My salary is more than RM2000 per month, am I covered under the Employment Act?
Referring to the answer above, as long as you fall within one of the categories for manual workers abovementioned, you would be covered under the Employment Act.
I am dismissed without a reason by my employer, what kind of redress can I get in law?
An employer must give notice to the employee and show reasonable cause and excuse of dismissal before the termination. In the event of failure to give good reasons for any dismissal, the employee may pursue for a claim for unfair dismissal against the employer and obtain compensation for the unfair dismissal.
My employer terminate my contract without notice, what can I do?
If an employee has been terminated without notice, the employee may file a claim against the employer for compensation and proceed with a claim at the Labour Court.
My employee terminate the contract without notice, what can I do?
If an employee has resigned without notice, the employee may file a claim against the employee at the Labour Court for compensation against the employee.
I would like to implement a retrenchment exercise in my company, what are the considerations I should have taken under the Employment Act?
The company must be able to prove that the retrenchment exercises carried out are bona fide in nature. The Code of Conduct for Industrial Harmony (“CODE”) has provided guidelines to be followed during a retrenchment exercise. There are several factors to be considered when selecting employees to retrench:
- Skill and occupation qualifications
- Family situation
- Length of service
- Status (ie. Citizens, temporary, permanent)
Another common industrial practice is the “Last in, First Out” principle whereby the employer would retrench the most recent or junior staff who joins the firm.