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Contract Of Employment

Sarra
Member
Tue, 08 Sep 2015 11:16:58 AM  (Last updated: Wed, 09 Sep 2015 11:49:34 AM)

Hi. I am contract employee in one establish company for 3 years. every years my contract keep renew.This year is my 3 rd year. i started working on august 2012. My 3 rd contract will ended on 16 September. But on 17 August my boss tell me that, they cant renew my contract due to company business going down. They have to reduce head count. They just tell me verbally without any written notice. What makes me feel that this is the unfair treat is that, management convert other contract staff to permanent staff only 1 years after and terminate me( Not renew my contract or else not even renew my contract). i am the only one who they terminate my service. after 3 years!. they also hired new employee. This is unfair. I am the only one who they terminate my contract.

some of the other staff that only works for 2 years, they have nicely convert them permanent with increment salary. I have do my best towards my works. i have no discipline issue. What should i do? I want justice.

KL Siew
Administrator
Tue, 08 Sep 2015 12:16:34 PM

As stated in section 11 of the Employment Act, a fixed term contract ends on the expiry of the contract. In your case it expires on 16 September as you said. If they don't want to renew, I don't think there is nothing much you can do about.

11. (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.

You can consult the Labour Department if still in doubt.


 

SuharinKL
Contributor
Wed, 09 Sep 2015 09:27:04 AM
Originally posted by Sarra on Wed, 09 Sep 2015 11:49:34 AM

Hi. I am contract employee in one establish company for 3 years. every years my contract keep renew.This year is my 3 rd year. i started working on august 2012. My 3 rd contract will ended on 16 September. But on 17 August my boss tell me that, they cant renew my contract due to company business going down. They have to reduce head count. They just tell me verbally without any written notice. What makes me feel that this is the unfair treat is that, management convert other contract staff to permanent staff only 1 years after and terminate me( Not renew my contract or else not even renew my contract). i am the only one who they terminate my service. after 3 years!. they also hired new employee. This is unfair. I am the only one who they terminate my contract.

some of the other staff that only works for 2 years, they have nicely convert them permanent with increment salary. I have do my best towards my works. i have no discipline issue. What should i do? I want justice.

Hye there,There are cases where Industrial Court decided that an employee may be regarded as a permanent employee if his/her contract being renewed consistently, receiving similar benefit as other permanent employee etc.As such, in that situation, non renewal of fixed term contract of employment can be regarded as termination and further if the Court found any ulterior motive of the company in not renewing the contract, the Court may regard it as unlawful termination and may award u compensation.U need to lodge a complaint at the IR Department (not labour office) for unlawful dismissal within 60 days from the date u were dismissed ie the last day of your employment.Hope this clarify further your query.Regards,suharinsulaiman@gmail.com
Sarra
Member
Wed, 09 Sep 2015 10:31:36 AM
Originally posted by SuharinKL on Wed, 09 Sep 2015 09:27:04 AM
Hye there,There are cases where Industrial Court decided that an employee may be regarded as a permanent employee if his/her contract being renewed consistently, receiving similar benefit as other permanent employee etc.As such, in that situation, non renewal of fixed term contract of employment can be regarded as termination and further if the Court found any ulterior motive of the company in not renewing the contract, the Court may regard it as unlawful termination and may award u compensation.U need to lodge a complaint at the IR Department (not labour office) for unlawful dismissal within 60 days from the date u were dismissed ie the last day of your employment.Hope this clarify further your query.Regards,suharinsulaiman@gmail.com

Dear Suharin,

Thank you for your explanation. If you could help me, can you give me act or law that i can refer to? As i plan to talk to management before proceed to IR department. If management cant tolerate with me and wont pay me any compensation due this termination then i will submit my report to IR Department. Besides that, in my contract also stated that if any termination of service, company should give 1 month in written notice or 1 month compensation. But until now, i haven't received any written letter from my company. Really appreciate your kind advice.

SuharinKL
Contributor
Wed, 09 Sep 2015 10:38:46 AM
Originally posted by Sarra on Wed, 09 Sep 2015 10:31:36 AM

Dear Suharin,

Thank you for your explanation. If you could help me, can you give me act or law that i can refer to? As i plan to talk to management before proceed to IR department. If management cant tolerate with me and wont pay me any compensation due this termination then i will submit my report to IR Department. Besides that, in my contract also stated that if any termination of service, company should give 1 month in written notice or 1 month compensation. But until now, i haven't received any written letter from my company. Really appreciate your kind advice.

Sure i can provide u the relevant and the applicable laws. But can u email me directly as it would be easier for me to give u the copy of it. Thanks.Regards,suharinsulaiman@gmail.com
Sarra
Member
Wed, 09 Sep 2015 10:52:45 AM
Originally posted by SuharinKL on Wed, 09 Sep 2015 10:38:46 AM
Sure i can provide u the relevant and the applicable laws. But can u email me directly as it would be easier for me to give u the copy of it. Thanks.Regards,suharinsulaiman@gmail.com

Thanks. already email to you personal mail. appreciate your help.

KL Siew
Administrator
Wed, 09 Sep 2015 11:33:46 AM

For more info about the matter under discussion, I further provide a link for the benefit and interest of our readers:

http://mcca.com.my/flyer/Juanita%20Chua_The%20Law%20on%20Fixed%20Term%20Contract_MCCA.pdf

and

http://www.kehakiman.gov.my/directory/judgment/file/Thangasamy%20Brown.pdf


 

Sarra
Member
Wed, 09 Sep 2015 11:49:34 AM

Thanks a lot for this.

I have go thru this. now more confident to face management with this proof and evidance.

Thanks so mucH!

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