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Chapter 3-Article 6
Chapter 3-Article 6
A. Article 6 (1)
Definition
Oxford Dictionary A slave is a person who is the legal property of another or others and is bound to absolute obedience, a human chattel A slave is not paid for services rendered and may be sold A person engaged in forced labor is paid but may not be sold
A free man
Have the liberty Complete in relation to liberty employment Have no or Liberty is limited limited liberty in relation to employment Have no or No liberty limited liberty in relation to employment
Forced labor
A slave
B. Article 6 (2)
Article 6 (2) all forms of forced labor are prohibited Exceptions: Article 6 (2) Article 6 (3) Article 6 (4)
He was arrested by CNB officers and admitted to Selarang Park Drug Rehabilitation Centre for treatment for drug addiction. He was then arrested upon his discharge and subsequently convicted on a charge under section 15 (1) of the Vigilante Corps Act for his unlawful absence from duty at Civil Defence School II with the intention of not returning to duty.
Case: BARAT ESTATES SDN BHD & ANOR V PARAWAKAN A/L SUBRAMANIAM & ORS [2000] 4 MLJ
Facts: R were employed by As on two estates. The owner of the estate sold both estates to Prospell Enterprise Sdn Bhd. The owner wrote a letter R informing them of the sale of the estates to Prospell and said that the change of ownership would not affect the terms and conditions of the respondents' service. The letter went on to say that Rs employment would continue as if there had been no change in the employer. Prospell also wrote to R offering them to continue their employment. All R accepted Prospell's offer.
.
Later, they commenced an action against the owner. They claimed an indemnity under s 13(1) of the Employment Act 1955 on the ground that the owner had failed to give them notices of termination of their contracts in accordance with s 12 of the Act. The owner resisted the claim principally on the ground that there had been no break in the continuity of their contracts of service and R had therefore suffered no actual loss of employment. Since there was no loss, no question of indemnity arose.
Issue
The issue before the High Court was whether the appellants were obliged to indemnify the respondents under s 13(1) of the Act.
Court of Appeal
Every employee has a right to choose his employer No person may dictate to another that he shall be the employee of anyone When an employer sells off his business to another, he must give his employees the right to make a choice as to the course he or she wishes to adopt The giving of notice by the former employer upon the sale of a business enables the employee to exercise his right to the choice that he is entitled to make. A failure to give notice deprives the employee of his right to make a choice