Monday, June 30, 2008

Do employers have the right to deny the medical expenses incurred during confinement related to maternity, including abortion or miscarriage?

Employment Act 1955 does not cover any of d above-mention matter, it will all depend on d practice at your company.

D best guideline 2 refer will be d terms & conditions of appointment, the employee handbook or any policy issued by your company.
It is quite safe 2 say dat most companies do not cover such medical expenses incurred during confinement, miscarriages and abortions.
Even insurance policies purchased by companies do not normally cover them.

Most of it cover prolog illness(kesakitan berpanjanga) and death (on the way 2 work or vice versus)

At most, companies will only recognise d medical certificates that are issued by medical practioner.(Bomoh & chinese physician not certifeid loor)

Also, for those few companies that do allow such claims, only the claims for treatment from d government hospitals are normally accepted.

But 2 some HR practitioners, sometimes d voice of reason creeps in.

A normal successful labour is stressful by itself and d woman who has undergone a miscarriage or abortion is similarly traumatised, both mentally and physically.

It is indeed d odd employer that will not empathize with d person.

There are some human resource practitioners who will recommend that companies should treat such medical expenses on a case-by-case basis or we always call it "ad-hoc basis".

To summarize...

After all, they reason, do miscarriages happen so often? If it is not about medical expenses, what reasons could your company have for not assisting an employee that’s affected psychologically? It is a serious moral issue to consider.

Sunday, June 29, 2008




atau Kenyataan Bersumpah atau suatu Deklarasi yg dibuat dihadapan Jaksa Pendamai, notari awam, atau orang lain yg diberi kuasa utk mentadbirkan sumpah.Akuan berkanun boleh digunakan dlm prosiding2 luar bidang kehakiman dan bukan di dlm mahkamah, TETAPI mempunyai kesan yg sama dgn deklarasi yg dibuat dgn sumpah.

in other word Raja Petra tlh melibatkan nama2 seperti dibawah dlm Kenyataan Bersumpah beliau:

  • Datin Seri Rosmah Mansor
  • Acting Colonel Aziz Buyong
  • Acting Colonel Aziz's Wife
  • Pak LahKhairy Jamaluddin
Kes ini adalah berkaitan dgn pembunuhan Altantuya Shaariibuu jadi apakah kesan terhadap mereka yg disebut?

Pihak Polis akan menjalankan "siasatan terperinci" bagi membuktikan kesahihan kenyataan bersumpah Raja Petra.Sekiranya dakwaan itu tidak berasas maka Raja Petra "berkemungkinan" berdepan juga dengan tindakan Undang2.Nama2 besar yg dilibatkan itu pasti mengundang masalah bagi pihak beliau.

picture [sign by Raja Petra - fuh power tu..]

but w the Anuar new case arise, diz case might or will be slowly dispurse.
see the news at the STAR

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Thursday, June 26, 2008

What Marina Mahathir said in the STAR?

today i'll blog a bit different from norm.

as most malaysian is expecting a high inflation rate 4.8 to 5% (which claimed by "gomen punya orang")
u can use my calculation for inflation rate via microsoft powerpoint
click here to download
it will result in a shocking figure!!!

we should analyze what Marina Mahathir said
click here to read more on point no 9
"9. Once a week (or more), have ministers use public transport so they know what everyone else has to suffer. This might provide them with the incentive to improve them."
dats a good suggestion but I believe it will be flush 2 d drain by those "orang penting gomen"

so today I'll like to contribute my dedication to P.Ramlee and all Hot Cat friends wherever you are..


pls do enjoy diz MP3 download for your mobile phone
FREE loor...
layan P.Ramlee release sikit aper2 tension ..

Scene from Seniman Bujang Lapok

Photobucket Director Ahmad Nispu mengamuk click here to download
Photobucket Kelepak jatuh kemuka director ahmad nispu click here to download

Photobucket kuswadinata famous "next change" seniman b lapokclick here to download
Photobucket Seniman bjg lapok Sudin ahli nujumclick here to download

Scene from Pendekar Bujang Lapok
Photobucket Pak abu pendekar bujang lapokclick here to download
Photobucket Pendekar go 2 school ringclick here to download

next week we will look at

see image below

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Wednesday, June 25, 2008

Demand for COLA by private sector & how MEF stands FOR?

Malaysian Employer Federation (most of the employer registered w them) Photobucket web MEF

A bad news for those working in private sector which hopes that the Demand for COLA will be implemented shattered to pieces.
Huhuhuhu, sedih la camni, mmg x kan dilaksanakan.

As you can see from the
Circular from MEF on 19 June 2008
page 1
Photobucketand Circular from MEF on 19 June 2008
Memo page 2

As Govt & Banking sector punya employees dah dapat benefits berjuta2 & trillion RM but how about us??
Pekerja swasta
yang pi keja bawak kapcai
(pun kadang2 kena curi especially EX5)
Gigit jari beb, so dah tak hebat keerja private sector?? Baik cari keja gomen. Macam macam dapat...Anyway,

Life goes On as Reality Bites… kena la tunggu yearly increment, tu pun dlm 3% ker, 4% ker, 5% ker ataupun silap2 tarak percent langsung..

