1. My salary is more than RM1500 per month, am I protected under the Employment Act? 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. 2. A female employee had an abortion, is she entitled to maternity allowance? If
it is a still birth, the pregnancy must be least 28 weeks old. Yes
if all other conditions have been fulfilled. 3.What is my annual leave entitlement? Employed
less than 2 years: Not less than 8 days per year 4. What is my sick leave entitlement? Employed
less than 2 years: Not less than 14 days per year 5. I have not received any confirmation letter, am I considered confirmed or not? You are considered as not confirmed. 6. I am a manager and my month salary is over RM5000, am I protected under the Employment Act? If not where can I seek redress? 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. 7. I am working in Kuala Lumpur, my employer wants to transfer to the Penang branch, can I refuse? 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,.........." 8. Am I entitled to annual bonus? 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. 9. I am dismissed, what legal aids can I get and where can I get it? 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) 10. What is 'last in, first out"? 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). 11. Is an unmarried mother entitled to maternity allowance? 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.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||
View other queries from reader by email