Assigmnt Maths For Mgmt
FACULTY OF BUSINESS AND MANAGEMENT
SEMESTER: SEPTEMBER 2013
BBUI3103
EMPLOYMENT AND INDUSTRIAL LAW
MATRICULATION NO : 740301045514001
IDENTITY CARD NO. : 740301045514
TELEPHONE NO. : 014-7295539
E-MAIL : anizah@gmi.edu.my
LEARNING CENTRE : BANGI LEARNING CENTRE
TABLE OF CONTENT Page
1. INTRODUCTION
1.1 Definition of Employer 2
1.2 Definition of Employer 2
2. CONTRACT FOR SERVICE 4
3. CONTRACT OF SERVICE 4
4. DIFFERENCES BETWEEN CONTRACT OF SERVICE 6
AND CONTRACT FOR SERVICES
5. TESTS FOR DETERMINING EMPLOYER-EMPLOYEE
RELATIONS
5.1 Control Test 7
5.2 Organizational Test 8
5.3 Multiple Test/Mixed Test 8
5.4 Mutuality Obligation Test 10
6. SUGGESTION TO AMEND CURRENT LEGISLATIONS 11
REGARDING EMPLOYMENT RELATION
7. SUGGESTION TO AMEND CURRENT LEGISLATIONS 13
1. INTRODUCTION
1.1 Employer
The definition of employer according to Employment Act 1955 is as follows:
Definition
s.2 (1) of Employment Act 1955
Any person who has entered in to a contract of services to employ any other person as an employee and this includes the agent, manager or representative.
Definition
s.2 (1) of Industrial Relation Act 1967
Any person or body of persons, whether corporate or incorporate, who employs a workman under a contract of employment and includes the government and any statutory authority unless otherwise stated expressly in this Act.
1.2 Employee
The definition of employee according to Employment Act 1955 is as follows:
Definition
s.2 (1) of Employment Act 1955
Any person or class of persons:
Included in any category in the First Schedule; or
In respect of whom the Minister of Human Resources makes an order under subsection (3) or section 2A.
The First Schedule of EA 1955
The First Schedule of EA 1955 classifies employees into two categories. For the first category, the employees are classified based on the wages they receive i.e. not exceeding RM2,000
SEMESTER: SEPTEMBER 2013
BBUI3103
EMPLOYMENT AND INDUSTRIAL LAW
MATRICULATION NO : 740301045514001
IDENTITY CARD NO. : 740301045514
TELEPHONE NO. : 014-7295539
E-MAIL : anizah@gmi.edu.my
LEARNING CENTRE : BANGI LEARNING CENTRE
TABLE OF CONTENT Page
1. INTRODUCTION
1.1 Definition of Employer 2
1.2 Definition of Employer 2
2. CONTRACT FOR SERVICE 4
3. CONTRACT OF SERVICE 4
4. DIFFERENCES BETWEEN CONTRACT OF SERVICE 6
AND CONTRACT FOR SERVICES
5. TESTS FOR DETERMINING EMPLOYER-EMPLOYEE
RELATIONS
5.1 Control Test 7
5.2 Organizational Test 8
5.3 Multiple Test/Mixed Test 8
5.4 Mutuality Obligation Test 10
6. SUGGESTION TO AMEND CURRENT LEGISLATIONS 11
REGARDING EMPLOYMENT RELATION
7. SUGGESTION TO AMEND CURRENT LEGISLATIONS 13
1. INTRODUCTION
1.1 Employer
The definition of employer according to Employment Act 1955 is as follows:
Definition
s.2 (1) of Employment Act 1955
Any person who has entered in to a contract of services to employ any other person as an employee and this includes the agent, manager or representative.
Definition
s.2 (1) of Industrial Relation Act 1967
Any person or body of persons, whether corporate or incorporate, who employs a workman under a contract of employment and includes the government and any statutory authority unless otherwise stated expressly in this Act.
1.2 Employee
The definition of employee according to Employment Act 1955 is as follows:
Definition
s.2 (1) of Employment Act 1955
Any person or class of persons:
Included in any category in the First Schedule; or
In respect of whom the Minister of Human Resources makes an order under subsection (3) or section 2A.
The First Schedule of EA 1955
The First Schedule of EA 1955 classifies employees into two categories. For the first category, the employees are classified based on the wages they receive i.e. not exceeding RM2,000
References: Bata Shoe Co (Malaysia) v Lembaga KWSP (1967) Carmichael v National Power Plc [1999] [2000] IRLR 43 Casio (Malaysia) Sdn. Bhd. v Wahab Tuan Idris (2001) 2 ILR 115 Chye Hin Co (Perak) v PP (1960) Morren v Swinton Pendlebury Borough Council (1965) Ready Mixed Concrete (South East) Ltd v Minister of Pensions (1968) Secretary-General of the Human Resources Ministry (Seman, 2011)