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23/03/2011 18:55:27
Re: Extension of termination notice period

Question 1:
Is Employment Act 1955 effective for local employee with salary under RM1500 who is working in Sarawak?

Question 2:
Is it legal for employer to extend the notice period from 4 weeks to 8 weeks?
Based on my understanding on Employment Act 1955, employee who worked in a company for lesser than 2 years can only be implied for maximum of 4 weeks notice. Please correct me if i am wrong. Thanks !
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23/03/2011 19:07:03
Please ignore Question 1.
Found the below in Sarawak Labour Ordinance.
As for Question 2, please do enlighten me.

12. Termination of contract of service by notice

(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.

(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service, or, in the absence of such provision in writing, shall not be less than-
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23/03/2011 19:08:56
sorry i left out this part...

(a) four weeks' notice if the employee has been so employed for less than two years on the date on which the notice is given;
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KL Siew
24/03/2011 08:46:44
There is nothing to say employers shall not make changes to the length of notice period. The change will affect both parties. If the employer were to terminate the service of an employee, he will also have to give 8 weeks notice instead of 4. Since you are in Sarawak, get some official views from the Labour Department there.
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