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Summary for termination of employment
2nd checking and printing
Summary for work act 1955 and the
regulations order
Prepare Appendix
Summary for type of contract
Compilation and 1st checking

Summary for protection of workers





Jabatan Tenaga Kerja once called Jabatan Buruh is established in 1912. In 2003,
Jabatan Buruh changed the name to Jabatan Tenaga Kerja after the consolidation with Jabatan
Tenaga Rakyat. With its vision of propelling the excellence human resource management in
the private sector, the department is responsible of defending the rights of these workers from
being violated by their employers. This vision is achieved by the implementation of mission
the department in which to build a productive community of industry for this country.
The most important function of this department is to build the working environment
of harmony and customer satisfaction in which should be prolong from day to day. Through
the department objectives, this department is not also can give the protection to the private
sector workers but also can fight for their rights. Other than that they also can be the
consultant for the private sector workers. This department has two main programs in
achieving their objectives which are; governing and enforce labour legislation and prepare for
local employment services.
The acts enforce by this department are actually created and enacted by the
department itself and adapted from the commonweal countries for example; Work Act 1955
and Workmen's Compensation Act 1952, The Anti-Human Trafficking & Smuggling of
Migrants 2007, Employment Act of Children & Youngsters 1966, Employment Information
Act 1953, Act (Restriction) 1968 and others. Through this acts, the department embrace the
protection of the private sector workers to the fullest in order to satisfy the humanity basis.



According talk from Mr. Rosandy from Department of Labour, every people that
work at any private company should be know their contract to avoid they deceived by private
company. Contract can be divided by two categories such as contract of service and contract
for service. Contract of service is any agreement either from writing or listening among the
workers and the manager of company. In generally, the manager of company can control and
remove the workers from the company. For example, Faiz have one company, he want to hire
Faatihah to work for him. If Faatihah agree and sign all the agreement to work in the
company, that mean she already in contract of service. In generally, contract for service mean
the agreement from one contractor to other contractor. This contract has less control of
characteristic from the manager of company. For example, Faiz want to widen their company.
So, he want find other contractor to build the new building. Ayu is a contractor that Faiz
choose to widen their company. However, Faiz cannot be control Ayu to determine any
workers and any equipment that used to finish the new building.
From the both of example, Ayu and Faatihah should be understand their contract to
avoid they deceived by Faiz. If Ayu and Faatihah deceived by Faiz, they can refer and solve
their problem at Department of Labour, Department of industrial relationship and civil court.
However, only one department they can be chosen to solve their problem. Department of
Labour will responsible more to compensation. For Department of Industrial Relationship
more to the workers that want reinstatement. So, Ayu and Faatihah can choose any
department to solve their problem.
All the private company workers should be understood their contract and their
agreement to make sure the workers easy to solve their future problem. The workers also
should know the act that involve at the three departments. Other than solve problem for any
private company workers, Department of Labour also help people to find job especially for
fresh graduate. Mr. Rosandy said, more than 50 000 fresh graduate already get job at


Work act is very important to employee for guide them truly. In Malaysia, work act
1955 is used to tell about the employment law. It becomes the rights and responsibility
employers to their employee. This act was applied to the private employers in this country. It
is very important because lot of law that contain salary, time rest, public holidays and others.
This act draft in year 1955 and has been amended almost entirely in 1998.
This act actually gives benefits to employee under this act. These act also covered
foreigner employees are valid in this country. If the contract not followed, the employee
under this act can make report and claims if the employers do not give them benefit are
contain in this act. This act protect employee that have salary below RM2000. This act means
employees are under Contract of Service and not Contract for Service. It contain of oral and
written contract.
There are several objectives that prepared for this act:i.

To ensure that employees are given their benefits.

Every employee can get their own benefits. This statement was stated in the work act.
For example female employees get maternity leave.


To ensure that employee are protected from persecution.

Lot of new talk about employer do persecution to their employee especially foreigner
maid. So, this act prepared for avoid this situation happen in this country. Employee
can get their right as an employee.


To give opportunities for employees to claim the benefit in an act that is not provided
by the employer.
This act was stated what benefit that employee will get from their employer. If the
employer not gives that benefit, employee can get opportunity to claim for it.


