisations are addressing projected salary budgets, variable pay, and cost-saving initiatives, was based on findings collected from 232 employers nationwide.

The salary trend for fresh graduates, however, remained optimistic as local employers are expected to continue “paying a premium” for jobs in high-tech and engineering related fields.

Fresh graduates in the field of engineering, research and development, and project management were offered the highest starting salaries over RM3,500 a month while fresh graduates in high-tech industries are paid 27% more than those in property and construction.

“Throughout the nation, more than half of the fresh graduates entering employment earned less than RM2,500 per month,” it said.

Aon Hewitt Malaysia managing director Prashant Chadha said fresh graduates, although inexperienced, are “digital natives” and that contributed to relevant skills needed in today’s market.

Japanese firm offers "heartache leave" for staff

Heartbreak heaven for staff

Lovelorn staff at a Japanese marketing company can take paid time off after a bad break-up with a partner, with more "heartache leave" on offer as they get older.

Tokyo-based Hime & Company, which also gives staff paid time off to hit the shops during sales season, says heartache leave allows staff to cry themselves out and return to work refreshed. "Not everyone needs to take maternity leave but with heartbreak, everyone needs time off, just like when you get sick,"

By asking for a shitsuren kyuka, the staffer would be requesting “compassionate leave to fix a broken heart” and its granting would be the norm.“Unless you are extremely lucky,” says Hiradate, the firm’s 37 year old founder and president, “you will definitely have the experience in your 20s and 30s of being brokenhearted after someone leaves you.

“So, shitsuren kyuka is a paid holiday you take when that happens and you feel too devastated to come to the office. I introduced it after I asked young women what they wanted from ‘female-friendly companies,’ and they suggested these holidays.”

As for how much rest a lovelorn lady might be allowed, Hiradate believes that the damage done by breaking up gets more serious the older you become. Consequently, her company grants one day a year off to staff in their early 20s, two days off to those in their late 20s and three days off to thirty somethings. "Women in their 20s can find their next love quickly, but it's tougher for women in their 30s, and their break-ups tend to be more serious," Hiradate said.

Of course, a female friendly workplace would offer flexible working hours and child care leave to help women balance their lives as both mothers and workers. But Hiradate wanted something more, and when she heard the suggestion for “heartbreak leave,” she went for it at once.

“Some people may just call their office and say they’re taking a day off because they don’t feel well, but in my company the employees can openly say they are taking a shitsuren kyuka. They are not asked anything more.

“You know, when you are brokenhearted, you feel terrible and have red eyes and the condition affects your work performance. I recommend them to come to the office after taking some rest. That’s good for the company, too,”

Sounds nice. How many staff have actually taken the holidays since the company introduced them last year? “Fortunately, nobody has,” Hiradate says. But she swears that she herself will take her shitsuren kyuka if the need arises. “Of course, I will take three days off!” she says. In fact, in the way it reflects women’s real needs, Hiradate’s shitsuren kyuka policy also apply symbolizes the character of her business, which hinges on reflecting the women’s market.

Hiradate started her Hime Club (meaning Princess Club) market-research business mainly targeting women in their 20s and 30s in 2002, then renamed it Hime & Company. The business has grown steadily while attracting such clients as cosmetics and beverage makers who create and sell products tailored to that age group.

Hiradate currently employs four full-time staff, all women, who organize and conduct market research on a pool of about 4,000 women who signed up to her “focus groups” mainly through her web site at www.himeclub.com . She calls those women her hime (princesses) because the purpose of her business is ultimately to promote products and services that make them and their contemporaries happy, she says.

The decor in the salon of her Aoyama office is deliberately girlish, with a white fluffy carpet and pink artificial flowers twined around the spiral stairs up to her office as it is there that her hime often come to evaluate new drinks, cosmetics and other products.

“One day, I would like to create a big, castle shaped department store which sells items selected by hime,” she says, smiling, in the rosy room.But to push forward to achieve her grand design, Hiradate freely admits that she relies on having the right kind of staff coming up with unique ideas.

