Employers are prohibited to terminate pregnant employees, unless, such employees violates employment contract, conduct major misconduct and bankruptcy of employers.
Certain provisions, such as payment for work done on rest days and public holidays, overtime payments and termination, layoff benefits, and others, would only apply to a select group of employees earning RM4,000 or less.
As the amendment covers all employees, provisions stated in the act such as annual leave, sick leave, lawful deductions, wage period, time of payment of wages, system of payment of wages, etc. applied to all employees.
The Amendment has been open to all employees regardless of salary scale. This means that all employees can make claims or complaints at Department of Labour regardless of salary scale.
An employer may dismiss an employee without notice for misconduct after due inquiry. Type of misconduct includes; refusal of employee to follow order, involve in gambling, disobedience, fraud, threat, assault & fighting & sexual harassment, drug, alcohol abuse etc.
An employee can terminate a contract without giving notice by paying to the other party an indemnity of a sum equal to the amount of wages which would have accrued to the employee during the term of such notice.
If it’s not stated in Contract of Service, 6 weeks termination notice should be given to the employees which have served more than 2 years but less than 5 years of service.
This type of termination requires an employee to give notice to the employer that states the intention to terminate employee service. The length of the notice to be given must be stated in the contract of service.
Normal Termination took place when a contract of service is expired or even when the job assigned is completed. For example, a government servant in Malaysia must retire at the age of 60.
A female employee ONLY entitled for maternity allowances for her confinement of 1-5 surviving children. She shall not be entitled to any maternity allowances if at the time of her confinement; she has more than 5 surviving children.
A female employee also entitled to maternity allowance if she has been employed by employer for a period not less than 90 days during the 9 months immediately before her confinement.
A female employee shall be entitled to receive maternity allowance if she has been employed by the employer at any time in the 4 months immediately before her confinement.