21 March 2018
Kuala Lumpur

Understanding the Employment Insurance System Bill 2017 and Regulations

Mr. Raja Vishnu Sivarajah

7 & 8 May 2018
Kuala Lumpur

Domestic Inquiry

Dr Balakrishnan Muniapan


The Employment Insurance System Bill 2017, which was passed by the Dewan Rakyat on 26 October 2017 and came into effect on 1 January 2018. The Bill provides for the establishment of an Employment Insurance System managed by SOCSO to provide benefits, re-employment and training programs for insured persons in the event of loss of employment. On 28 December 2017, the Employment Insurance System (Registration and Contribution) Regulation 2017 was enacted to further provide rules and regulations to facilitate the implementation of the insurance system.



Assist participants to understand and familiarise themselves with the new Employment Insurance System ('EIS'), its administration, applicable laws and regulations, procedure, the benefits and effect of failure to comply.

Course Content


1. Background of the EIS


2. Introduction of the EIS Bill 2017
- Effective Date
- Coverage, Application and Interpretation
- Meaning of 'Insured Persons'
- Registration & Contribution (SOCSO Assist portal)
- Rates & Payment (EIS 2017 Schedule)
- Definition of Wages
- Employer Not To Reduce Wages
- Rate of Contribution (Employers & Employees)
- Qualifying Conditions for EIS


3. Loss of Employment
- Definition of Loss of Employment
- Exclusions Under Loss of Employment
- Period of Making Claims


4. Benefits of EIS
- Job Search Allowance
- Training Allowance
- Re-employment & Reduced Income Allowances
- Re-employment Placement Programme
- Period of Payment
- Penalties for Non Compliance

5. Employment Insurance System (Registration and Contribution) Regulation 2017
- Introduction of the EIS Regulations 2017
- Registration of Employers & Employees
- Code Numbers for Employers & Employees
- EIS Contribution
- Interest Payments on Late Contribution


7. Latest Updates: Interim Payments under EIS



















This workshop will provide the necessary tools for managers to handle and manage misconduct and domestic inquiry procedures at their respective organiSation. Misconduct is a disciplinary issue when an employee commits an act which is not consistent with his terms and conditions of employment. Misconduct may lead to termination. However many employers seem to be totally unaware that they do not have the absolute right to terminate the services of an employee even though the employee might have been caught red-handed committing an act of misconduct.


The industrial relation statistics over the preceding five years indicates that majority of cases of dismissals due to misconduct that had been referred to Industrial Court were unjustified or unfair terminations. The mistakes and errors not only cost the organizations money, but also embarrassment. A careful analysis of these cases reveals that the employers have failed to adhere to the proper procedures in dismissals especially the process of domestic enquires and the violation of the rules of natural justice in the conduct of domestic enquires.




This program is designed to help the participants achieve the following objectives:
1. Learn how misconduct should be handled in organization in an efficient and effective way
2. Understand the concept of misconduct from the legal and practical perspective.
3. Understand the legal principles in relations to misconduct and domestic inquiry.
4. Acquire practical knowledge and skills of conducting domestic inquiry.
5. Able to know the consequences of poor management of misconduct in employment
6. Understand the remedies available for employees in Malaysian industrial law

Course Content


1. Misconduct
• The foundation of good employment relations and the psychological contract of employment
• Misconduct – act or omission inconsistent with the expressed and implied terms and condition of  employment
• Misconduct in industrial relations and other forms of misconduct
• Major and minor forms of misconduct
• Sexual harassment at workplace and manager's role in dealing with it
• Preventing misconduct in employment
• The doctrine of condonation – what it is and what it is not?
• Investigating a misconduct – the process, the procedures and the burden of proof
• Some Industrial Court's awards on misconduct


