2 DAY PROGRAMME ON DO'S AND DONT'S FOR HUMAN RESOURCES MANAGER & EXECUTIVES
Application for PSMB Assistance should be made under SBL
9-10 November 2010 – Emperor Hotel , Melaka
18 – 19 November 2010 – Grand Bluewave Hotel, Johore Bahru
29-30 November 2010 – New World Suites, Bintulu,Sarawak
Time – 9.00am to 5.00pm inclusive 2 Tea Breaks and 1 Lunch
INTRODUCTION
A disciplined workforce is a prerequisite for the smooth functioning of any organization and maintenance of a high level of quality and productivity in its products or services.
An organization can be said to have a well-disciplined workforce if employees adhere to regulations, comply with instructions and carry out their duties as they are supposed to.
However, in any organization there would, invariably, be a few employees who breach the rules and would have to be punished.
In the vast majority of cases, the delinquent employees who are punished seem to be exonerated in the courts and employers have had to pay heavily for dismissals carried out without just cause or excuse.
The HR has the responsibility of presenting the views of the management to all levels of employees, and take necessary action to implement the views.
This appears to be because employers have not been able to substantiate their case with facts relating to the case, and this in turn is caused by haphazard investigation, poor prosecution and bad conduct of due inquiries or they are not aware of the relevant legislation and domestic inquiry requirement.
This programme is intended to impart to participants an understanding of what constitutes misconduct and how to conduct inquiries into misconduct effectively and make proper decisions / findings to ensure that the decision of the company to dismiss is upheld at any level.
OBJECTIVES:
The core objectives of the course:
• Examining misconducts, major and minor in respect to the each industry
• Understand insubordination and how to reach to it
• Handle discipline in workplace
• Manage performance appraisal
• Develop a detail grievance procedure
• Manage and implement domestic inquiry process
• Managing Probationary employees
• Prepare HR policies
• Managing sexual harassment at workplace
• Managing absenteeism
• Managing Leave – annual leave, sick leave, etc
• Managing Termination of employees
COURSE OBJECTIVES
This course has been designed to give participants an understanding of the various types of misconduct and relevant legislation, such as the labour laws and company’s polices, including:
DO’s
• Examining misconducts, major and minor in respect to the each industry
• Understand insubordination and how to react to it
• Handle discipline in workplace
• Manage performance appraisal
• Develop a detail grievance procedure
• Manage and implement domestic inquiry process
• Managing Probationary employees
• Prepare HR policies
• Managing sexual harassment at workplace
• Managing absenteeism
• Managing Leave – annual leave, sick leave, etc
• Managing Termination of employees
• late coming and tardiness,
• excessive medical leave, not seeing company doctor and patterned sick leave,
• poor performance, insubordination and related acts of misconduct,
• fraud, criminal breach of trust and cheating
• fighting, sleeping at work, gambling, assault, sexual harassment, etc.
• the various steps that can be taken to curb these acts of indiscipline, and
• Managing sexual harassment at workplace
• Managing absenteeism
• Managing Leave – annual leave, sick leave, etc
• Managing Termination of employees
DON’T’s:
• HR managers must not be bureaucratic
• Be inaccessible and unreachable to employees
• Don’t make assumption
• Don’t create an atmosphere conducive to sexual harassment by providing potentially offensive forms of entertainment.
After this workshop you will be able to:
• Understand how to deal with misconduct
• Conduct proper performance appraisal
• Manage absenteeism
• Conduct a domestic inquiry effectively and diplomatically for all parties
• Carry out proper disciplinary actions that is relevant to the misconduct and within the framework of the legislation.
• Know the roles of the panel members, witnesses, decisions makers,investigation officers and prosecuting officers
• Prepare inquiry notes, management letters, charge sheets and panel
• findings that is accurate and comprehensive
• Collate evidences, documenting the inquiry proceedings accurately and prepare the witnesses for an actual proceeding
COURSE CONTENTS
Day 1
A. Misconduct
• What is misconduct?
• Sources that show us how to manage misconduct
Section 14 of the Employment Act 1955
Code of Conduct for Industrial Harmony
Case Laws
Company’s Rules and Regulations and Code of Conduct
• Function of Courts in decision re: termination following misconduct
B. Meaning of Absenteeism
• Absence with Leave
Approval not automatic
Onus on employee to ensure approval
• What is absence without leave?
