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CHAPTER 3 The Employment Relationship - Coggle Diagram
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
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
Employee
Management personnel
Probationers
Fixed term employees
Out-workers
-Agency or contract workers
Apprentices
-Pieceworkers
Casual employees
Features of
An Employment Contract
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
Prohibition
Employer
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 5(2) of IRA
-States that employer shall not be deemed to be precluded from:
Refusing to employ or promoting
Employee
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
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