Industrial
I’m an Employee, Not a Slave. I Know My Rights!
over 7 years ago fadzel
Actually, you may not even be an ‘employee’
Surprised?
The Employment Act isn’t what it seems. And, as it turns out, not everyone falls under it..
The Employment Act 1955
The Employment Act 1955 (amended by Employment Amendment Act 2012) applies throughout West Malaysia. So, if you're from Sabah or Sarawak, you're covered under the Sabah Labour Ordinance or Sarawak Labour Ordinance instead. However, these laws are substantially similar to the Employment Act 1955. Let's just focus on the Employment Act 1955.
Now… Here’s the interesting part…
Are you an "employee" under the Employment Act?
Section 2 of the Act defines an Employee:
OR
Section 2 Employment Act 1955: "employee" means any person or class of persons --
(a) included in any category in the First Schedule to the extent specified therein; or
(b) in respect of whom the Minister makes an order under subsection (3) or section 2A
If indeed you are… Then the Employment Act tells you about your rights in the workplace and what you can do if your rights are denied.
Here’s an outline of your benefits -
Benefits under the Employment Act
If you are defined as an employee under the Act, you enjoy certain benefits under the Act. These benefits includes:
But, what about those who earn more than RM2000?
Based on the above, you’re in a different category and considered a workman instead.
So, are you even an employee?
If you’re not, stay tuned for our next piece!
This article is for informational purposes only and should not be taken as legal advice. Every situation is unique and dependent on the facts (ie, the circumstances surrounding your individual case) so we recommend that you consult a lawyer before considering any further action. All articles have been scrutinized by a practicing lawyer to ensure accuracy.
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