Are You An Employer Or An Employee? Know Your Rights  Under Employment Laws!

The Employment Act 1955 is a vital piece of legislation in Malaysia that governs the conditions of employment for worker. It set out the rights and obligations of both employers and employee.

The most recent amendment to the Employment Act in Malaysia was made in 2022, which came into effect on 1st January 2023. These changes include increasing the salary, extending maternity leave, introducing paternity leave and address sexual harassment in workplace.

No Written Contract? Can I Quit My Job 24 Hours? Please Take Precautions If You Don’t Want To Be Denied Your Rights!

If the employer refuses to provide a written contract, it does not mean that there is no employment contract between the employee and the employer and does not mean that the employee can quit within 24 hours. Under the Employment Act, there is a minimum notice that must be given. However, the employer can waive the notice if he or she agrees.

Beware Employers! What Happens If Employers Violate Employment Legislation

  • When a person or organization is found guilty of violating employment laws, they are usually punished in the form of having to repay economic damages.
  • May also be required to behave in a certain manner by the court.
  • Individuals or organizations that behave in a grossly negligent manner face harsher penalties.

You Know? An Employer Or Employee May Terminate A Service Contract Without Any Notice.

The employer or employee may terminate the service contract without giving any notice in the following situations:

  1. By paying indemnity in lieu of notice
  1. In the event of any deliberate breach of the terms of the service contract.

Employers Terminate The Services Of A Pregnant Female Employee. Why?

Through the amendment of this act, an employer cannot terminate the services of a female employee who is pregnant or sick arising from pregnancy except in the following circumstances:

  1. Termination due to intentional breach of service contract under Section 13(2).
  2. Termination due to misconduct under Section 14(1).
  3. Termination due to the closure of the employer’s business.

Stuck Solving Problems At Work? Please Note The Importance Of Employment Law.

  • Ensure that all parties in a business get treated fairly and ethically.
  • Help to prevent work disruptions between employees and management by setting standards to govern the workplace.
  • Employment law can mitigate issues that may arise in the workplace.

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