“I started shitsuren kyuka also because I wanted to have staff who are freed from stereotype and who understand humor. I needed people who would say: ‘Shitsuren kyuka? Cool. Can I take that if I get brokenhearted when it’s revealed that my favorite pop star has got a girlfriend?”

As unusual as her “heartbreak holidays” may be, Hiradate says she is not just “trying to challenge stereotypes.” Rather, she seems to enjoy the reactions to what she is doing.

“When we started the business under the name Hime Club, it probably sounded like a hostess club in Ginza. People in PR companies, for example, had to explain to their client companies that we were actually a marketing company. However, the impact of the name was far stronger than the usual names of marketing businesses, such as ‘AA Research’ or ‘Woman Something.’ So that way our business became widely known in the industry.

“I did that on purpose. I try to create something that people cannot help chatting about.” Hiradate’s stream of new strategies seems to never stop. Another new holiday at her company is bagen hankyu (a half-day off to go to the sales) an idea that came from her experience of working in a big company.

“You can’t miss the seasonal discount sales, especially the morning of the day when they start. Of course you can take a half day off in any company, but in a big company employees tend to do that secretly and often keep their booty in the company locker.

The system benefits the company, too, Hiradate says. “My company is a venture business, and I can’t pay much to my employees. But if they can buy their clothes at half-price utilizing the holidays, that may help.”

Domestic Inquiry

Definition

An employer-led investigation aimed at discovering facts and information about a situation in which an employer has accused an employee of misconduct. A domestic inquiry typically follows a ‘show cause’ letter, which is sent to the employee requesting a written explanation for the alleged misconduct. If the response is not satisfactory, the employer will move to the more formal domestic inquiry.

Domestic inquiry should be carried out as soon as possible following accusations of misconduct and all activities should be formalized and recorded in full. Legally it is important than the investigation be carried out objectively. The investigating officers, for example, should be unconnected to the incident, and the employee should be given full opportunity to state their own case and present evidence in their favor. Union representatives or colleagues should be allowed to sit in during the process if the employer allows their presence, although the employee can’t insist on legal representation.

Note that the domestic inquiry is purely an information-gathering exercise i.e. the panel tasked with gathering the evidence do not make decisions over guilt or punishment. Their final report is sent to the relevant parties, often senior leaders, who then decide on the appropriate course of action.

Under Malaysian Law

Under Malaysian law, where an employee is subject to the Employment Act 1955 ("Act"), it is a statutory obligation imposed on the employer to conduct a "due inquiry" to ascertain whether an employee is guilty of misconduct before an employee can be dismissed or before any other major penalty is imposed.

However, Section 14(1) of the Act does not specify what amounts to "due inquiry" or how an inquiry should be conducted. While "due inquiry" has a different meaning from "domestic inquiry", some people use these words interchangeably. While a domestic inquiry, if done properly, can amount to "due inquiry" under the law, it does not necessarily mean that a full blown domestic inquiry must be conducted in every case.

Given the complexity above, it natural to find employers (especially those without a proper HR support) who are clueless as to how to conduct a domestic inquiry. The consequence can be serious as a failure to properly conduct an inquiry could result in an unfavourable finding from the Industrial Court in the event the employee files an unfair dismissal claim.

As a general rule, it is important to remember that no employee should be dismissed for misconduct unless the employee concerned has been given an opportunity to defend himself or has been given an opportunity to be heard.

In order to allow employees to properly defend themselves, employers can hold a domestic inquiry which will help them decide whether the misconduct was committed and what sort of punishment should be meted out.

Employment Act 1955

Section 14 (1)

An employer may, on the grounds of misconduct inconsistent with the fulfillment of the express or implied conditions of his service, after due inquiry:

a) dismiss without notice the employee; or

b) downgrade the employee; or

c) impose any other lesser punishment as he deems just and fit, and where a punishment of suspension without wages is imposed, it shall not exceed a period of two weeks.

