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Chapter 3 Employment Relationship

This document discusses employment relationships and contracts under Malaysian law. It covers topics such as: - The right of employers and employees to form or join trade unions under Section 4 of the Industrial Relations Act 1967. - Statutory breaches of employment contracts that can occur when either party fails to comply with express or implied terms in the contract of service, as defined in Sections 13(2) and 15 of the Employment Act 1955. - The various recourses available to employees in cases of wrongful dismissal or breach of contract, including initiating civil actions, making complaints to the Director General of Labour, or seeking reinstatement under certain conditions.

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0% found this document useful (0 votes)
255 views2 pages

Chapter 3 Employment Relationship

This document discusses employment relationships and contracts under Malaysian law. It covers topics such as: - The right of employers and employees to form or join trade unions under Section 4 of the Industrial Relations Act 1967. - Statutory breaches of employment contracts that can occur when either party fails to comply with express or implied terms in the contract of service, as defined in Sections 13(2) and 15 of the Employment Act 1955. - The various recourses available to employees in cases of wrongful dismissal or breach of contract, including initiating civil actions, making complaints to the Director General of Labour, or seeking reinstatement under certain conditions.

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tikaini
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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S4 of IRA 1967: Right of employer and employee No one shall restrain a

workmen or an employer in
exercise right to form or join
trade union.
Statutory Breach of
Employment Contract Employment Relationship No trade union shall interfere with
Occur when there is non- each other establishment, functioning
S13(2) of EA 1955 Apprentices
observable/compliance by either or administration of trade union
party of any term whether
S15 of EA 1955 express/implied, contained in the Section 5(1) of IRA Agency or contract workers
contract of service. Prohibition of employer Section 59(1) of IRA
Section 5(2) Fixed term employees
Breach of Employment Contract
Initiate an action in the Civil Court Type of employee
Management Personnel
Lodge a complaint with the DGL Section 7 of IRA
under S69 of EA1955 Probationers
Recourses Prohibition of employee
In cases of wrongful dismissal, make
representation to the DGIR for Out workers
reinstatement pursuant to S20(1) of IRA
1967 CHAPTER 3: EMPLOYMENT
workersPiece
Employee Handbook
RELATIONSHIP
Casual employees

Legislations

Express Term Employer offer employment to employee (offer)


Formation of employment contract Nature of employer-
employee relationship
Implied Term Employee accept employment (acceptance)

Employment is the vital link (reward)


Collective Agreement

SE EA 1955 Contractor of Labour


Common Law Duties
Contract for Labour
SE EA 1955 Liability of principle & Statutory Rights ( based on specific laws & statutes)
contractors for wages

Responbilities (obligation to perform)


Right & Responsibilities Issues
Right (belong to a person by law, nature or tradition.

Contratual Rights (based on specific


contract between 'yer & 'yee)

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