Preview

Employment Law

Powerful Essays
Open Document
Open Document
27465 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Employment Law
LAWS OF MALAYSIA
REPRINT

Act 265

EMPLOYMENT ACT 1955
Incorporating all amendments up to 1 January 2006

PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006

2

Laws of Malaysia

ACT 265

EMPLOYMENT ACT 1955 First enacted … Revised … … … … … … … … … 1955 (F.M. Ordinance No. 38 of 1955) 1981 (Act 265 w.e.f. 18 February 1982)

PREVIOUS REPRINTS First Reprint Second Reprint … … … … … … … … … … 1975 2001

Employment LAWS OF MALAYSIA Act 265 EMPLOYMENT ACT 1955
ARRANGEMENT OF SECTIONS

3

PART I PRELIMINARY
Section

1. 2.

Short title and application Interpretation

2A. Minister may prohibit employment other than under contract of service 2B. General power to exempt or exclude 3. 4. 5. Appointment of officers Appeals Effect on Act of other written laws PART II CONTRACTS OF SERVICE 6. 7. Saving of existing contracts More favourable conditions of service under the Act to prevail

7A. Validity of any term or condition of service which is more favourable 7B. Removal of doubt in respect of matters not provided for by or under this Act 8. 9. 10. 11. Contracts of service not to restrict rights of employees to join, participate in or organize trade unions (Deleted) Contracts to be in writing and to include provision for termination Provision as to termination of contracts

4
`Section

Laws of Malaysia

ACT 265

12. 13. 14. 15. 16. 17.

Notice of termination of contract Termination of contract without notice Termination of contract for special reasons When contract is deemed to be broken by employer and employee Employees on estates to be provided with minimum number of days’ work in each month (Omitted)

17A. Apprenticeship contracts excluded from sections 10 to 16 P ART III PAYMENT OF WAGES 18. 19. 20. 21. 22. 23. Wage period Time of payment of wages Payment on normal termination of contract Payment on
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Powerful Essays

    Usyd Claw1001 Paper
    • 1128 Words
    • 5 Pages

    Usyd Claw1001 Paper

    The area of law to be discussed would be implied 'terms of a contract which are not agreed by the parties.' They are terms which are related to 'contingencies which might affect the contract of employment in this case.' This is what 'parties intended but left unwritten in the gap of a contract.' There are five conditions by which a contract would be satisfied before a term would be implied. They are 'reasonable and equitable, necessary to give business efficacy so no term will be implied if contract is effective without it, obvious, clear expression and not contradict any express term of the contract.' The analysis would address the viability of imported terms, implied terms, crystallised customs and the decisions of various cases.…

    • 1128 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    Hr Adminstrator
    • 1490 Words
    • 6 Pages

    Hr Adminstrator

    Common Law Contract of Employment (2010) Human Resource Management 286, Study Guide, Page 12, 13…

    • 1490 Words
    • 6 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    EMPLOYMENT RIGHT AND RESPONSIBILITYQuestion 111 The
    • 1270 Words
    • 5 Pages

    EMPLOYMENT RIGHT AND RESPONSIBILITYQuestion 111 The

    Legislation relating to employment exists in other to protect the right of both the employee and the employer. This is mainly to avoid exploitation of the employers and it ensures that all procedures, policies and regulations are been complied with.…

    • 1270 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Better Essays

    Business Admin Level 2
    • 5350 Words
    • 21 Pages

    Business Admin Level 2

    The term of the employee’s employment hereunder (the “Employment Period”) shall commence upon the employment and shall continue for a [X] month period of time, working a minimum of [X] hours per week, unless terminated earlier in accordance with the termination provisions of this agreement. – Clausehound.com…

    • 5350 Words
    • 21 Pages
    Better Essays
    Read More
  • Better Essays

    Ptlls
    • 4214 Words
    • 17 Pages

    Ptlls

    “the Act imposes obligations on staff within an organization commensurate with their role and responsibility”…

    • 4214 Words
    • 17 Pages
    Better Essays
    Read More
  • Powerful Essays

    Employer Rights and Responsibilites - List the Laws Legislation for Employment
    • 1592 Words
    • 7 Pages

    Employer Rights and Responsibilites - List the Laws Legislation for Employment

    Their are certain laws in place which cover employment. Employment law is likely to have a profound impact on employees throughout their working lives. It governs the employment of every employee and working in the UK. Any worker or employee working in the UK is entitled to certain employment rights, and protected by employment law. Employment law does not always work in the favour of the employed as it also protects the rights of employers too. There are numerous employment rights. It is important for these laws to be fully understood, otherwise it is possible to end up going down the route of unfair dismissal and discrimination claims. It is vital an employee stays on top of the law with regard to the following:…

