BACHELOR OF HUMAN RESOURCE MANAGEMENT WITH HONOURS

BBUI3103
EMPLOYMENT AND INDUSTRIAL LAW
UNDANG-UNDANG PEKERJAAN DAN PERINDUSTRIAN
MAY SEMESTER 2019

NO. MATRIKULASI : 830315146075-001

NO. KAD PENGNEALAN : 830315146075
NO. TELEFON : 0183994886
E-MEL : sktyagu@gmail.com
PUSAT PEMBELAJARAN : SRI RAMPAI
Introduction and Background Of The Sources Of Employment Law In Malaysia.

Perfect labour laws do not cover the connection between employer and employee in the past.
This means that employers have an uncontrollable power and are free to do rather them
comparable to their employees. The workers are overloaded and do not receive fair handling.
Workers are not like slaves where their fate and future lie entirely in the hands of employers.

The industrial insurgency in Europe began to raise the working class in demanding their rights
and its influence spread to other countries around the world. For example in Britain workforces
have become a strong group so that they are able to dominate the local political world and the
Labor Party has once led the leadership of the country.

Labour laws stand presented gradually. Labour laws govern employee and labour relations even
though they are still free to enter into contracts and agree on certain terms. Not every term of
their service contract must be against the law. The law has guaranteed things like wages,
working hours, holidays and so on.

In Malaysia too, labour laws govern the relationship between employer and employee. The
development of labour laws in Malaysia began when many Chinese and Indian labourers stayed
brought into Malaya to work in the mines and rubber fields. The rapid growth and development
of ore mines and rubber estates in Malaya is increasing from time to time, and the number of
labour is increasing. The British who were miners or rubber miners through certain agents
brought in the Chinese and Indian labourers.

Initially, Chinese labourers contracted to work in ore mines for a certain period, and
subsequently, they are presently released to look for other jobs. Part of their wages is situated
deducted to repay the expenses of bringing them into Malaya. The state of work at that time was
very bad and they are situated suppressed.
The Key Features Of Contract Of Service And The Ways It Differs From Contract For
Services

The influence of Common Law in Malaysia is so vast. Except for laws involving religious and
family affairs, Common Law influences many aspects of the law in Malaysia. Colonization is the
reason. Common Law goes into the country through two channels - legally and judicially.

Labour statutes (written laws) in Malaysia are widely imitated from the English and Indian
labour statutes. Nevertheless, the labour statutes in Malaysia are not exactly similar (in material)
with labour laws in both countries. In view of the provisions in the labour statutes in Malaysia,
there are certain provisions specific to Malaysia.

The labour statutes in Malaysia comprise the Employment Act, the Industrial Relations Act, the
Trade Unions Act, the Employees Social Security Act, the Workmen's Compensation Act and so
forth. This is the written law of labour in Malaysia. Pursuant to sections 3 and 5, the Civil Law
Act, if there is a written law in Malaysia, Common Law does not apply. However, in the absence
of such written law, the principle of Common Law remains still used to fill the breach.

The courts in Malaysia take many Common Law cases to clarify aspects of labour law in
Malaysia, such as tests determine whether the "service contract", the employer has implied
obligations and so on. As far as it is able to stay observed, a court in Malaysia does not discuss it
when the court decides cases involving labour.

Labour acts in Malaysia are as follows:

 Employment Act, 1955 (Revised 1981). (Amendment 1989)
 Trade Unions Act, 1959 (revised 1981), (Amendment 1989)
 The Industrial Relations Act, 1957 (amendments 1980, 1989).
 Employee Social Security Act, 1969.
 Factory and Machinery Act, 1967.
 Child and Young Persons Act (occupation), 1966.
Key Features Of Contract Of Service And The Ways It Differs From Contract For
Services.

In the Employment Act 1955, there are many provisions regarding employment contracts or the
terms set out in Act 265, namely "service contracts".

Act 265 has stated that "service contract" is any agreement whether verbally or in writing
expressly or implied that a person agrees to take another person as his employee. The other party
agrees that he will serve his employer and this includes apprenticeship contracts. The lesser
understanding is also stated in the Communications and Enterprise Act 1967. The service
contract may be in writing, oral, real or implied.

The Employment Act 1955 provides that employment contracts that last for more than one
month shall stay made in writing including the provision for termination of the contract.
However, the absence of a written contract does not invalidate the employer's relationship. The
same Act requires the employer to prepare and keep a register of any information on each
employee hired by him as prescribed under the Rule. Every job description is present recorded
and must be preserved in such a way that it may be available for inspection at least six years after
the record.

