CONFIDENTIAL BA/FEB 2023/HRM581

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE MALAYSIAN EMPLOYMENT LAW

COURSE CODE HRM581
EXAMINATION FEBRUARY 2023
TIME 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of five (5) questions.

2. Answer ALL questions in the Answer Booklet. Start each answer on a new page.

3. Do not bring any material into the examination room unless permission is given by the
invigilator.

Please check to make sure that this examination pack consists of:

i) the Question Paper

ii) an Answer Booklet - provided by the Faculty

5. Answer ALL questions in English.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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QUESTION 1

a) Explain the employment contract for a temporary and permanent employee.

(4 marks)

b) Salim is working as a barista at Harmony's Cafe in Kelantan. According to his employer,

since the cafe open every day, thus he is required to work every day from 3 p.m. until 11
p.m. Examine Salim's rights for a paid rest day.
(5 marks)

c) Discuss employees' rights for paid public holidays in East and West Malaysia.
(5 marks)

d) Describe an employer's rights to suspend an employee from work.

(4 marks)

e) Explain the legal duties of employers in the private sector employing Malaysian
employees under the Employees Provident Fund Act 1994.
(4 marks)

QUESTION 2

Aminah is about to give birth to her third child. Her due date is next month. She is under a
probationary period as she started work 1 month ago with DNG Bhd in Labuan. She is earning
RM2.000 per month as an accounts clerk. The employer informed her that she is entitled to
30 days of maternity leave with half pay because she is still under probation. Her employment
contract also stated the company will pay each employee a half-month bonus yearly

a) Describe two (2) implied duties of DNG Bhd towards Aminah.

(4 marks)

b) Justify if Aminah is under the scope of the Employment Act 1955 or Sabah Labour
Ordinance or Sarawak Labour Ordinance.
(3 marks)

c) Examine Aminah's right to paid annual leave and sick leave during her probation.
(5 marks)

d) Examine Aminah's right to maternity leave and allowance.

(5 marks)

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e) Illustrate actions that could be taken by Aminah if the employer did not provide a bonus
as stated in the contract.
(6 marks)

QUESTION 3

Chandra works for Syarikat Megah Logistics Sdn. Bhd. in Kota Kinabalu as a driver. He joined
the company in 2020. His salary is RM3.000 per month, including allowances. According to
his employment contract, he is entitled to one rest day per week, 14 days of annual leave per
year and 15 days of sick leave per year. However, on his rest day and public holiday, he
always being asked to work. He is upset with his employment.

a) Justify if Chandra is under the scope of the Employment Act 1955 or Sabah Labour
Ordinance or Sarawak Labour Ordinance.
(2 marks)

b) Examine the employer's right in taking disciplinary action if Chandra refuses to work on
his rest day and public holiday.
(5 marks)

c) Chandra's license was suspended by the authority because he was caught in an accident
that caused one person dies because of his carelessness. Determine the effect of this
incident towards Chandra's contract of employment.
(4 marks)

QUESTION 4

a) Explain employees' legal duties under the Occupational Safety and Health, 1994.
(4 marks)

b) Explain the restrictions on working hours for employment of young persons under the
Children and Young Persons (Employment) Act, 1966.
(4 marks)

c) Distinguish the purposes of various legislation related to the social security system in
Malaysia.
(3 marks)

d) Examine termination on the grounds of constructive dismissal.

(6 marks)

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QUESTION 5

a) Explain three (3) characteristics of an ideal employment contract.

(6 marks)

b) Daniel owns a palm oil plantation in Johor. Determine his obligations under the
Employment Act 1955 as an employer if, Daniel wants to employ foreign workers.
(6 marks)

c) Asmah is working at VBA Sdn. Bhd. as a machine operator. Her salary is RM1500 per
month. Her normal working hours are from 9 a.m. to 5 p.m. However, in April 2022, due
to high customer demand, she is required to work from 9 a.m. to 6 p.m. from Monday to
Friday. Besides, she is also required to work 2 rest days from 9 a.m. to 6 p.m. Calculate
the total salary that the company has to pay Asmah for April 2022.
(8 marks)

d) Mandy is 30 years old Malaysian, employed as a Sales Executive in AMD Precision (M)
Sdn Bhd in Negeri Sembilan. The company is a manufacturer of semiconductors. Her
basic salary is RM2300 per month. The factory operates 7 days per week. Therefore,
Mandy sometimes is required to work on her rest day and public holiday. According to
the company policy, an executive employee like Mandy will be paid an RM50 allowance
per day for working on the rest day and public holidays. Explain her rights for rates of pay
for working on rest days and public holidays.
(7 marks)

END OF QUESTION PAPER

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