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Pregnancy - Contract Validity, Termination and Pregnancy

sam hf
Member
Fri, 22 Aug 2014 12:35:48 AM  (Last updated: Fri, 22 Aug 2014 03:10:55 PM)
Hi, Last month I receive an offer letter which I has signed its acceptance. Part of the letter states :- Contract period : Date A to Date B (in total 3 months) - Probation period : 3 months -Notice period (can be initiated by both employee or employer) : 1 day. Date A is my 1st day report to work. Date B is 3 months after Date A. I asked about why they state "contract period" since they claim they are taking in permanent staff for the post.Company tells me that they will make me a permanent staff after a successful probation period and the contract period is just for formality and reference. Somehow, I found out that I am pregnant for a month after signing the offer letter. Question :1) Should I tell my employer or not about this? I'm have no health issue with my pregnancy and can work normally. My employer has no idea about this situation at the moment. 2) For what I heard (but no written proof ) some of the previous employees contract was not renewed or continued or terminated because of this. Meaning, contract lapse (and not renewed or possibly terminated) before the maternity leave can be taken. Is this legal in Malaysia? 3) If the employer is not happy that I am pregnant, can my employer legally not continue with the employment after contract period lapse based on the offer letter i signed? If yes, is it compulsory or NOT, for them to give short notice to me mentioning the contract is almost ending and they decided not to continue with new contract/renewal? 4) If assuming they wanted to end the contract or terminate my service immediately They issue me a 1-day termination notice letter without a reason. Eventhough it is stated in the letter, but is termination without reason during probation allowed or legal in Malaysian employment law? 5) Just for general knowledge, can employer put clauses in the offer letter like 'employee is not allowed to be pregnant during serving the company' ?Thank you!
KL Siew
Administrator
Fri, 22 Aug 2014 10:40:30 AM

Section 11 of the Employment Act may give you some info about termination of fixed term contract quoted below:

11. Provision as to termination of contracts.

(1) A contract of service for a specified period of time or for the performance of a specified piece of work shall, unless otherwise terminated in accordance with this Part, terminate when the period of time for which such contract was made has expired or when the piece of work specified in such contract has been completed.

sam hf
Member
Fri, 22 Aug 2014 12:08:59 PM
Does this mean the employer can terminate the contract once the period lapse?
KL Siew
Administrator
Fri, 22 Aug 2014 03:10:55 PM

That's what it says.

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