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Contract Staff (Fixed Term Contract)

Meggy Yong
Member
Tue, 28 Mar 2017 05:39:48 PM  (Last updated: Thu, 30 Mar 2017 09:13:30 AM)

Dear admin,

My company has a Contract Staff, a Construction Site Clerk basing on a Fixed Term basis as follow our Project Duration.  Our employment letter stated as follow:-

1.         DATE OF COMMENCEMENT OF EMPLOYMENT

The date of commencement of your employment shall be 7th December 2016.  This employment shall be on contract basis for Two (2) years commencing from the date of your reporting for duty for Cadangan Membina Dan Menyiapkan xxxxx Project.  Being such this employment contract shall cease if the project is suspended or terminated or completed before the expiry of duration of employment, whichever is earlier, without any additional liabilities on either parties.  However, your employment contract maybe extended on the jurisdiction of the company upon the expiry date.  

Therefore, our concern now is being such Contract Employment,

1) Is the staff entitled for all company benefits as same treat to Permanent Staff?

a) Annual Leave, Medical Leave, 

b) Dental & Vision Subsidy

c) Hospitalization & Surgery Insurance

d) Company Trip & Etc

FYI! The staff has probation period and has pass the probation period with a confirmed letter.

We are in doubt is he/she eligible for the full benefits or not.  Looking forward to you soonest reply.

KL Siew
Administrator
Wed, 29 Mar 2017 04:04:45 PM

If that employee's salary is not more than RM2000, he will be entitled all benefits under the Employment Act. If he does not come under the Employment Act, then all the benefits as mentioned by you should best be stated in the contract. Of course, the company will contribute in EPF and SOCSO.

Meggy Yong
Member
Thu, 30 Mar 2017 09:13:29 AM
Originally posted by KL Siew on Wed, 29 Mar 2017 04:04:45 PM

If that employee's salary is not more than RM2000, he will be entitled all benefits under the Employment Act. If he does not come under the Employment Act, then all the benefits as mentioned by you should best be stated in the contract. Of course, the company will contribute in EPF and SOCSO.

Dear Siew,

"If he does not come under the Employment Act, then all the benefits as mentioned by you should best be stated in the contract." - It's mean salary above RM2000? 

What If company has an Employee Handbook content company policies, benefits , it's supersede any prior handbook include employment contract?

Lastly, what about part-time staffs? Do they eligible for company benefits too? Our company do contribute in EPF & Sosco for them.

Looking forward to hear from you.  Thank you!

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