Labour Law Malaysia Termination Under Probation

But only allowed for the following reasons.

Labour law malaysia termination under probation. The same applies to termination on the side of the employee. 5 extension of probation. 18 days for those between two to five years of service. Contracts to be in writing and to include provision for termination.

During this period the employer may terminate the employment contract if it is determined that the employee is incapable of carrying out the work by serving three days written notice. A worker may be engaged. The employer may at its discretion terminate the employment contract without notice during probation period in accordance with article 37 of the labour law which states. While termination of a probationer must be with just cause or excuse the law recognises that the standard of proof required of the employer is lower when it comes to probationers.

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. And 22 days in a calendar year for those in service for more than five years. The employer has ceased or intends to cease to carry on the business the employer has ceased or intends to cease to carry on the business in the. This is because employers have a general prerogative to choose and organise their workforce however they see fit subject to compliance with labour laws of course.

Under the labour law an employer can subject the employee to a single probationary period of not more than 6 months. If a dismissal on the side of the employer is given after this period and is not due to misconduct of the employee the latter is entitled to layoff benefits. The notice period should be according to contract of employment and if there isn t a notice period the notice period under s 12 of the ea is applicable. In khaliah binti abbas vs pesaka capital corporation sdn bhd the court of appeal ruled that an employee on probation enjoys the same rights as a permanent or confirmed employee and he or she cannot be terminated without just cause or excuse.

1 a contract of service for a specified period of time exceeding one month or for the performance of a specified piece of work where the time reasonably required for the completion of the work exceeds or may exceed one month shall be in writing.