Exercise 1 1)Discuss why protection is important for both employers and employees. Elaborate on the problems faced by both employers and employees. 2)Find more information on labour court. Compare with other countries. 3)Get the Employment Act 1955, briefly mention the coverage of the Act (list down the parts of this statute).
Exercise 2 1)List down the responsibilities and rights of employer and employees in the following sectors; a) Human resources department b) Government officers c) Teachers d) ……….. 2)Discuss the consequences of not fulfilling the responsibilities on; - the employer, the employee, the industry, the community and the country.
Exercise 3 Question 1 Mrs Minah was at one time employed at the ‘XYZ company’ but later became ‘home workers’. However, the machine that she used for the work was provided by the company. She had no fixed hour and for number of weeks she did not work at all. She was paid weekly according to the garments she did. However, in 2011, the company did not ask her to sew any garment. Discuss her legal position.
Question 2: Salmah’s contract of employment with ‘Petronas’ incorporated the terms of a collective agreement. There had a ‘mobility clause’ in the collective agreement which obliged her to work in any country of the company to which she might be posted. She had been transferred to Sudan but she did not want to go by giving an excuse that she need to take care of her sister who was terribly sick. Advise her.
Exercise 4 Question 1 1)Encik Rajoo is the employee of Syarikat Mesra Pelanggan Sdn Bhd; a) Can Mr Rajoo get an advance of RM2,000 to pay the medical bill of his daughter? b) What if the company has been declared bankrupt and Encik Rajoo hasn’t received his salary for three months? c) What if his employee give different benefit to replace his salary such as food and shelter?
Question 2: Salmah who was the bank officer did not want to work on her rest day. Advise her. Question 3 Gan Eng who was a bus driver claimed for the recovery of overtime wages. In his contract of service, he agreed to work for fourteen hours a day. He wanted to claim for overtime but his employer argued that the had signed his contract of service. Advice him.
SCL 2 1)Exercise 5 2)Exercise 6 3)Exercise 7
Exercise 5; Question 1 1)Puan Azimah, a widow of the Encik Azrul brought an action against her husband’s employer. Encik Azrul was a very experienced project supervisor. He had entered the tank together with other his staf, Encik Mat, even though he knew that a powered blower was necessary to ventilate the tank. Both of them was found dead inside the tank. Can she win the case? What about Puan Laila, a widow of Encik Mat?
Question 2: ‘Syarikat Maju’ had bought a machine from ‘XYZ Company.’ Ahmad, an independent contractor, while operating the machine had mistakenly pressed the button and caused minor explosion. That explosion caused major injury to Ahmad and minor injury to Puan Aini, a visitor. Discuss the liabilities of Syarikat Maju and XYZ Company. What if the explosion happened due to the manufacturing defect of the machine?
Exercise 6. Question 1 1)Azman is a male nurse working in one of private hospital in Kuala Lumpur. His application to be promoted as a senior nurse is rejected on the ground that the job is not suitable for male and it is clearly stated in the. Advise him.
Question 2: Azimah is working at one factory. She needs to work from p.m to 5.00 a.m as her shift is at night. She is heavily pregnant but she does not inform her boss about her pregnancy since she is afraid that she is going to be terminated from service. After her confinement period, she makes her mind to quit working and take care of her baby. Advise her boss.
Exercise 7 Discuss the following; 1)How the laws protect; a) minor b) female