If your occupation is non-manual, the Employment Act does not cover you. However if your salary is less than RM5000 and if your employer fails to provide you whatever stated in the contract of service, you can still make claim at the Labour Office.
If your occupation is manual one, you are covered by Employment Act irrespective
how much you earn.
If it is a still birth, the pregnancy must be least 22 weeks old. Yes
if all other conditions have been fulfilled.
Employed less than 2 years: Not less than 8 days per year
Employed between 2-5 years: Not less than 12 days per year
Employed for more than 5 years: Not less than 16 days per year
Employed less than 2 years: Not less than 14 days per year
Employed between 2-5 years: Not less than 18 days per year
Employed for more than 5 years: Not less than 22 days per year
If hospitalisation is required, than sick leave of up to 60 days shall be allowed.
You are considered as not confirmed.
You are not covered by the Employment Act. But in the event of a dismissal which you consider as wrongful, you may seek redress at the Industrial Relations Department. You may make claim under Section 20 of the Industrial Relations Act.
Section 12(3)(e) of the Employment Act states:
"(3)Notwithstanding anything contained in subsection (2), where the termination of service of the employee is attributable wholly or mainly to the fact that:
(e)the employee has refused to accept his transfer to any other place of employment, unless his contract of service requires him to accept such transfer; or
the employee shall be entitled to, and the employer shall give to the employee,
notice of termination of service,.........."
Yes,if it is contractual (i.e. payment of bonus is stated in the contract of service). Otherwise payment of bonus is entirely at the discretion of the employer.
If you are covered by the Employment Act and you are dismissed without notice, you may approach the Labour Department to claim indemnity. Alternatively you can make claim at the Industrial Relations Department for wrongful dismissal under Section 20 of the IR Act. There are various places where you can seek assistance if you have such problem i.e. (a) Labour Department (b) Industrial Relations Department (c) your trade union or (d) the Malaysian Trade Union Congress (MTUC)
In the event of an retrenchment exercise, the employer must follow the principle of "Last in First out" LIFO i.e. from the group of local workers working in a similar capacity, the employer has to retrench first the most recent staff who join the firm (the last to join, the first to go).
Yes,it does not matter whether a female employee is married or otherwise
as long as she eligible.
The Employment Act does distinguish between a employee under probation and other employees. He enjoys all the same rights as any other confirmed employee and cannot be terminated without just cause. An employer cannot simply tell the probationer to go at the end of the probationary period by alleging unsatisfactory performance. The employee has to be given opportunity to improve himself and warning must be given if poor performance persists. Only after this that an employee can be terminated at the end of his of her probation period.
No, you are not covered by the Employment Act 1955 but by the Sarawak Labour Ordinance.