Section 14(1) above only mentions "due inquiry" but does not provide specific procedures as to how an inquiry should be conducted. Initially employers especially those without proper HR department, had to do what they thought best. Their actions had been challenged and the Industrial Court had handed over numerous decisions on the necessity of holding "domestic inquiry". The Industrial Court always held that natural injustice had not been done if an employer did not hold an inquiry or proper inquiry and the Court would invariably rule against the employer who failed to do this. It is an important principle that no employee should be dismissed for misconduct unless the employee concerned has been given an opportunity to defend himself or had been given an opportunity to be heard.

In order for a domestic inquiry to be properly held, certain procedure needs to be followed. Stated below are some guidelines for a proper inquiry:

Serve on the employee alleged to have committed misconduct a letter containing

• Specific charge of the type of offence, the date, the time and place where the offence took place. Also state which rules or regulations of companies have been violated.
• The date, the time and the place where he has to be present for the inquiry.
• Inform him his right to bring along witnesses if any.
• If necessary, suspend him for not more than two weeks pending the inquiry.

Show Cause Letter

It is important to state the allegations of the misconduct clearly and precisely to the employee. This letter is to call for an explanation for the alleged misconduct and to allow the employee to defend or explain the situation, as well as to state why the employee believes disciplinary should not be taken. A timeline to respond to such letter must be stipulated in the letter. Also, the show cause letter should be drafted in a clear and unambiguous language. Whenever possible, the relevant clause of the company's policy and/or employment contract should be cited.

Example of a badly drafted show cause letter:

"You have breached Company policy and procedure relating to the approval of payment vouchers."

What would be better:

"On 23 January 2015, you had approved payment voucher no. 12455 dated 21 January 2015 ("Voucher"). The Voucher was for payment of the sum of RM10,000.00 to ABC Sdn Bhd for purchase of stationery. As set out in the Company's Approval Authority Matrix, you are only authorised to approve payments up to RM5,000.00 only and any payment exceeding this amount must be referred to and approved by the General Manager. Your approval of the Voucher in excess of your approval authority limit is in breach of the Company's policies and procedures relating to the approval of payment vouchers as set out in Clause 3.5 of the Controller's Handbook."

Response to the Show Cause Letter

The employee should respond the show cause letter within the stipulated timeframe. If the explanation is acceptable or satisfactory, no punishment should be imposed. However, if the employee fails to respond and/or if the explanation is unacceptable, the Company can either (a) take disciplinary action; or (b) if it feels the allegations are serious enough to warrant it, issue a notice of domestic inquiry.

Issuance of Notice of Domestic Inquiry

The Notice of Domestic Inquiry should comprise of the following:-

• specific charge which states the type of offence, the date, the time and place where the offence took place
• details of the domestic inquiry (ie: date, time and place)
• inform the employee his/her right to bring along witnesses or any documentary evidence, if any.
• Suspension

If it is necessary, the employer may place the employee on suspension pending further investigation of the allegation in respect of the misconduct. The suspension can be issued together with the show cause letter, or before the domestic inquiry. A suspension may be granted if the employer feels that it would prevent interference into the investigation or further misconduct.

Under the Act, the maximum period of suspension is not more than 2 weeks with half wages. However, the employer must pay back the remaining wages to the employee if he is later found to be not guilty.  This maximum period of suspension only applies to employees subject to the Act.

Set up a panel comprising of

• Chairman 
• Two independent panel members 
• A prosecutor 

The panel (odd number of persons) must consists of people who are neither directly nor indirectly connected to the matter. Panel members should be employees who are of a higher rank or seniority than the accused employee. Ideally, the employee's direct manager should not sit on the panel as it could give the appearance of bias. To ensure that the domestic inquiry is conducted adequately, the chairman of the panel should have some knowledge of the domestic inquiry process, procedures and regulations relating to employment law.