2. Domestic Inquiry
• Domestic Inquiry – a formal hearing held by an employer before an employee is dismissed or before any  other major penalty is imposed
• The purpose of domestic inquiry and when to conduct a domestic inquiry
• To hold or not to hold a domestic inquiry and what is the situation if no inquiry is conducted before dismissing  an employee?
• Preparation of show-cause letter and preparation for domestic inquiry
• The principle of natural justice
• The procedures and guidelines for holding an domestic inquiry – video presentation and mock inquiry  (role play)
• Guidelines for Members of a panel conducting a domestic inquiry
• Common pitfalls in conducting a domestic inquiry
• Some Industrial Court's awards on failure to hold a domestic inquiry


3. Remedies
• Remedies – for employees / workman (Section 20, Industrial Relations Act 1967)
• Unfair dismissal, wrongful dismissal and constructive dismissal
• Unfair dismissal – options available for employees /workman
• Industrial relations – conciliation and arbitration
• Proactive management of employee relations






Workshop Facilitator

RAJA VISHNU SIVARAJAH obtained his LL.B (Hons) in 1996 from the University of Wolverhampton and joined the Malaysian Current Law Journal in 1999 as the Legal Proofreader. In 2001, he was promoted to the position of Sub-Editor and subsequently in 2002, he was made Editor-incharge of the Industrial Law Reports (ILR). He left to join Malaysian Employers Federation (MEF) in 2006 as the Research Analyst for the Industrial Relations Department, where he researched and wrote several MEF's Industrial Relations publications, specifically Leave & Absenteeism at the Workplace – Cases, Commentary & Materials (First Edition) and 'Criminal' Misconduct In Employment - Cases, Commentary & Materials (First Edition), aside from providing consultation on labour, employment and industrial law matters to members of MEF. After spending several years in the Corporate Sector, where he continued honing his Industrial Relations skills in a Managerial capacity, he joined MECA Employers Consulting Agency Sdn Bhd as its Senior Legal Advisor in 2011.


While in MECA, aside from providing advisory services to employers, he had also won many Labour Department cases on behalf of employers whilst conducted successful Training Courses on matters in connection to Employment Act 1955 and Industrial Relations Act 1967, domestic inquiry procedure, managing misconduct and poor performance, managing absenteeism and excessive sick leave etc.


With his experience and practical hands on approach in Industrial Relations, Raja Vishnu serves as a full time Consultant of IR Law. He also serves as a HR Consultant for the National Human Resource Centre under the Human Resource Development Fund (HRDF), Ministry of Human Resources. He provides Training Courses
on Industrial/Labour/Employment Law issues. He is well versed in assisting employers in handling day to day IR/HR operations including dispensing advise on compensation and benefits issues, drafting employment contracts, Company Handbooks, conducting investigation on disciplinary issues, HR Audit and domestic inquiries, handling employee grievances and negotiations for collective agreements, providing legal opinions, representing employers at Labour Department etc.

Workshop Facilitator

Dr. Balakrishnan Muniapan [B.Econs (UKM), CIWT (AUST), MSc (HRM) (UK), DBA (Philippines)] is a specialist in HRM and currently an Associate Professor in HRM at a University in Penang. He was conferred the "Best Professor in HRM" awards at the World Education Congress, Asia's Education Excellence 2014 in Singapore and at the World HRD Congress 2017 in Mumbai, India. He has also been a Visiting Professor in HRM and has served as an external examiner for DBA/PhD thesis for several universities within Asia and Africa. In academia, Dr Bala has published over seventy articles in international journals, conference proceedings, and book chapters. As a HRM speaker, Dr Bala is frequently honored as an invited speaker and has presented papers on HRM at conferences in numerous countries within Asia, the Middle East, Australia, South Pacific, Africa and Europe. Dr Bala is a PSMB (Malaysia) Certified Trainer (Exemption No: EMP/0899) and an Australian College of Applied Psychology (ACAP) Certified Workplace Trainer (Level IV). As a HRM trainer and consultant, Dr Bala has vast experience in HRM training and consultancy programmes and has contributed tremendously towards HRM effectiveness for more than hundred organisations within Malaysia and in Asia.
















NELC Price