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HR policy Vs Labour Laws

Thu, 16 Apr 2015 02:10:27 PM  (Last updated: Thu, 16 Apr 2015 02:32:32 PM)


Great to have found this forum. My wife and I are foreigners working in Johor.

When she signed her employment contract, we knew there were some things that were not quite right. However, the need for work meant that she had to take the job.

In the employment contract, it is stated that NO MATERNITY LEAVE is given during the period of employment. As such, we now have legitimate concerns as to whether she would be fired by her company for simply being pregnant. Is the contract legally binding and we no longer need to think of other courses of action?

Please advise.

Thank you.

KL Siew
Thu, 16 Apr 2015 02:29:37 PM

Section 43 of the Employment Act may give you the clarification:

"43. Any condition in a contract of service whereby a female employee relinquishes or is deemed to relinquish any right under this Part shall be void and of no effect and the right conferred under this Part shall be deemed to be substituted for such condition. "

However, be aware that the EA only covers non-manual employees with salary not more than RM2000. If the female employee's salary is more than RM2000, there could be problems in getting maternity benefit. So, consider carefully before signing the contract.

Thu, 16 Apr 2015 02:32:32 PM

Thank you for your reply.

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