HR: EMPLOYMENT LAWS IN MALAYSIA
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Academic Session 2020
July Semester
Assignment 1
BBM207/05 Human Resource Management
Question 1 (a) The purpose of the Employment Act 1955 is to provide minimum terms of
employment to employees covered by the Act in the private sector. Describe the provision of
sick leave (medical leave) to employees as per the Act
Answer:
A registered medical practitioner as to define the term refers to any person who has a university
degree in Medicine and is duly licensed to work as a doctor in his geographical region or
jurisdiction. This is according to www.lawinsider.com website.
A registered medical practitioner also refers to an individual who has acquired the relevant
medical qualifications according to the Indian Medical Council Act, 1956 and has been listed in
the state register on medical practice. Additionally, this professional must have training and
experience in gynaecology and obstetrics (www.lawinsider.com). Also, a registered medical
practitioner refers to any person who has obtained formal listing or enrollment in state medical
council after completing first degree medical course in a college or university that is recognized
by the government (www.quora.com).
In the United Kingdom when a doctor becomes licensed as a medical practitioner their bio-data
would be made available for public viewing on the General Medical Council website (
datadictionary.nhs.uk ). These details would include the person's reference number, age, year and
name of medical school they attended, health status, date of registration and registration status.
In every country a doctor or medical professional is legally allowed to practice medicine only
after getting registered in the relevant state or govenmental medical register. Any doctor or
medical officer who engaged in medical practice without being licensed to do so commits a
criminal offense which is punishable by law.
Careers and opportunities available for registered medical practitioners include the following:
employment opportunities in government hospitals and health departments and centres as doctors
or clinical officers; jobs as medical practitioners in private hospitals and dispensaries, own
private practice, management and administrative roles in hospitals and medical research centres,
research roles and PhD programs, medical professor or tutor, and medical transcription work
(blog.pharmafranchisehelp.org).
According to Merrium-Webster dicictionary a registered medical practitioner is a person who is
skilled in the science of medicine, or simply, a doctor. According to medical-
dictionary.thefreedictionary.com, medical practitioner is commonly referred to as physician. All
the above try to explain or give some of the definitions of the term registered medical
practitioner.
Sick Leave Entitlement
According to www.malaysianbar.org.my there are provisions for a paid sick leave although
limits are there. The worst thing to happen to an employee would be to have his job terminated
on account of his illness. The unpleasant situation is common not just in Malaysia but in other
countries as well. That is where the Employment Act, 1955 of the Malaysian Laws has this
provision to govern the conduct of employers and employees. An employee is there to render
important services to or on behalf of the employer. This is a contractual relationship. Where an
employee reports to work but is unhealthy or unable to work because of ill health this is absurd.
On the other hand, where an employee requests for a sick leave but is denied this becomes a
serious breach of the law on the part of the employer. In other cases, where an employee abuses
the sick leave by overstaying at home then there would be no other choice for the employer but
to wait for the employee to return to work or just terminate the contract. In larger companies and
organizations when an employee falls sick and is forced to stay away from work for long, the
colleagues may step in to assist with work duties. This ensures that the effect of the sick
employee's absence from work are lessened. A sick employee therefore is entitled to paid sick
leave of up to a number of days in the month depending on how long the employee has been
working at the organization. This is according to the Employment Act, 1955.
During the employment stage, that is, when one is being accepted to join an organization as an
employee in Malaysia it is recommended that the employer drafts a document or letter stipulating
the acceptable period of paid sick leave entitled to the employee.
According to the Employment Act, 1955 an employee is entitled to fourteen days of paid sick
leave within the first two years of work at a particular organization. After the individual has
served for at least two years the number of days rises to eighteen, and to twenty two days of paid
sick leave, if having served for at least five years.
Hospitalization Leave Entitlement
According to www.ajobthing.com medical leave is granted to employees to stay home when they
are sick but still keep earning money. In the same vein, hospitalization leave covers the period
that the employee receives hospital care.
This must be approved and signed by a registered medical practitioner. The circumstances under
which hospitalization leave address include the following: when an employee underwent a
surgical operation, though as an outpatient; when the person is on bed rest at home or at hospital
as prescribed by the doctor; or the patient requires further medical care after getting discharged
from hospital and ordered to rest at home to recover.
In the Employment Act, 1955 of the Malaysian Laws an employee is entitled to a paid sick leave
as follows: fourteen days of paid sick leave if below two years of work at the organization,
eighteen days of paid sick leave if having served more than two years but not more than five
years at the organization, and twenty-two days of paid sick leave if having served more than five
years at the organization.
Workers under the Employment Act, 1955, where hospitalization is needed are entitled to sixty
days of paid sick leave. This is after they have been approved by a registered medical
practitioner or doctor. However, there are other employees in Malaysia who are not under the
Employment Act, 1955. Their needs and entitlements are safeguarded by their organization's
employment policies and contracts.
Dental Medical Care
According to the Employment Act, 1955 of the Malaysian Laws every employee is entitled to
medical care and dental health care. If an employee is suffering from a dental health problem
while at work he is entitled to a paid sick leave as well as hospitalization leave provided he has
been approved by a registered medical practitioner or dental surgeon.