The Work Regulations 1957 drafted under the Act require an employer not only to maintain the
registration (as stated above) but also to verify the details. Under the same Regulations,
employers need to maintain a registration that stores three types of details about each employee,
namely, personal details, details of the terms and conditions of employment, and the details of
salaries and allowances earned in each pay period. The employer shall submit to each employee,
on or before the commencement date of employment and. If there is any change in the terms and
conditions of the employment that causes any change in his salary, a copy of the particulars of
"terms and conditions of employment" intend to stand situated given. This is the name of the
employee and National Registration of Identity Card No.; employment or appointment; wage
rate (excluding other allowances); other allowances payable and rates; rates for overtime work;
other benefits, agreed working hours; notice period for termination, salary period and others. If
the collective agreement is in force and applies to the employee, the employer is required to
provide a copy of the collective agreement for the employee's knowledge or to display it in a
convenient place at work. The Personal Data Protection Act 2010 also requires employers to
provide specific information in writing to employees.

Types of Contracts

Fixed-Up Contract
Underneath section 11 of the Employment Act 1955, there has been little touched on the contract
within a certain period but does not touch on this issue. In a fixed-term contract issue, there is no
legal provision in Malaysia that uses such terms. However, this does not mean that Malaysian
law does not touch this title directly.

Trial Period

No specific law provisions regarding the Trial Period. The Employment Act 1955 does not
differentiate between positions under trial and other employees. Workers who are in probation
have the same rights as any other employee. The difference is that they are under the observation
of employers.

Beforehand and Affect the Appointment of Employment.

Job Vacancy
There are various ways to fill positions such as:
• "headhunting"
• Advertising on the notice board
• Via internal journal
• Through professional journals and newspapers
• Through word of mouth word "mouth"
Regardless of the media used, there are certain laws to follow:
1. Any advertising made may not have the discrimination element by suggesting that the
work is only open to a particular race or gender, except in a case known as "genuine
occupational qualifications" where the nature/nature of the work is limited to a specific
woman or man only. (Sex Discrimination Acts, 1975 & 1976; Race Relations Acts, 1976)
2. Criteria cannot stay quantified if it is not appropriate to a particular task but has an effect
on excluding human categories. Examples: some physical tests that may discriminate
against women who do not fit a particular task.
3. Avoid using certain words that contain "sexual connotation"
4. Recruiting through the mouth or through individuals may discriminate against job
applicants in terms of restricting certain groups.

Selection Process

What the employer needs to take in the election process is to avoid discrimination in terms of
race and gender as well as members of trade associations or non-members of the association. If
we ask the woman applicant about her marriage wishes, it remains also said to be discrimination
unless the male applicant stays also asked the same question. Such a question had better stand
avoided. For applicants who have committed a criminal offence where the employer believes the
applicant will perform/repeat the conduct is illegal.

Service Contract
Everyone who works with someone, or any employer who takes someone to work, has entered
into a contract, whether they are aware or not. However, a further description of the service
contract is not that easy. Various terms, terms, tasks and responsibilities in the contractual
relationship between employer and employee make the service contract so complex.
Contract law covers a contract entered into by two parties. The basis that constitutes a service
contract is actually the principle and principle of a regular contract. At the stage of formation,
there is no difference between the contract of service and the general contract.
Service contracts have unique features in which there are duty and responsibility from employers
to employees and employees to employers.
The contract law generally provides that a contract entered by a minor is void. The Contract Act
provides only those who are attending adulthood who is qualified to contract. The adult age set
by the Adult Age Act, 1971 is 18 years. It is argued that although all contracts entered by a
minor are void, if there is a "requirement" provided by the person contracting thereto, the person
is entitled to compensation from the minor's property. "Needs" is like home, food, moral and
religious education, lessons and the like. With the coming into force of the Contract
(Amendment) Act 1976, all scholarship agreements are not revoked on the grounds that students
entering the contract are not attained in adulthood. In Malaysia, the statute which protects the
employment of children and young persons is the Child and Young People (Employment) Act,
1966. Section 13.
Rough into Malaya. Most of them are from South India and they work in Malaya on sugarcane
coffee plantations and rubber fields. They are also bound under an agreement system to work in
these estates for a period of two or three years. Some of them continue to work in the estates and
some work in various sectors, especially with the government. There is no specific law to protect
workers. The way the British merchants use is to appoint a leader from the races themselves to
manage their affairs. For example, in 1877, a Chinese Protector was appointed in the Straits
Settlements to guard the affairs of Chinese workers and to prevent oppression.

EMPLOYEE ACT 1955

The Employment Act, 1955 is the principal legislative regime of labour affairs in Malaysia.

The Employment Act provides for minimum terms and conditions (mostly in monetary value)
for certain categories of employees: -

 Any employee as long as the monthly wage is less than RM2000.00 and
 Any worker in the field of manual work including craftsmen, trainers, transport operators,
supervisors or supervisors of manual workers, working men on board and even maids are
classified as employees although their salary exceeds RM2000.00 per month.