Notice Of Termination Of Employment Malaysia
A look at the key legal provisions governing the termination of employment in malaysia including grounds for dismissal notice requirements and severance pay among other things.
Notice of termination of employment malaysia. Some foreign businesses are even nervous of a system perceived as disadvantageous to employers when it comes to termination of employment. Many believe that the procedure to terminate an employee in malaysia is overly pro employee. An employer in malaysia cannot dismiss a staff without cause or by simply giving a notice or a salary in lieu of notice. If not stated differently in the contract the periods according to which the notice of termination is related are.
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. Introduction in malaysia employer employee relationships are governed by the labour relations act ira 1967 and the employment act 1955. They can only dismiss the staff if there is a legal and authorized cause and after following the procedures required for the cause of termination. The usual period when a notice of termintion has to be handed in by either the employer or the employee depends on the duration of employment.
An employer cannot terminate an employee just by giving them notice or payment in lieu of notice even if this is what is stated in their employment contract. 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. According to department of labour of peninsular malaysia termination of employment means cessation of service due to company closure and workers redundancy.