CHAPTER 3
The Employment Relationship
The Employment Relationship
- The right and responbilities of employers and
employees and their respective unions is guaranteed by the IRA 1967 and TUA 1959.
Nature Of Employment
- Employer ( Any person who is entered into a contract of service to employ anyone as an employee)
- Employee (Any person)
-Employment
Common Duties Of
Employer
Employee
- Duty to pay remuneration
-The obligation to provide work
-Duty to treat employees with respect and trust
-Duty to give testimonials and references
-Duty to comply with Statutory Obligations
- Management personnel
- Probationers
- Fixed term employees
- Out-workers
-Agency or contract workers - Apprentices
-Pieceworkers - Casual employees
Features of
An Employment Contract
Prohibition
Employer
Employee
Section 59(1) of IRA
-It is an offence for an employer to dismiss or threaten to injure or to alter a workman's position by reason of his joining or participating in lawful trade union activities.
Section 7 of IRA
- States that no workman or trade union of workmen and no person acting on behalf of such trade union shall:
a) Except with the consent of the employer.
b) Intimidate any person to become
c) Induce any person to refrain from becoming
Section 5(2) of IRA
-States that employer shall not be deemed to be precluded from:
Refusing to employ or promoting
Employment Contract
- Contract of Service (employee)
-Contract for Service (contractor or self-employed)
-Contractor for labour
Formation of
An Employment Contract
-Express terms
-Implied terms
and must have this elements:
-Legislations
-Collective Agreement
-Employee Handbook
-Common Law Duties
Contract for Labour
- An agreement with specific terms and conditions between two or more persons or entities or between the owner and the contractor.
Section 2 Employment Act 1955
Contractor for labour
Section 33 Employment Act 1955
Liability of principals and contractors for wages
Statutory breach of Employment contract
- Section 13(2) of EA 1955
a) Either party of a contract of service may terminate - Section 15 of EA 1955
a) employers fails to pay wages
b) Employee absence more than 2 days without approval
Contractual Breach of Employment Contract
-Occur when there is non-observance or compliance by either party of any term, whether express or implied, contained in the cos.
3 Employment Legislation
-EA 1955
-Sabah Labour Ordinance
-Sarawak Labour Ordinance
Right of workmen and employers
-Section 4 of IRA 1967
a) right of employer and employees
Rights and Responsibilities Issues
Rights
Statutory Rights
Responsibilities
Contractual Rights