Event

Event

 

CPD Prime Live | The Different Categories of Workers – The Risk of Misclassification

17 Jun 2021 - Thu / 1 day / 3:00pm - 5:00pm / Webinar

The recent UK Supreme Court decision, which confirmed that Uber drivers are workers and not independent contractors, has revived the age-old question of who is in truth a genuine independent contractor. In the Malaysian context, misclassifying, whether intentionally or otherwise, an individual and a non-employee can have far-reaching consequences, including criminal prosecution for failure to comply with certain employment related obligations. It is therefore essential that employers and legal advisors understand the applicable law to avoid the pitfalls.

CPD Prime Live aims to provide legal practitioners with a specialised legal training level, and is an extension of the CPD Camps that provide training at a basic level. The CPD Prime Live course will require participants to have prior knowledge in specific areas of law. This webinar is targeted at Members with two to ten years of practice.

Organisers: Bar Council

CPD Points: 2
Circular No: 148/2021
Event Code:
T5/17062021/BC/BC213021/2

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Description

The recent UK Supreme Court decision, which confirmed that Uber drivers are workers and not independent contractors, has revived the age-old question of who is in truth a genuine independent contractor. In the Malaysian context, misclassifying, whether intentionally or otherwise, an individual and a non-employee can have far-reaching consequences, including criminal prosecution for failure to comply with certain employment related obligations. It is therefore essential that employers and legal advisors understand the applicable law to avoid the pitfalls.

CPD Prime Live aims to provide legal practitioners with a specialised legal training level, and is an extension of the CPD Camps that provide training at a basic level. The CPD Prime Live course will require participants to have prior knowledge in specific areas of law. This webinar is targeted at Members with two to ten years of practice.

Speaker

Selvamalar Alagaratnam was admitted as an advocate and solicitor of the High Court of Malaya in 1994. She obtained her LLB (Hons) from University of London in 1992 and the Certificate of Legal Practice (“CLP”) in 1993. She is the co-head of Skrine’s employment practice group.

Her main practice areas are employment advisory and compliance, employment disputes, employee fraud management and investigations, immigration and medical negligence. She provides integrated support to clients in various industries on all employment / human resource-related matters, including compliance with all laws applicable to employment relationships; managing the exit of employees whether by way of collective reduction in force exercises or individual terminations for misconduct or poor performance; protection of confidential and proprietary information; investigations and disciplinary actions; trade unions on recognition and collective bargaining; dispute resolution at all levels; and business immigration.

Selvamalar also provides strategic advice on internal fraud management, advising clients on matters involving fraud perpetrated by employees; and the options available to organisations to obtain redress against wrongdoers. Her practice also extends to focus compliance on bribery and corruption as well as acting for medical practitioners in negligence and malpractice suits.

Selvamalar is the Senior Co-Chair of the International Bar Association’s Employment & Industrial Relations Law Committee; General Secretary of the Malaysian Society for Labour and Social Security Laws (local chapter of International Society for Labour and Social Security Laws); and International Vice Chair of the Outreach to International Lawyers Committee for American Bar Association Section of Labor and Employment. She is also a member of the Bar Council Industrial and Employment Law Committee and member of the Lawasia’s Labour Law Committee.

She has been recognised as a “Leading Lawyer” by Asialaw Profiles from 2016 to 2021, and was listed as a “Leading Individual” by Legal 500 Asia Pacific 2020 in labour and employment.

Terms and Conditions

A Step-By-Step Guide to Join the Webinar

(1) For seamless streaming, download the Zoom app
You will be given a webinar ID and a password to join the webinar once your registration has been confirmed.

(2) Log in to Zoom, and provide your username
For Members of the Bar or pupils-in-chambers, use the format below for identification purposes when prompted:

Full name (as per NRIC) | Bar Council membership number or petition number

For non-members, provide your full name only.

(3) Setup your space
Ensure that you have a strong Internet connection. You may use an earpiece for clarity.

(4) Mute your microphone
When the webinar is ongoing, please mute your microphone on Zoom at all times to ensure there is no interruption from your end.

(5) You may raise questions during the Question-and-Answer session only
Please take note that no speaking is allowed when the webinar is taking place.

If you wish to raise a question, please type in the chat box and the speaker will respond accordingly.

(6) Please, do not do this
Screen recording, sharing the webinar ID and password links, reproducing the content of the webinar on any platform are strictly not allowed.

Any unregistered person may be removed without prior notice, and no CPD point will be awarded. Failure to adhere to this may result in disciplinary action by the Bar Council.

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Event Policy

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.

Cancellation 

Cancellations must be made in writing.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.

Refunds 

Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
  • No refunds for this course. However substitution is allowed.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.

Transferral

You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.

Attendance 

CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.

Privacy 

The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.

Disclaimer

  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).

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