Professional Documents
Culture Documents
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By virtue of G
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, whereby
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Ôhen a problem in a work relationship results in court
action, the courts will establish the existence of a
contract of service/ employment before they consider
the specifics of a case
In investigating the legal relationship, a 'contract of
service' is taken to denote employment. A 'contract for
service' does not involve employment
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It is said that the relationship of employer and employee
cannot exist unless the
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can be an important
question where casual working is involved
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A contract of service may be oral or in writing, but
under 2+p
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the following terms must be given to an employee
in writing on or before the commencement of his
employment:
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and National Registration
Identification Card No
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or appointment
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÷he duties of an employer may be summarized as
follows:
- ÷o pay employees
- ÷o give holidays & holiday pay
- ÷o provide sick pay
- ÷o allow maternity leave
- ÷o comply with the Employment Act
- ÷o provide a safe working
environment
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- ÷o comply with Health & Safety Regulations
- ÷o indemnify losses & liabilities incurred while
employee is carrying out duties
÷he employer has NO duty:
- ÷o provide work
- ÷o protect employees· property
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÷he duties of an employee include:
the
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+
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employer shall give to the employee,
of service, and the length of such
notice shall be not less than that provided under
subsection (2) (a), (b) or (c), as the case may be,
regardless of anything to the contrary contained in
the contract of service
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2. If an
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consecutive working G%
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may be terminated - G pstates:
´An employee shall be deemed to have broken his
contract of service with the employer if he has been
G+Gfrom work
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from his employer, unless he has a reasonable
excuse for such absence and has informed or
attempted to inform his employer of such excuse
prior to or at the earliest opportunity during such
absenceµ
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3. Dismissals on the
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are
possible without notice, but
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´An employer may, on the
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inconsistent with the fulfilment of
the express or implied conditions of his service,
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(a) GGG
the employee
(b)
or
(c)
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as
he deems just and fit, and where a punishment
of suspension without wages is imposed, it
shall not exceed a period of two weeks
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that the GGG of a
workman G
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.÷he standard of proof is on the +
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- Halsbury's Laws of Malaysia
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where he considers that he has been
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Ôhere there has been a termination due to misconduct-
the failure of conducting due inquiry prior to the
termination is a statutory breach the employer
is not exempted from paying termination benefit
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÷his is the primary relief conferred on the Industrial
Court by the Industrial Relations Act 1967 (IRA)
÷he Industrial Court is to inquire into an
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to be reinstated on the basis that he
considers himself to have been dismissed without just
cause or excuse
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÷he employee may choose to proceed in the civil courts
in an action for wrongful dismissal or breach of contract