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Ieda
23/03/2009 10:52:10
Re: Maternity leave and termination.

1- is it legal for a company for not provides maternity leave to a contract staff with a salary of above RM1500?

2- Does a company should pay any salary in lieu if an employee is terminated due to misconduct or poor performance?
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KL Siew
kl_siew@yahoo.com
23/03/2009 15:07:55
1. I don't know how the contract was worded. To avoid confusion, it would be better for those with salary over RM1500 to have all the terms and conditions of the contract properly listed out.

2. If the staff is found guilty of misconduct after a domestic inquiry, no such payment need to be paid.
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Ieda
23/03/2009 17:02:39
In the contract, the company does not put any clause with relates to maternity leave and HR said that they are not entitled to maternity leave. they're only entitle to annual leave (14days) and sick leave (14days) as well as compassionate leave for 7 days.is it legal?

Whether Employment Act with regards to maternity leave is only applicable to those who are salary below rm1500 and not those who are above that?
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KL Siew
23/03/2009 17:37:41
That is the problem when there is no clause of maternity benefit. The staff should have negotiated for it. The Labour Department may not able to deal with the case as the staff concerned is not covered by the Employment Act.

In order to get a better understanding of the Employment Act, I suggest you pay a visit to the Labour Department and talk of one of the senior officers there.
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