Synopsis

Employers have a wide range of rights or prerogatives over their employees. These prerogatives are exercised at all levels of management (junior, middle, senior) and by all kinds of managers (finance, operations, marketing, etc.). Their exercise is supervised or overseen by the Human Resource unit in the organisation and its personnel. This is an onerous burden and a grave responsibility.

The proper exercise of these managerial prerogatives is vital for the success of every organisation. Any abuse (or wrong use, whether intended or not) of them will almost certainly have a negative impact on employee morale. Without loyal and dedicated employees committed to the organisation and its objectives, nothing can be achieved.

But:-

1. What is the justification for these managerial prerogatives?
2. What specifically are the prerogatives employers in Malaysia have?
3. Do these prerogatives have any limits at all?
4. What are the actual limits to these prerogatives?

Without a clear understanding of these questions and more importantly of the answers to them, employers run the real risk of alienating their employees; and thereby jeopardising the achievement of organisational objectives.

This session addresses the questions posed above and provides practical answers to them in the Malaysian context.  The key managerial prerogatives covered pertain to employment, probation, placement, training, promotion, demotion, transfer, relocation, closure and shutdown, discipline and sanctions.  

Benefits to You

• Recognise why managerial prerogatives exist, their objectives and the common pitfalls that managers fall into
• Be clear of the managerial prerogatives that employers have and use them within the appropriate context.
• Understand the limitations of the different managerial prerogatives so that our actions do not jeopardize ourselves nor the organization
• Learn from the experience of real-life cases (documented and not documented) on the consequences of (1) failure to exercise managerial prerogatives and (2) abuse of managerial prerogatives. All the learning for the different managerial prerogatives will be through the use of the real-life Malaysian cases
• Learn the essentials of managerial prerogatives and act with confidence when leading your subordinates

Programme Outline

• What is a Managerial Prerogative (Management Right)?
• Should there be any managerial prerogatives?
• Are there any managerial prerogatives in Malaysia? Other parts of the world?
• What are these managerial prerogatives and are they absolute or qualified prerogatives?
• Reorganisation and retrenchment—“Redundancy” and the relationship between “reorganisation”, “redundancy” and “retrenchment”
• Differences and similarities between “retrenchment” and “termination”
• Retrenchment principles and the two limitations of the LIFO principle
• Using real life examples to show that LIFO is not an absolutely mandatory rule
• Retirement—what happens when (due to an oversight etc.) the retirement age is not specified in the contract
• The impact of the Government’s decision to raise retirement age to 60
• Resignation—when may an alleged resignation be in fact a “direct dismissal”?
• What is “forced resignation” and “indirect dismissal”?
• Termination issues—what is the legal position on “statutory termination”, “termination simpliciter”, “summary termination” and “mutual termination”?
• Dismissal—Significance of Section 20 of the Industrial Relations Act 1967? Special connotation under Section 20
• What is the doctrine of “constructive dismissal”? What must an employee establish in order to prove that he or she has been constructively dismissed?
• Reinstatement and Re-employment issues–What is the normal remedy for a wrongful termination or an unjust dismissal? What does “reinstatement” mean, and how does it differ from “re-employment”? What are some of the circumstances in which “compensation in lieu of      reinstatement” rather than “reinstatement” is ordered? What are some of the guidelines followed in deciding on the amount of (i) “compensation in lieu of reinstatement”? (ii) “backwages” or “arrears of wages

Who Will Benefit by Attending

1. HR Managers, Assistant Managers and Executives
2. Line Managers and Supervisors of various departments
3. Executives who have direct line reports
4. Executives who will be having subordinates in the next six months
5. Entrepreneurs

Programme Leader

This programme will be conducted by: 

Mr. Harmain Haji Zaiyadi is a thorough-bred Human Capital Management expert having been involved both as a practitioner and as a trainer/consultant in the field for the past 37 years.

His Human Capital Management experience in corporations has taken him from the ranks of Human Resource Executive to General Manager of Human Resource of multinationals and public-listed companies.

The wide experience garnered in different industries in both unionized and non-unionized environment has given him significant exposure to handle HR related issues. It is therefore not surprising that the participants who have been attending his training programs since 2006 cite that the main difference is that he uses real-life experiences to support his training. His experience and inputs have been put to valuable use and he has trained Executive Directors, Heads of Departments, Line Managers and Supervisors from HR and non-HR disciplines in small and medium sized industries, public-listed companies and multinationals.

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Venue	The Ritz Carlton Kuala Lumpur
Duration	Two Days
Time	0900 to 1730
Fee	RM2, 120 per person for local delegates and US$680 per person for foreign delegates [price is inclusive of 6% GST, programme documentation, tea breaks and lunch]
Enquiries	+603-27131165
Email	info@pkmh.com or pkmh.training@yahoo.com