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