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Temination and Annual leaves

cardss
Member
Tue, 14 Nov 2017 09:37:32 AM  (Last updated: Tue, 14 Nov 2017 04:49:18 PM)

Hello

Recently my contract has been terminated by my employer with a 30 days notice, i have a few questions regarding this

  1. My salary (written as fees in  the contract) is RM2000 with additional pay (if any) added to it depending on my performance/output of the previous month. Am i still covered under the Employment Act?
  2. The reason given for the termination is that i somehow breach a clause in the contract (administrative and behavior requirement) it states in a vague and broad statement that somehow my action is impacting the motivation and performances of the other employee. i was not given any prior warning verbal or written before this despite having worked there for 2+ years . Can this be considered an unfair dismissal?
  3. In the termination letter, it states that any balance of leave unutilized shall be forfeited, however going through the contract, there is nothing in it that states about the forfeiture of leaves upon termination. there is however a clause that states that the employee shall not be entitled to any additional pay in lieu of any outstanding leave entitlement . am i entitled to my remaining leaves to offset the notice period as not taking them would means i would forfeit the additional pay ?

Please advice on the best course of action for me to take , as i do not intend to continue working for the employer and wishes to take my remaining leave to offset the notice period

Thank You

KL Siew
Administrator
Tue, 14 Nov 2017 04:49:18 PM

I think section 60e(2a) of the Employment Act quoted below may be of some help. You should apply to take your leave balance. If they refuse to grant, they should pay for it.

"(2A) Notwithstanding subsection (2), upon the termination of an employee’s contract of service, the employee shall be entitled to take before such termination takes place the paid annual leave due to be taken in the year in which the termination takes place in respect of the twelve months of service preceding the year in which the termination takes place, and, in addition, the leave accrued in respect of the completed months of service during the year in which the termination takes place.