• Section 15(2) of the Employment Act 1955
• Circumstances of absence beyond employee’s control –
detention / jail
C. Other Forms of Absenteeism
• Excessive medical leave
• Managing sick leave from panel doctors vs. any registered medical practitioner
• Tardiness at workshop
• Emergency leave
• Request for leave via sms
Case Study / Quiz / Discussion
D. Other Forms of Misconduct
• Insubordination
Meaning
Situations
Remedies
• Fighting
• Threat & Intimidation
• Intoxication / Drug taking
• Conflict of Interest
• Not punching the card / Punching card for friend
• Failure to report for agreed overtime
• Not following Standard Operating Procedures
• Theft and acts of dishonesty
• Cheating and misappropriation
• Fraud – tampering with company documents / notice boards / medical chits
• Smoking in unauthorized places
• Sleeping while on duty / during breaks
• Misuse of company electronic equipments
• Sexual harassment
• Breach of Duty of Fidelity
• Breach of Duty of Care
Case Study / Quiz / Discussion
END of Day 1
Day 2
E. Other Aspects of Misconduct
• Different Types of Misconduct - Single act of Misconduct, Similar Misconduct, Past Misconduct, Criminal Misconduct, Private Misconduct, Provocation of Misconduct & Condonation of Misconduct / Delay
• Contributory acts of employer
• Focus on charge – not moved by other elements (e.g. large losses for company)
• Supervisor’s role in taking action
F. The Procedures to Address Misconduct
• Initial Counseling
• Drafting the charges
• Show Causes and Warning letters
• Building a case against the employee
• The Status in law re: Domestic Inquiry
• Domestic Inquiry Procedures (in brief)
• Burden of Proof / Standard of Proof
• Punishment, Unequal Punishment and Double Punishment
• Appeals
Case Study / Quiz / Discussion
G. Poor Performance
The Probationer
• Rights of a Probationer (Khaliah Bt Abbas)
• Status of non-confirmation
• Fair Assessment of a probationer
• Can an employee be terminated before the expiry of
Probation period
• Importance of proper interview selections, job descriptions and standard operating procedure
The Permanent Employee
• Standards laid down by court
• Need for warnings
• Opportunity to improve
• Performance appraisals
• Failure to show improvement despite opportunity
• Is Domestic Inquiry needed prior to terminating a poor performer?
• Is transferring or demoting a poor performer a good move?
• Option of requesting the poor performer to resign - good move?
• Allowing a poor performer to continue to work –
condonation of standards?
H. Special Features:
• Drafting of various Letters on Suspension, Warnings, Dismissals, etc
• Attitudinal issues managers face including persistent absenteeism, sick leaves etc
I. Termination & Dismissal:
• Difference between Termination & Dismissal
• Burden of Proof and Standard of Proof
• Reasons for Termination & Dismissal, Collecting Evidence
• Termination of Probationers & Permanent Employee
• Requirements of natural justice & Preliminary Investigation
• Brief guideline on disciplinary procedures to Domestic
Inquiry, Admission by accused employee
• Is failure to conduct a domestic inquiry fatal?
• Appeal Process
MEDIUM OF INSTRUCTION
• English
METHODOLOGY
• Notes
• Interactive lectures
• Discussions / case studies
COURSE DURATION
• Two days
PROFILE OF COURSE LEADER
Dr. Krishna, PhD, is a Human Resources Consultant for the past 17 years.
Dr. Krishna has been involved in trade union activities for the past 30 years. His interest lies in industrial relations and occupational safety and health. From 1992-1994, he served the Committee headed by the Minister of Human Resources on the implementation of the Occupational Safety and Health Act 1994. He was also a panel member of the industrial court from 1999 – 2004.
Dr. Krishna was awarded a fellowship by the International Labour Organization (ILO) to study a Post Graduate Program in Human Resources Management at Sheffield City Polytechnic. Dr. Krishna was awarded the Doctor of Philosophy (PhD) in Business Administration, majoring in Occupational Safety & Health by the University of New Castle and his thesis entitled “Selection of Materials and Developing Tools For Training in Occupational Safety and Health in the Malaysian Perspective” was received.
He has served several unions as executive secretary and industrial relations officer. He was Director of Education of Malaysian Trades Union Congress (MTUC) from 1990-1994.
Dr. Krishna is a member of the Institute of Personnel Management, United Kingdom and was the Vice President of Malaysian Association of Human Resource Consultants and currently the councilor member.
Besides, been a management consultant to several multinational companies, is a registered labour representative (Malaysia) and a trainer for the Safety Officers Professional Program, he also teaches in Post Graduate and MBA program on Managing Human Resources.
Dr. Krishna has published articles for the Commercial Clearing House (CCH) in safety and health, industrial relations, human resources management, performance management, accident compensation and other related fields.
Dr. Krishna currently specializes in Key Performance Indicators (KPI) and in this respect has conducted several program for large and professional organizations.
Dr. Krishna’s knowledge on industrial relations, occupational safety and health and other foregoing areas of human resources management coupled up with his academic achievements makes him a well respected Human Resources and Industrial relations practitioner.
Dr. Krishna, is a facilitator for BBA, MBA and PhD programs for Asian Institute of Management Science.
REGISTRATION FORM
Do’s and Donts For HR Managers
Name of Company ………………………………………………
Address…………………………………………………………..
…………………………………………………………………….
Tel ………………..Fax………………Email……………………
Name of Contact Person…………………………………………
Name of Participant……………………………………………..
…………………………………………………………………….
…………………………………………………………………….
………………………………………………………………..
Course Fee RM 990.00 per participant
10% discount for a group of 5 participants.
5% discount for all registration received before 30 October 2010
Administrative details
1. Cheque should be made payable to Alpha Consultants (M) Sdn Bhd
2. No cancellation is allowed but a replacement delegate may be sent
3. An acknowledgement for the registration will be sent to you
4. Reservation can be made by telephone.
5. The organizer of the course reserves the right to cancel the course or make any changes to the venue due to unavoidable circumstances
Organised by
ALPHA CONSULTANTS (M) SDN BHD
No.1141, 11th Floor,Block A3,Pusat Dagangan Setia Jaya
No.9, Jalan PJS 8/9, 46150 Petaling Jaya
Tel : 0356384645, 0136309280
Fax : 0356310577 , 069528208
Email : alphapj@gmail.com