Duty to Inform Employer
It is the duty of every employee according to the Employment Act, 1955 of the Malaysian Laws
to give prior notice of absence from work on account of his illness the the employer. In case the
employee becomes absent from work with no prior notice of such it becomes a breach of contract
with the employer and would be treated as abscondment which is an offense. This could likely
lead to his services being terminated.
Sick Leave vs. Maternity Leave and Temporary Disablement
A woman who has served for not less than ninety days for one employer in Malaysia will be
entitled to a maternity leave. In this case, the woman will not be fired or replaced with someone
else during her time of confinement. Maternity Leave is different from sick leave. This is a paid
two-month maternity leave given to an expectant woman to go and give birth and nurse her
suckling baby. A sick leave, on the other hand, is granted to a sick employee who might not be
hospitalized. In case of temporary disablement as a result of injury, accident or any other causes,
an employee is granted leave to go and get hospitalization or just take time off to recuperate.
This is agreeable on a case by case basis. The duration is also agreed upon by the employee and
employer. In some cases, with regards to maternity leave, some companies in Malaysia let their
employers to extend their two-month maternity leave, although with no payment.
Question 2
a)
Develop a Job Description for the position of Finance Manager. You are required to include
duties and responsibilities, reporting line, supervision, special duties and working conditions.
Job Title
This is a mid-level senior management job posting dealing with financial issues of an
organization. Finance Manager is critical to the success of the organization and they operate in
most sectors like banking, health care, education, agriculture and insurance.
Department
The Finance Manager in collaboration with the Finance Director are in charge of the financial
department and they both oversee all the activities taking place on a daily basis in the finance
department, especially staff supervision and collection of daily reports from them.
Reporting Line
The Finance Manager's line of duty involves being in constant touch and rapport with his
superior, the Finance Director and below him are the junior accountants and clerks.
Supervision
The Finance Manager supervises the finance department and related departments like
procurement office as well as petty cash office.
Duties and Responsibilities
The Finance Manager's Roles include monitoring the everyday financial activities in an
organization. These include in-house expenditures like car fuels, electricity bill payment, staff
salaries and remunerations, meals, purchases and invoicing. He also prepares research schemes
for data analysis on behalf of the top management in the company or organization. He also
ensures that proper procedures in accounting are adhered to. Furthermore; he manages cash
flows into and out of the organization and prepares a balance sheet. In addition to that, Finance
Manager is instrumental in the analysis of projects undertaken by the company
(www.glassdoor.com).
Special Duties
Some of the special duties assigned to the Finance Manager in any organization include
developing long-term budgetary plans for the company, to predict or make a forecast for future
markets and fiscal trends that may impact on the company, also, his duty is to report to the senior
level administrative organs of the organization as well as develop business relationships with
investors.
Working Conditions
A Finance Manager needs to be stress tolerant. He should be able to work with many people with
diverse views who might at times subject him to criticism. He should also possess the virtue of
self-control, for him to be able to keep calm in difficult situations.
Benefits and Salary
According to collegegrade.com the average salary annually for the finance manager is $129,890.
Since financial managers are controllers of an organization, i.e. they are in charge of the drafting
of fiscal reports and predict the future fiscal status of the company with instruments such as
income statements and balance sheets they are deserving of such high remunerations.
Additionally, they are granted paid annual leave, paid study leave, supported with morgage plans
and have got great pension schemes for retirement.
(b) Develop Job Specifications for the Position of Finance Manager including qualifications,
related experience, skills, knowledge, behavior and special demands.
Qualifications
A successful Finance Manager must have a degree in either one or more of the following:
Economics, Management, Accountancy or Finance, Business Studies or Commerce and/or
Mathematics (www.roberthalf.com).
Language
Language is vital in a business environment since it is the basis of all sound communication
within and without a business entity. Effective communication skills is a requirement for every
finance manager to succeed. He needs to possess both excellent written and spoken language
skills. This helps the employees and senior administration to make better informed decisions
(Indeed.com).
Experience
The Finance Manager should have at least one year experience at entry level position as a cash
manager; i.e. monitoring the flow of money into and out of the company. Furthermore, since
finance manager is a risk manager, i.e. controls risks controlled involved in financial strategies
he needs to to have served in a similar role before, something like a one-year experience
(collegegrade.com).
Skills
Finance Manager job requires that an individual must possess strong leadership skills, public
speaking skills, communication skills, organizational skills, problem-solving skills, data
analytical skills, research skills, critical thinking skills, computer skills, planning skills, and
multi-tasking skills (www.monster.co.uk).
Knowledge
Because a financial manager job is a hands-on job the potential candidate for recruitment for this
position should be knowledgeable in in this fields: accounting and economic principles as well as
banking and financial markets, he should have deep knowledge of business and management
principles, leadership issues, psychology, human resource management, customer support
principles, knowledge of mathematics and as well as knowledge of sales and marketing
principles.
Behaviour
Finance Manager should be a person who is dependable at all times by fulfilling the obligations
of the set by the company. A Finance Manager should be adaptable to the fast-changing
environment especially by embracing the new technologies
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