Tuesday, June 24, 2008

What do your HR did in controlling Leave applications?

Usually d method of monitoring and controlling leave applications is 2 do them manually with perhaps a spreadsheet program (usually Excel loor) to assist the company.

However, if d number of employees should reach a critical size (550 staffs above), diz manual method may not b useful 2 d Leave Administrator.
Then your company will invest in a dedicated Leave Management (Kaizen, etc) system that can help them track leave seamlessly from application to approval.
Having a Leave Management solution alone, however, will not solve any practical issue dat may arise.

It is important that your Company should:
1. have firmed up their policy on leave applications,
2. have the policy documented
3. and then tailor the software to work according to the Company policy not vice versus. (which I think it’s usually work other way around, why? since most of the user-friendly system cost "big money") Administrative practices will vary from company to company.

Some companies monitor and control their employees leave applications at the Human Resource level, while some others leave it to each department’s manager or the employee immediate supervisor to do so.

Regardless of the practice,

To Summarize
Most human resource practitioners agree that d responsibility of managing employees own leave applications should be left to the employee himself.
But in order to avoid any misunderstanding or issue that may arise,
it is important that all staff be informed in advance of the company Leave Policy.

Diz is advisable on her/his 1st day of work where a short orientation is 2 b conducted. A proper documentation is vitally needed in diz process. Having done that, he should be answerable to any abuse of this benefit.

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Monday, June 23, 2008

What is abuse of leave?

What if d staff abuses his leave benefits, whether knowingly or unknowingly?
How do we treat such abuse?

D principle dat most companies adopt is dat a staff should not b taking more than his annual leave entitlement. These companies practice:
1. “earned leave” or
2. “pro-rated leave”,
meaning u can only apply 4 d annual leave dat has been earned or pro-rated. Anything above dis earned entitlement is then treated as unpaid leave. Most abuses of annual leave usually occur when a staff applies often 4 emergency leave.

Technically, as long as leave is not approved, it is considered as unlawful absence where action can be taken such as a warning and leading 2 dismissal if he is a deliberate offender.
If it happens too often, hr will have 2 study d trend and then counsel d staff accordingly. More importantly, perhaps it is an opportunity 2 review & tighten d internal leave policies & procedures.

For example,
1. Should emergency leave be treated like any annual leave application that requires the staff’s immediate supervisor to approve?
2. Should you disallow the staff from just calling up the department or worse still, sending a text message to a colleague? Dats wat most of us usually did???For medical leave, the principle is that the leave applicant is suffering from an illness that a registered medical practitioner had deemed serious enough to warrant recuperation. Unlike annual leave, however, medical leave is different as it cannot be pro-rated.
3. Irrespective of the date that the staff joined the company, he is entitled to the full entitlement at any time during a calendar year, subject to the issuance of the medical certificate by the medical practitioner. Generally, medical leave is prone to suspected abuse. If this is suspected of a particular staff, you have to study the medical leave trend.

For example,
1. How many times in a month is medical leave taken?
2. What day? Which clinic? What sickness?
3. All these will lead you to a trend and once determined, do call up the staff for a discussion about his health status or counselling.

To summarize
Any abuse can often be checked at this point without going further. On the other hand, a confirmed health problem should be given full assistance. Just remember 2 get yrselves a good insurans coverage especially dat xtra hospital benefits.

Sunday, June 22, 2008

What can an employer do when a staff is frequently on sick leave?

What can an employer do when a staff is frequently on sick leave? Photobucket

Human resource practitioners generally agree on these steps:

1. Fact-finding on the extent of the sickness.Staff’s medical history for the present and past years to see whether there is a pattern.

2. If necessary, you may have to talk to the clinic about the staff’s health condition. For example, you may want to know:
o Does the staff normally go to one clinic for his medical certificate or does he go to many?
o When is the medical leave usually granted? Is there a trend, such as after every weekend or public holiday? o How does the staff tell his employer about the medical leave? By contacting his supervisor directly or through friends or only when he returns to work?

3. Talk to the staff about his health.It is important at this point not to be antagonistic. As HR practitioners, concern and empathy must be shown to the staff.