    • 1592 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Article 86 and Article 92 Ucmj
    • 707 Words
    • 3 Pages

    Article 86 and Article 92 Ucmj

    This is a 2000 word RBI on Article 92 (Failure to obey order or regulation) and Article 86 (Absence without leave)…

    • 707 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    unit err
    • 9615 Words
    • 39 Pages

    unit err

    Some of the aspects of employment covered by law are minimum wage; discrimination; health and safety; holiday entitlement; training; dismissal; redundancy; disciplinary procedures; union rights and consultation; maternity, paternity and adoption leave and grievance…

    • 9615 Words
    • 39 Pages
    Good Essays
    Read More
  • Better Essays

    Legal Framework for Managers
    • 2246 Words
    • 9 Pages

    Legal Framework for Managers

    * (a) approved by the Director General under section 29 (2) on application made to him by an employer for its inclusion in a contract of service; or…

    • 2246 Words
    • 9 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Employment and Assessment Criteria
    • 324 Words
    • 3 Pages

    Employment and Assessment Criteria

    201 Understand employment responsibilities and rights in health, social care or children and young people’s settings…

    • 324 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Err Nvq Level 3 in Childcare and Education
    • 1698 Words
    • 7 Pages

    Err Nvq Level 3 in Childcare and Education

    Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice, redundancy and more.…

    • 1698 Words
    • 7 Pages
    Better Essays
    Read More
  • Better Essays

    The Difference and Commonalities Between the Labor Law of Mainland China and Hong Kong
    • 11253 Words
    • 46 Pages

    The Difference and Commonalities Between the Labor Law of Mainland China and Hong Kong

    State organs, institutional organizations and societies as well as laborers who form a labor contract relationship therewith shall follow this Law.…

    • 11253 Words
    • 46 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Case Notes: Muhammad Yasin Saqib vs. Chairman, Pakistan Telecommunication Corporation
    • 394 Words
    • 2 Pages

    Case Notes: Muhammad Yasin Saqib vs. Chairman, Pakistan Telecommunication Corporation

    ----Art.199(1)(b)(ii)---Civil service---Writ of quo warranto, issuance of-- Authority in order to implement direction of Supreme Court given in its judgment, constituted a Committee to consider equivalence of B.Tech.(Hons.) Degree with B.Sc. BE. Degree in the light of decision of Supreme Court---Committee after discussing in detail case of equivalence decided that candidates holding qualification of B.Tech.(Hons.) were to be considered for promotion---As per recommendations of the Committee, two persons were promoted as Assistant Divisional Engineers---Order for formation of Committee and said order of the promotion were not challenged by any one---Petitioner had filed petition after about three years from the formation of Committee and the promotion on which petitioner had prayed for issuance of a direction in the nature of quo warranto asking the promotees as to under what authority of law they were holding promoted posts and that they be restrained from acting as such ---Petitioner had failed to show any reason that why he did not challenge formation of Committee and promotion soon after passing orders in that respect---Writ filed by petitioner was hit by laches---Petitioner if had any grievance, could file representation against the said promotion and in case of dismissal of his representation, he could approach the Service Tribunal---Writ of quo warranto, otherwise could not be issued as petitioner himself was party---Writ of quo warranto was not maintainable if it was filed by an interested person or who was affected, himself by impugned order.…

    • 394 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    The Industrial Relations System - a Historical Background
    • 439 Words
    • 2 Pages

    The Industrial Relations System - a Historical Background

    In September 1965, the Essential (Trade Disputes in Essential Services) Regulations, 1965 was promulgated. It was designed to ensure that trade disputes in certain scheduled services would not lead to disruption of such services. These Regulations vested in the Minister of Labour certain powers to intervene of his own volition in such disputes and if necessary, to refer them to the Industrial Arbitration Tribunal for settlement. No strike or lock-out could be declared or where already declared could continue once the Minister had so intervened. The award of the Tribunal was final and legally binding on the parties to the dispute. The promulgation of the Essential (Trade Disputes in Essential Services) Regulations in 1965 was indeed a turning point in the pattern of industrial relations system in the country. For the first time an…

    • 439 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Apprenticeship Relationship: An Analysis Of ATS
    • 1067 Words
    • 5 Pages

    Apprenticeship Relationship: An Analysis Of ATS

    In the case of Ram Dular Paswan and others v. Presiding Officers, Labour Court, Bokaro Steel City, Dhanbad and others it was held that apprentices and workmen were not the same. In this case, certain apprentices filed complaints under Section 33 A of the Industrial Disputes Act, 1947 that they were removed from service by their employer. The Labour Court rejected their complaints on the grounds that they were not workmen but merely apprentices to whom the Industrial Disputes Act, 1947 is not…

    • 1067 Words
    • 5 Pages
    Good Essays
    Read More

Related Topics