Chapter 6: Employment Contract

sample employment contract

type of employment contract

 Definition of Employment

• Employment means work or service performed by an individual to the task at hand for another person or entity in exchange for wages or other remuneration.

Employment Law In Malaysia:

• regulates the operation of the labour market 
• regulates employment relationship between employers and employees in particular.

            Pension Act 1980.

:- for the administrative pensions , gratitude for public servant and dependents.

          

         Employee Social Security Act 1980

:- for social protection to all employers as well employer.

:- example : Social Security Organization(SOCSO), or Pertubuhan Keselamatan Social(PERKESO) Malaysia.

         Employees Provident Fund Act 1951

:-  for the provision of financial security for its member after retirement.

:- for example. Employee Provident Fund (EPF). Kumpulan Wang Simpanan Nasional (KWSP).

          Industrial Relations Act 1967

:- An Act which governs the relationship between employers and workmen or employees and their trade unions and generally deal with trade disputes.

:- for example, Industrial Relations Department or Jabatan Perhubungan Perusahaan, Malaysia.

         Wages Council Act 1947

:- This Act is administered by the Department Of Labour or Jabatan Buruh.

HIRING

1.  A person who is working under contract is employee.
2. in Peninsular  Malaysia, the act is Employment Act 1955.
3. In Sabah, Labour Ordinance Sabah( Cap 67.)
4. In Sarawak, Sarawak Labour Ordinance (Cap. 76).
5. A job interview will be conducted to choose right person with good skills and wide knowledge.

FIRING

1.  firing is happens when, employer dismiss the employee after contract of service is considered broken. or when an employee is absent from work for more than 2 consecutive working days without prior leave from the employer or without informing or attempting to inform the employer at the earliest opportunity during such absence with reasonable excuse .
2. An employee has the right to terminate the contract of service, where an employer fails to pay wages within seven days after the wages period.

       3.A contract of service can also be terminated without notice :

       4.By paying to the other party or indemnity in lieu of notice

       5.if there is a willful breach by the other party of a term or condition of the contract of service

      6.Where the contract of service has expired or work being completed, the contract may also be terminated. Written notice being given by either party may also terminates a contract of service.

 SEXUAL HARASSMENT

Definition: any unwelcome verbal, non-verbal, visual, psychological or physical conduct of a            sexual nature that might, on reasonable grounds, be perceived by the victim as placing a      condition of a sexual nature on his or her employment because of his or her sex.

DISPUTES

:-A dispute being referred to as trade dispute under the Industrial Relations Act 1967 means any disagreement between the employer and workman or employee which is connected with the employment or non-employment or the terms of employment or the conditions of work of such workman or employee leading to industrial action.

:- The Industrial Relations Act 1967 governs the relationship between employers and workmen or employees and their trade unions and generally deals with trade disputes.

PENSION

Pension means money paid under given

conditions to a person following retirement or

to surviving dependents.