Procedure To Terminate An Employee In Malaysia

List down the termination procedures accordingly.

Procedure to terminate an employee in malaysia. Laws and challenges in malaysia presented by miss loh sub mui 27 april 2012 at womenbizsense meeting ymca penang 2. Industrial court in malaysia. 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. Terminating the employment contract.

Again you have to be specific when it comes to designing these procedures as there are different types of termination that an employee can be subjected into. From the definition redundancy situation happens due to several reasons such as corporate restructuring a decrease in production mergers changes in technology acquisitions and others. Miss loh sub mui a hr generalist with 20 years experience is a group hr manager with a locally established group of companies. While malaysian law does prevent employees from being fired without a good reason this does not mean that employees are infallible.

By mark williams director of operations bizfilings whatever your reasons are for terminating an employee a wise employer will always follow the proper termination procedures. She has conducted seminars for employment law including mock industrial hearings of domestic inquiries law relating to termination under malaysian labour law tenancy laws and procedure managing contracts effectively drafting commercial contracts and terms understanding and avoiding liability in procurement contracts for vendors and suppliers the personal data protection act 2010. 3 s12 employment act 1955 termination with notice either party to a contract of service may at any time give to the other party a written notice of his intention to terminate such contract of service. But only allowed for the following reasons.

Having said that an employee can terminate their employment contract or resign for any reason by following the notice clause. 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. According to department of labour of peninsular malaysia termination of employment means cessation of service due to company closure and workers redundancy. Pro employee or pro employer are both the misinterpreted statements because the industrial court in malaysia is a court of equity and good conscience.

This post will discuss the end of the employment life cycle the termination of the employment contract or dismissal. More so you have to make sure that your termination procedures are laid out in an organized and realistic manner. We ve set out below the 3 main things that can be legitimately used to terminate an employee.