In the hearing

• The Chairman will begin first by introduce himself and another two panels. Then the Chairman will ask whether the Alleged Employee accept him and the other two panels. If alleged employee accept then the Chairman will continue to read the charge and ask whether alleged employee plead guilty or no. If the alleged employee did not accept the Chairman or the panel alleged employee must state why with reasonable excuse and the matter should be table to the management.
• If the alleged employee pleads not guilty the prosecution will begin first. He is to make out a case against the accused first by producing witnesses who have direct knowledge of case.
• The accused i.e. the employee alleged to have committed the offence, is allowed to question (cross examine) each of the witnesses on the evidence they have given
• After that the accused will be asked enter his defence i.e. to tell his side of the story
• The accused may produce witness or witnesses to support what he has said
• The accused as well as his witnesses are subject to cross examination by the prosecutor.
• The chairman will guide the proceeding and to record the evidence in writing
• Tape-recording of the proceeding may be used.
• Lawyers are not allowed to appear in this type of domestic inquiry but official of the employee's union is allowed.

After the hearing

The panel will discuss the hearing and study the evidence given by both parties and the chairman will submit the panel's finding and recommendations to the Management

Management's decision

• dismiss without notice the employee; or
• downgrade the employee; or
• impose any other lesser punishment as he deems just and fit, and where a punishment of suspension without wages is imposed, it shall not exceed a period of two weeks.

2017 tahun suram, ekonomi negara kian tenat

50, 000 hilang kerja.

2017 tahun suram, ekonomi negara kian tenat.

Rakyat negara ini melangkah ke tahun baharu dalam suasana ekonomi yang semakin parah sehingga jumlah pekerja yang dijangka akan diberhentikan oleh pihak majikan pada tahun 2017 akan terus meningkat antara 45,000 hingga 50,000 orang seperti yang dijangkakan oleh Persekutuan Majikan Malaysia (MEF).

Produk dan perkhidmatan di pasaran tempatan serta eksport kekal lemah sehingga menyebabkan harga barangan tidak stabil dan seterusnya menyebabkan syarikat berdepan kesukaran apabila keuntungan merosot dan terpaksa membuang pekerja. 

Keadaan ini pasti menyebabkan rakyat yang sudah amat terbeban dengan kos sara hidup yang semakin meningkat setiap hari menjadi semakin terhimpit.

OLD THINKING V. NEW THINKING

Survey - Employee Engagement Questions

1. Do you know what you should do to help the company to meet its goals and objectives?

2. Can you see a clear link between your work and the company's goals and objectives?

3. Do you understand the strategic goals of the broader organization?

4. Does your team support you to complete your work?

5. Does your team inspire you to do your best work?

6. Are you proud to be part of your team member?

7. Do you have a good understanding of informal structures and processes at the organization?

8. When something unexpected comes up in your work, do you usually know who to ask for help?

9. Do you have the appropriate amount of information to make correct decisions about your work?

Above are the nine question that will help managers look for the kind of meaningful engagement with employee to improve employee understanding and performance.

Foreign Worker Policy needs to be ironed out

The Cabinet yesterday decided to put on hold a decision on foreign worker until a clear and firm decision is made on the procurement process, said International Trade and Industry Minister Mustapa Mohamed.

He said there were a lot of challenges with the policy because the country is in a transition period from the old to the new system.

He said the issue raised now were the manifestation of the problems faced in any change.

Mustapa, fondly known as Tok Pa added the Cabinet decided that there has to be a proper working paper on this issue before moving to the next level.

Even though the Cabinet had agreed on several decisions yesterday it could only move to the next level once firmer decisions were made, he said.

Mustapa added any decisions made were crucial to local companies and labour policies, and due to that, the whole "eco-system' needs to be put in place, adding that is why the government is in continuous engagement with the private sector.

Yesterday, Transport Minister Liow Tiong Lai said the Cabinet had agreed to postpone to next year, the implementation of levy payment on foreign workers by employers, which will be enforced under the Employment Mandatory Commitment (EMC).

Some of the issues that need to be ironed out are levy posed on foreign workers, the right of the employer to have direct access to the workers, rather than going through a middleman, and ways to cut down bureaucracy for faster employment of foreign workers.

