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Working without employment contract & taken advantage of

Emerald Teressa
Member
Thu, 21 May 2020 05:17:49 PM  (Last updated: Thu, 21 May 2020 05:33:41 PM)

Hello & good day,

I have a family member & a friend who work at this private healthcare provider for about 9 months (Salary less than RM 2000)

The employer did not give (and refuse to give) an employment contract.

Because of that, the employer would breach A LOT of the minimum requirement of the Employment Act like no annual leave, no sick leave, questionable OT calculations, questionable total work hours, etc. The only thing that the employer adheres to the act is probably giving a consistent salary & EPF contribution.

“Because we never have any written employment contract, I am not bound to the Act” – Said, employer.

Is there really no law to check such a scrupulous employer? I am surprised about how easy it is to take advantage of other people like this. Just don’t give employment contract (so I can avoid responsibility), do whatever I want and if the employee doesn’t like it, they can leave @.@

KL Siew
Administrator
Thu, 21 May 2020 05:33:41 PM

The employer is entirely wrong. He is bound to provide all the benefits under the Employment Act as porvided under Part 12 of the Act. It is an offence for him not to comply. If the employees have problems with it, they can bring the matter up with the Labour Department.