COURSE OBJECTIVE
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Gain a comprehensive understanding of the impact of 2022 amendments
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Identify recurring challenges since implementation and how companies have addressed them;
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Assess your organization's compliance with current laws and regulations
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Identify and address any gaps or uncertainties that arise after implementation.
DAY 1
REGISTRATION
8.30am – 9.00am
(I) Short Title & Application
(II) Interpretation
a. “Apprentice”
b. “Apprenticeship Contract” and exemptions to certain sections of EA
c. “Domestic Employee”
d. “Foreign Domestic Employee”
9.00am – 10.30am
MORNING TEA BREAK
10.30am – 10.45am
(III) Payment of Wages
• s. 18A - Calculation of wages for incomplete month’s work
• s.22(2) - Limitation on Advances to Employees
(IV) System of Payment of Wages
• s.25 - Wages to be paid through “Financial Institution”
• 25A - Payment of Wages other than through Financial Institutions
10.45am – 1.00pm
Lunch Break
1.00pm – 2.00pm
(V) Part VII - Principals, Contractors, Subcontractors and Contractors for Labour
• s.33A(1A) - Legal Requirements between these Parties
• s.33A(3)(aa) - Offenses from failure to comply under this Part
• s.33A(3) - Increase in Fines
(VI) Part IX – Pregnancy & Maternity
• S.37(1)(aa) - Situations where female employee may commence work earlier
• S.37(1)(d)(ii) - increase to eligible period
2.00pm – 3.45pm
Afternoon Tea Break
3.45pm – 4.00pm
(VII) S.41A Restriction on Termination;
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-s.41A(1) - of pregnant female employee
-s.37(4) - during eligible period
-s.42 - after eligibility period
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• S.41A(2) - “Reverse” Burden of Proof on Employer
• Implication of DG’s powers
• S. 42 - Restriction on termination after eligible period
• S. 44A - Application irrespective of wages of female employee
4.00pm – 4.45pm
Q & A Session - End of Day 1
4.45pm – 5.00pm
DAY 2
REGISTRATION
8.30am – 9.00am
(VIII) Part XI - Domestic Employees
(IX) Part XII - Rest Days, Hours of Work, Holidays and Other Conditions of Service
• s.60A - Hours of Work and Working at Night
• s.60A(1)(d) - Reduction of hours worked per week
• 48 to 45 hours – Case Studies on the reduced working hours per week and the impact on Companies
• s.60C - Shift Work
• s.60C(1) - Reduction of hours worked per week for shift work
• Navigating shift cycles with the “48 to 45”. What’s working and what isn’t.
• s.60C(2A) – Ministers Powers to make Regulations for shift allowance.
• s.60F – Sick Leave – Implications of the increase
• s.60FA – Paternity Leave - Entitlement, Eligibility & Impact
• S. 60K – Requirement for DGL’s approval to employ foreign workers.
• s. 60KA – Notice to DG when foreign worker leaves employment
• s.60M - Discrimination against locals over foreigners
9.00am – 10.30am
Morning Tea Break
10.30am – 10.45am
(XIV) Part XIIC – Flexible Working Arrangement
Discussion points:
• Procedures and Timelines
• Implementation and Effects on Collective Agreements
• Effects of Company’s Refusal to Implement
10.45am – 1.00pm
Lunch Break
1.00pm – 2.00pm
(XV) Part XVI - Offences and Penalties
• S101C(1) - Presumptions of Employer Status
• S101C(2) - Six conditions under which a person is presumed to be an Employer
• S101C(3) - To whom does the presumption of employer status extend to?
• Discussion points:
- The Impact of this presumption a year on
- Contract of Service vs. Contract for Service - how it all fits in.
- Role of Intermediaries
2.00pm – 3.45pm
Afternoon Tea Break
3.45pm – 4.00pm
(XVI) First Schedule:
- Who is an “employee”?
- Is it your “Wages” that determines this?
- Maybe it’s your “Occupation”
- Does the whole EA apply to some, but not others? OR
- Does only some of the EA apply to everyone?
4.00pm – 4.45pm
Q & A Session - End of Day 1
4.45pm – 5.00pm