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Contract of Employment - Termination -- NEEDED URGENT ADVISE

MSS
Member
Mon, 13 Jan 2014 01:06:18 PM  (Last updated: Mon, 13 Jan 2014 05:10:09 PM)

My Foreign workers has signed a five years contract of employment with us. 

In the contract it does not state any clause of termination of notice. Now one of the worker would like to tender his resignation after 2 years completion. What should I do? As according to the contract there is no clause on termination of notice, can I reject his resignation notice? 

Appreciate your advise. 

Thanks

mdkamil
Contributor
Mon, 13 Jan 2014 02:47:38 PM

Employment Act 1955 provides the minimum terms & conditions of employment that are to be adhered to by the Employers. In the case where contract of employment or letter of appointment does not stated certain terms & conditions of employment it is wise to refer to Employment Act 1955.

In the case of notice of termination, you can refer to Section 12 of the Employment Act 1955.

MSS
Member
Mon, 13 Jan 2014 03:54:11 PM
Originally posted by mdkamil on Mon, 13 Jan 2014 02:47:38 PM

Employment Act 1955 provides the minimum terms & conditions of employment that are to be adhered to by the Employers. In the case where contract of employment or letter of appointment does not stated certain terms & conditions of employment it is wise to refer to Employment Act 1955.

In the case of notice of termination, you can refer to Section 12 of the Employment Act 1955.

Hi,

Thanks. 

Just curious about one thing:-

1) they has signed for five (5) years contract. Which mean the duration of employment is stated in the contract. 

Should I still follow the employment Act 1955?

Thanks

mdkamil
Contributor
Mon, 13 Jan 2014 05:10:09 PM
In my personal opinion contracts are commonly to have an Exit Clause. Thus, in your case even though the duration is stated as 5 years there should be exit clause to terminate such contract before the stated duration.I would still advise to follow Employment Act if those workers are subjected under the Act.

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