Objectives
A contract of employment or contract of service is a legally enforceable agreement under which the employer’s basic obligation is to pay wages in consideration for the employee’s basic obligation to provide service. A contract of service is made when the offer of employment by the employer is accepted by the employee. The rights and obligations are enforceable through Courts as soon as the contract of employment comes into force. With the amendments to the
Employment Act 1955 effective 1 January 2023, the contract of employment needs to be updated in compliance with the Employment (Amendment) Act 2022. The new section 101C of the Employment Act 1955 on “Presumption as to who is an employee and employer” and the relevant provisions of the Contract Act 1950 will be explained in great detail in relations to contract of service.
 
This training programme will address the essential principles of contract of employment and more importantly to assist participants to avoid pit falls in drawing up a contract of service or letter of employment so that employers can maintain flexibility in operating their businesses within the framework of the law.
This programme will guide employers in managing changes in the terms and conditions of employment without breaching the contract of service in compliance with the employment legislations including the Employment Act 1955 as amended vide the Employment (Amendment) Act 2022.
 
WHO SHOULD ATTEND
All those involved in handling personnel and industrial relations functions.
 
TOPICS COVERED
• Contract of Employment/ Contract of Service
• Factors determining contractual relationship
• Relevant provisions of Contract Act 1950
• Contractual capacity of a child or young person
• Essential ingredients of Contract of Service
• Tests for Contract of Service
• New section 101C of the Employment Act 1955 on “Presumption as to who is an employee and employer”.
• Types of Employment Relationships
• Fixed Term Contract of Employment
• Pre-employment
• Job offer / withdrawal of offer
• Terms Implied by Law
• Duty of care by employers
• Obligations of employees
• EA Part II - Contracts of Service
• Collective Agreements (CA)
• Vicarious liability
• Managing changes in terms of employment
• Variations of contract of employment
• Important terms and conditions to include in letter of employment.
 
*For more information, please click and refer to the brochure.

Mr. Goh Seng Wing is a former Senior Consultant - Industrial Relations with the Malaysian Employers Federation. A former Deputy Director General of Labour, Semenanjung Malaysia and a former Senior Director, Department of Industrial Relations, Malaysia.
Mr. Goh Seng Wing holds a Master Degree in Human Resources Management. He has extensive experience in the interpretation of the employment laws in Malaysia, in the developing and review of company Human Resources Policy and Employee Handbooks. He has edited the MEF publication entitled “The Practical Guide on Compliance with the Employment Act of Malaysia”.