Procedure To Terminate An Employee In Malaysia

Basically there are three acceptable reasons for lawful and fair dismissal 1 misconduct.

Procedure to terminate an employee in malaysia. We ve set out below the 3 main things that can be legitimately used to terminate an employee. Public servant can be terminated at any time at the pleasure of the crown subject to restrictions under the fc contract employees employed by government can be terminated mahan singh v govt of malaysia 1978 appeal no 5 of 1976. Generally the individual must be given at least 21 days to consider the agreement but if the waiver is requested in connection with an exit incentive or other employment termination program offered to a group of employees each worker must be given at least 45 days to consider the agreement. Termination of employment in malaysia.

Employees whose salary do not exceed rm2 000 a month or who are engaged in manual labour. Direct dismissals and constructive dismissals. While malaysian law does prevent employees from being fired without a good reason this does not mean that employees are infallible. Whether an employer is sacking someone on the spot or terminating an employee s employment contract by serving the contractually agreed notice period the employer must be able to show that the dismissal or termination was with just cause or excuse.

Only ifdismissedright to be heard should be given art 135 fc. Terminating the employment contract in malaysia an employer can only terminate an employee s employment contract if there is just cause or excuse if the employer wants to avoid a claim for unjust. Or b by the employer on grounds of misconduct inconsistent with the. And 3 redundancy retrenchment.

An employer must take into account several factors before contemplating termination on medical grounds. In malaysia employers can only terminate an employee when the illness or disability suffered has severely crippled their ability to perform their designated tasks and recovery is unlikely. These provisions are only applicable to employees coming within the purview of the employment act 1955 eg. According to department of labour of peninsular malaysia termination of employment means cessation of service due to company closure and workers redundancy.

2 poor work performance. Most employees do not expect to get fired. Regulation 4 1 employment termination lay off benefits regulations 1980 subject to paragraph 2 3 and 4 an employee shall be entitled to termination benefits payment where his contract of service is terminated for any reason whatsoever otherwise than a by the employer upon the employee attaining the age of retirement if the contract of service contain a stipulation in that behalf stipulated retirement.