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yan
alicekum1119@hotmail.com
10/09/2009 15:15:26
Re: contract of service vs contract for service

may i know that under contract of services company have to provide type of leave are:-
a) rest days
b) public holidays
c) sick leave
d) maternity leave
e) annual leave
and
under contract for services is not entitlement type of leave as above?
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KL Siew
kl_siew@yahoo.com
10/09/2009 16:55:31
If you are covered by the Employment Act, those benefits are automatically your terms and conditions of service. If you are not covered (meaning your salary is over RM1500), you better negotiate properly with the employer and have all the items stated in the contract of service. That will become your legal rights which you can enforce them in court in future should the needs arise.
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yan
14/09/2009 14:58:52
is it the contract of service and contract for service are the same contract?

that mean the contract for service also can covered by Employment Act?

Because my company said is different type of contract.
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KL Siew
14/09/2009 15:37:33
"Contract of service" and "Contract for service" are not the same. As defined in Section 2 of the Employment Act, a "contract of service" is as below: It is in effect pertaining to contract of employment. We more concerned with "contract of service". "Contract for service" is a contract for providing some services like providing labour, materials and so on. This concerns contractors and not employees. So, the "contractor for service" is not an employee of the company, he himself is in fact an employer.

"contract of service" means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that the other agrees to serve his employer as his employee and includes an apprenticeship contract;

Why are you concerned about "contract for labour"? Are you a contractor providing workers to the company?


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yan
15/09/2009 10:06:40
u mean "contract for service" just can give to industry who is sub-contractor? other industry can not apply?

i work at cybercafe is it the employer can not give me "contract for service" agreement?

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KL Siew
15/09/2009 13:36:02
For ordinary people "contract of service" and "contract for service" may be just interchangeable and meaning more or less the same thing. The important thing is the type of work you are doing. It is the nature of work that counts.
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