Charge those who fail to comply with labor laws.

This act also can charge those who not follow the rule stated. All the law for employer
and employee was stated and must followed to avoid bad situation.

It contains of employee under a contract which is their salary not exceed RM2000 per
month. It also relates with the operational motorize vehicle and keep other worker involve in
rough work. There are several scope of Work Act 1955 is stated as below:i.

Service contract must be in writing


Provision in writing


Avoiding thing in the contract


Termination of contract


Termination of notice


Termination of contract for special reasons


Breach of contract




Payment of salary


Deduction from salary


Due to the humanity all the workers should be in their best state of physical and
mental. This to ensure the work quality done by the employee is at best. Many countries have
its own acts in order to protect their citizens from being harm or slaved by their employers.
Each of the workers from different classes or rank is protected under various acts for their life
quality. In Malaysia, the women workers are protected by their employers due to the acts
created by the Labour Department to ensure that their safeties and health can be preserved.
All of their rights such as leaves, allowance for birth labours are also included in the acts.
Other than that, there are also special acts for the women in certain areas of work to protect
their rights from being violated. Other than that, the right of getting the leaves is also being
subjected to workers. For general, each worker can has at least a day of leave in a week. The
workers which workings with shifts are also have their own rights about leaves which may
different from the workers which are working in normal office hours. The working hours of
all the worker also being appointed by the department to ensure the workers can use the time
well for recovery before continuing the work. Paid public holidays, annual leaves and
medical leaves are also one of the workers rights which all the employers should take in
notice seriously. All of these rights should be given by the employers to the workers. These
rights are to ensure that all the workers can perform or commit any importance businesses
which are not related to their work. These rights are given due to the humanity rights of
getting and living in a better and high quality life instead of working throughout the year.
Other than that, these rights protect the workers in emergency cases such as severe sickness
from being fired or expelled from the organisations.


Termination of employment means when a service contract terminated due to several
factors such there could be excessive of employees. The employees which are subjected to
this termination have the rights to obtain the interest / compensation. At any reasons, the
employer is responsible to pay the interest / compensation to their employees. This could be
achieved by referring based on the stipulated conditions regarding on the issue in obtaining
the interest / compensation. Other than that, employees with terminated contract could claim
the interest / compensation except that workers who are belong to the circumstances which
are retirement age is reached, termination of contract due to misconduct and voluntarily
quitting the job. In case of the employees have the rights to obtain the interest /
compensation, certain amount are referred as guidance based on certain condition. The
service qualification is referred to settle the situation. The interests are paid in specific
requirements. The situation is meaningless if the employees have his or her service at the
company below than 12 months. The most important thing that employees should know is
they should also get the statement prepared by their employer which containing the details
regarding on the computation of the termination of employment interest / compensation.
In any cases where the employees facing any condition of dispute, they could make
any complaint to the responsible party. The complaint is basically addressed to the nearby
workforce office. There are two situations where the complaint is usually be made which are
cases of complaints and also labor cases. For the first situation, employees should not be
worried as there will be workforce officer will be sent to carry out a proper investigation
regarding to the complaints. The second situation where the labor cases involved, there are
usually claims be made towards the employer on behalf of the employees. Several issues are
referred to make the claims which are balance of the salary, salary in lieu of annual leave,
payment of the interests / compensation of employment termination and others. There are
further actions taken for the cases which cannot be solved through discussion where they will
be heard at the labor court regarding to the qualified employees as stipulated in the Akta
Kerja 1955.



All in all, employees should and must know the rights that they have as long as they
carry the employee title. Employees must know the existence of the contract between them
and their employer. They should know what types of contract that they deal with and how the
status of their contract. They should also know that the contract is an important document to
be emphasized its details. Besides that, there are several parties function as reference and
solving certain disputes which should be known by the employees. By following the right
procedures, employees rights could be upheld. Other than that, there should be an effort for
the employees to fully understand the contents of several acts which are related to their
working scope and environment in order to make their fate or situation is not be neglected in
case of any problems persists. Finally, this group should be very careful when they make their
first step in making them hold the title of employees and also they should know that there is
still the justice in any hard situation they face as long as they still perform any actions under
rules and regulations.