Professional Documents
Culture Documents
Malaysian Labour LW
Malaysian Labour LW
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A new section ( section 69B ) provides protection for employees
whose monthly wages exceed RM 1500.00 but do not exceed
RM15,000 the Director- General of Labour is now empowered to
hear complaints under section 69( 1 ) (a ) from this category of
employees. However, section 69B ( 3 ) stipulates that the rest of
the provision of the Act do not apply to them.
The Employment Act protects not only full-time regular
employees but also part-timers, temporary / fixed term contract
workers.
[ part-time employees are defined as employees who work 70%
or less than the normal working hours of a full-time employee in
the same company carrying out the same work.
INDUSTRIAL RELATION ACT 1967
Section 2 IRA states that workman means any person,
including an apprentice, employed by an employer under a
contract of employment to work for hire or reward, and for the
purposes of any proceeding in relation to a trade dispute,
includes any such person who has been dismissed, discharged or
retrenched in connection with or as a consequence of that
dispute, or whose dismissal, discharge or retrenchment has led
to that dispute.
[ * thus the term workman includes a wider range of
employees than those covered by the Employment Act 1955.
under the Industrial Relation Act, any person who has a contract
of employment ( written or oral ) is considered as a workman. ]
2] PROBATIONARY PERIOD
The probationary period is for the employer to test the suitability
of the employee for the job assigned to him. The employer may
test the aptitude, attitude, ability or adaptability of the employee
for the job. He may also take into consideration other factors like
behaviour, conduct, co-operation, and responsibility of the
employee. If the employee is found to be lacking in a few of the
above attributes, it is advisable for the employer in a cordial
manner, with a view to improving him.
An employer may extend the initial probationary period to a
further period of 1-3 months. In such an event, the employee
should be informed, in writing, before the end of the probationary
period, that his probationary period is being extended. He should
also be informed of the specific areas where improvement is
expected.
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The employer could terminate the services of an employee on
probation, if the employee does not measure up to the
employers satisfaction. But the satisfaction must be reasonable.
If an employee on probation has reasons to believe that
terminations of his service was mala fide, he may seek
reinstatement under Section 20 of the Industrial Relations Act.
An employee may also quit the job if he dissatisfies with the job,
even without waiting for the end of the probationary period.
3] HOURS OF WORK, OVERTIME
Normal Hours of Work
1] not more than five consecutive hours with a period of rest not
less than 30 minutes
2] for monthly-rated employees:half the days wages for a period not exceeding half their normal
hours of work. One days wages for work not exceeding their normal
hours of work.
Overtime on Rest Days
Shall be 2 times the hourly rate of pay
Work on Public Holidays
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Sick leave
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5] PUBLIC HOLIDAYS
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Workers Day
Wesak Day
Birthday of YDPA
Awal Muharram
National Day
Depavali
Christmas Day
State Public Holidays
National Day
The Kings Birthday
Birthday of Sultans/ Head of State or
Workers Day
- If any of the ten chosen gazetted public holidays falls within the
period during which the employee is absent due to sick leave,
annual leave, temporary disablement under the Workmens
Compensation Act 1952 or under the Employees Social
Securities Act 1969 or maternity leave, the employee is entitled
to another day as a paid holiday in substitution for such public
holiday.
Retrenchment
Criminal Offence
Frustration of Contract
Repudiation of Contract
For the employee govern by the IRA 1967, the Act recognizes the
managements prerogative to employ, terminate for reasons of
redundancy or reorganization or dismiss an employee with
proper cause or excuse. However, the Industrial Court also has
the right to interfere into any management prerogatives and
strike down any unfair labour practice or victimization. But the
Court will not interfere with the bona fide exercise of power
which is given to the management by the common law and by
the contract of service which is inherent in the management.
On the other hand, section 20(1) of the IRA 1967, provides:
where a workman who is not a member of a trade union of
workmen considers that he has been dismiss without just cause
or excuse by his employer, he may within 60 days of the
dismissal make representation in writing to the Director-General
to be reinstated in his former employment, the representation
may be filed at the office of the Director-General nearest to the
place of employment from which the workmen was dismissed.
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3. should he repeat his action, give him a second and final
warning in a plain and straightforward manner
4. do not show him that you are afraid of or intimidated by
him in any way
5. if you know others who are also victims of this particular
harasser, get them together and give him a tonguelashing, outside office hours.
6. if his actions persist, take up the matter with your boss or
report him to his boss
7. if the problem still persists, make a written complaint to
the Personnel Manager and at the same time refer the
matter to the union, if you are a union member.
8. if as a last resort, the matter is reported to the police, they
can take action against the harasser- PENAL CODESECTION 509
If the harasser is your own boss or a senior member of the
management staff, the situation may be a bit more complicated
and the whole matter has to be dealt with delicately and
diplomatically. However, the preventive actions to be taken are
more or less the same as stated above.
Prepared by:1] Suria Fadhillah Bt. Md. Pauzi
[ LL.B (Hons.) UIAM, LL.M UKM ]
2] Nadia Bt. Omar
[ LL.B (Hons.) UIAM, LL.M UKM ]