On Dec 31, Deputy Prime Minister Ahmad Zahid Hamidi, who is also home minister, had announced employers would be responsible for paying the levy of their foreign workers which would be enforced under the MEC.

On Jan 6, Parti Sosialis Malaysia had said it wanted the government to end the "inhuman practice" of allowing employers to deduct foreign workers' levy from their monthly salary.

PSM central committee member Rani Rasiah had said most of the foreign workers were not told of the deductions when they were recruited but only knew about it when they landed in Malaysia.

Rani had said levy was charged on employers for hiring foreign labour instead of locals and had suggested raising the cost of migrant labour for the employers to compel them to recruit more locals and in the long run, reduce the country's dependence on migrant workers.

Sarawak Chief Minister Adenan Satem dies

Sarawak Chief Minister Adenan Satem passed away this afternoon from heart complications, just two weeks shy of his 73rd birthday.

Adenan, who led the Barisan Nasional (BN) to a resounding victory during the last Sarawak election, died at the Sarawak General Hospital Heart Centre in Samarahan.

He leaves wife Jamilah Anu and five children.

Adenan replaced long-serving chief minister Abdul Taib Mahmud on March 1, 2014.

In 2010, he became Taib's special adviser, later succeeding him as the 5th chief minister.

Contract of Service & Contract for Service

Contract of Service & Contract for Service from Hanif Zulkifli

SIJIL CUTI SAKIT (MC) PALSU

Pihak PDRM berjaya menumpaskan sindiket penjualan SIJIL CUTI SAKIT atau MC PALSU yang semakin berleluasa.

Penjualan MC PALSU ini telah banyak mengakibatkan ramai pekerja mengambil jalan mudah untuk memberi alasan tidak hadir bekerja malahan sanggup membayar sejumlah wang untuk MC PALSU ini tanpa menyedari ianya boleh mengakibatkan periuk nasi mereka tergadai.

Tahniah diucapkan kepada PDRM atas tindakan pantas. 

Laporkan segera kepada pihak berkenaan sekiranya anda mengetahui tentang sindiket MC PALSU. 

PROBATION

Employees on Probation

• The Employment Act does distinguish between a employee under probation and other employees.
• He enjoys all the same rights as any other confirmed employee.

Why probation?

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.

The probationer was found to be lacking in certain areas, can he or she then to terminated on or before the end of the probationary period?

It is quite common to find a clause in the contract of service like "..during the probationary period, either party may at any time terminate the contract of service without notice...." and many employers simply make use of the clause to terminate the service of a probationers whom they find to be not to their liking. 

Employers must be careful about doing this. When a new employee first came to the company, he or she must be given training in the job he or she is supposed to do. After due training the employee still could not do the job properly, he or she must be warned, at first verbally and then in writing or extension of the probationary period if things persist. If there is no improvement despite all that, then he or she is told to go when the probationary period expires. Even in a case of serious misconduct, an employer may not dismiss the employee summarily without first enquiring into the matter.

In Khaliah binti Abbas vs Pesaka Capital Corporation Sdn Bhd, the Court of Appeal ruled that an employee on probation enjoys the same rights as a permanent or confirmed employee and he or she cannot be terminated without just cause or excuse.If a probationer feels that he or she is terminated without just cause or excuse, he can seek redress under Section 20 of the Industrial Relations Act 1967 for wrongful dismissal.

A probationer who receives no confirmation after the end of the probationary period, is he or she considered confirmed or not confirmed?

In Consolidated Plantation Berhad vs All Malayan Estates Staff Union, the Federal Court held that if an employee continues employment after probationary period, he is still an probationer. In this case an Indian Supreme Court case was cited and in that case, it was held "There can .... no doubt about the position in law that an employee appointed on probation for six months continues as a probationer even after the period of six months if at the end of the period his services had neither been terminated nor confirmed." However, if an probationer who receives no confirmation after the probationary period but is given a salary increment, he or she definitely has a strong case that the employer is satisfied with his or her performance.

Again, the position will be different if there is a clause in the contract of service stating that when no confirmation is received after the probationary period, the employee is deemed to be confirmed.