4. It is also important to note that the staff may not be very forthcoming with information at the beginning, so patience must also be exercised.
o If he claims that there is nothing wrong with his health, only then do you show him the data collected and ask for a confirmation from him. You should caution him that the management is aware about the medical leave taken and would want him to change. If his attitude does not improve, you may need to assign him to a particular clinic for his medical visitations, telling him that visits to other clinics will not be recognised. Make him understand the implications of such frequent absences from work and get his agreement in writing on the conditions laid down. Have the meeting documented and served to him as evidence of such discussion and agreement. And finally, closely monitor the progress of his attendance and his behaviour.
o On the other hand, if the staff actually admits to having some health problems, you should offer to refer him to a specialist for a complete medical check-up. The medical report should determine the extent of the staff’s health condition. Most times, the staff should recover with little further intervention. Sometimes, all that may be required is to transfer the staff to another position within the company. But there will be the rare occasion when the staff may need to be medically boarded out. Many companies may be loathe to do this but this solution may be the fairest to both the company and the staff. Medically boarding out an unfit staff is a traumatic experience and the company may well have to provide counselling to the affected staff. You may be required to pay his retrenchment benefits as well as to help him apply for his SOCSO benefits.

5. To summarize:
• In an organization Effective communication is important as when you built up a case for your employee it will expose your department for others to judge and review. So managers/supervisors think twice before you commit any action.

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Thursday, June 19, 2008

what is ex parte

in Jasman Saidin case the trial proceed ex parte (refer image below)
ex parte

but what is ex parte?

the word derieved from Latin. or in Bahasa Malaysia,
  1. Pada bahagian sebelah sahaja. Contohnya, satu ex parte injuksi adalah satu injuksi yang diberi selepas mendengar hanya pada pihak yang memohon.
  2. Bagi pihak. Istilah ini digunakan pada tajuk laporan undang2 bersama dgn nama orang yg membuat permohonan kpd mahkamah dlm kes yg dipersoalkan.

To summarize

Samada plaintif atau defendant tidak hadir ke Mahkamah Buruh setelah berjuta2 kali cuba dihubungi maka keputusan mungkin berpihak pada pihak yang hadir sahaja.

So dats happened in the above said case, where the employer Hotel Istana fail to turn up to the proceeding at Labour Court.

What happened if you are Frequently on MCs (Medical Leave)

Dear My Friends,

I received an email regard to Frequently on MCs,
That’s a popular subject for most of us who work 9-6 jobs.

The questions arise whether our Boss/Employer has any right to question our valid MCs or medical certificate.

Brief Information on the subject matter of:

1. What the law says?
An employee is entitled to “paid sick leave” only under the following circumstances:

a) He has obtained a certificate from a registered medical practitioner duly appointed by his
Employer; or
b) He has obtained a certificate from a dental surgeon; or
c) If no such medical practitioner is appointed, or the services of such a practitioner are not obtainable within a reasonable time or distance, then other registered medical practitioners or government medical officers will be accepted; and
d) He has informed or has attempted to inform the employer of his sick leave within 48 hours of the commencement of the sickness.
Refer: Section 60F (1), (1A) & (2) of Employment Act 1955

Employment Act 1955 (click here to download full copy)
Industrial Relation Act 1967 (click here to download full copy)

2. How many days of paid sick leave can employee are entitled to each calendar year?

According to Section 60F (1) (aa) of EA 1955:
Length of Service Entitlement per year
Less than 2 years 14
2 years but less than 5 years 18
5 years and above 22

3. Can the employer take any kind of disciplinary action against an employee who constantly uses up his or her sick leave entitlement in a calendar year?
No, no action can be taken against an employee who uses his/her sick leave frequently.

4. How to accommodate such action?
The employer can’t question the rights of an employee to have his/her sick leave (in our case apply for MCs). Only the Parliament has the right to reduce such right to such extent that the liberty of any employee under the Constitution not deprived. The employer has no right to take any action to such employee. However, the employer can use his/her frequent tendency to such occasion by using “the non-performance” and “non-productive” defence. As long as it does not exceed the entitlement limit, no disciplinary action can be taken. It is of the employee rights, and such right can’t be abolished at the convenient of the employer.

Source of Information: Tuan Haji Abdul Razak Ahmad, IR Officer, Menara PERKESO.

To summarize:
The Doctor Study very hard years for their PhD’s and nobody can question the medical certificate issued to them.
☺ If you started questioning, you also can be a Doctor of your own world.

Thank you for your precious time reading the short information with regards to the statutory rights under Employment Act 1955.

We will get back to Jasman Saidin case on the next post.

Wednesday, June 18, 2008

Continue Jasman Case...part deux

The issue here

(beyond reasonable doubt or dlm bahasa msia, adakah terbukti kesalahan yg dilakukan nya)
the company hereby listed 3 offences
1.Breach of company policies
2.Sexual harassment
3.Alcohol consumption

but the best part the Company failed to turn up at the Industrial Court
which an Ex-parte hearing (bicara tanpa kehadiran

Whether dismissal without just cause or excuse

refer to section
ss. 20(3), 29(d) and 29(g) of Industrial Relation Act 1967

below is the intro for the case
sexual harassment

Tuesday, June 17, 2008

To all Hot Cat Alumni, a case for your view

recently I was doing some R&D with my works.

I was reading a book or Industrial Law Reorts to be exact.
and i discover case of our senior at Hot Cat

Jasman Saidin vs Hotel Istana where dismissal

click at the image below to see the details

jasman saidin

jasman saidin 2