What is the definition of an employee?

Under the Employment Act 1955, employee is defined as:

  • Any types of employee with monthly wages which is less than RM2000.00; and
  • Any employee employed in manual work including domestic servants, persons employed on vessels, supervisors or overseers of manual workers, artisan, apprentice, transport operator even if their wages are more than RM2000.00 per month.
I am working in Kuala Lumpur and my company wish to transfer me to another branch in Penang, can I refuse?

Pursuant to Section 12(3)(e) of the Employment Act, unless the contract of service requires the employee to transfer to another place of employment, the employee shall be entitled to terminate his contract of service and the employer shall give the employee a notice of termination of service unless there is anything contrary to such provision in the contract of service.

Am I entitled to annual bonus?

In general, the annual bonus is based on the discretion of the employer. However, you would be entitled to it the payment of bonus is expressly stated in the contract of service.

I am currently on probation, am I covered under the Employment Act?

An employee on probation enjoys the same rights as other employees under the Employment Act as it does not distinguishes probationers and employees.

I am facing sexual harassment in the workplace, what can I do?

he victim may make a complaint to the internal management if there is an established complaint procedures in the workplace. Otherwise, you may opt to file a complaint at the Labour Office and the Labour Office would fix a hearing before The Director General of Labour to hear the matter. You may choose to represent yourself or you may choose to be represented by a lawyer.

I am a sub-contractor, am I considered an employee?

A sub-contractor is not considered as an employee as the contract between the employer and the employee is considered as a contract for service. Therefore, it is not covered under the employment act.

Can my employer deduct my salary without a valid reason?

An employer may make lawful deduction from the salary without permission from the employee under the following circumstances:

  • Deduction to the extent of any overpayment of wages made to the employee;
  • Deduction for the indemnity due by the employee against the employer due to the employee’s mistakes;
  • Deduction for payment in lieu of notice, where the employee resigns without notice;
  • Deduction for recovery of advances of wages, provided no interest is charged on the advances;
  • Deductions authorized by any other written law (eg. EPF, SOCSO, Income tac deductions)
I am a part-time worker, am I entitled to the benefits covered under the Employment Act?

A part-time worker is not covered under the Employment Act. However, a part-time worker is covered under the Employment (Part-Time Employees) Regulations 2010

What are the differences between contract of service and contract for service?

A contract of service is an agreement between an employer and an employee. A contract for service is where an independent contractor, such as a self-employed person or vendor is engaged for a fee to carry out an assignment or project.

Which court/where should I go to for any complaints regarding to my workplace?You may go to:
  • Labour Department
  • Industrial Relations Department
  • your trade union or
  • the Malaysian Trade Union Congress (MTUC)

Further Inquiries?
You may contact our panel lawyers/ the author of this article.

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