DISMISSAL

CONTRACT OF SERVICE i. Termination of employee on grounds of conflict of MISCONDUCT

interest
• Any agreement whether express or implied where employer agrees to • Employee breaks company rule &
ii. Act of employer to terminate contract of service
employ and employee agrees to be employed. behave improperly
unilaterally
• For example, factory employees, office clerical staff. • Employee may be dismissed without
• Employee’s worker compensation is to be provided by the employer. REINSTATEMENT notice after due inquiry
• Employees are entitled to a set of annual and medical leaves. • Dismissed without just cause/excuse
1. EXAMPLE
CONTRACT FOR SERVICE 1. PROCEDURE: • Absence without excuse
• Any agreement whereby a person is engaged as an independent • Apply for reinstatement • Poor performance of work
contractor.  In written representation
• For example, tailor and house builder.  Within 60 days of the dismissal
2. PROCEDURE
• Required to provide their worker compensation through private  To the Director General Of Industrial Relations
1. Notice will be given & he will be
insurance. Department asked to reply within reasonable time
• An independent contractor has their own set of annual and medical 2. If not, employer will conduct
leaves. • Provide letter domestic inquiry (HR will calling
 The name, identify number and address and telephone witness, presenting CCTV evidence)
contact 3. Management will made final
DUTIES OF EMPLOYER decisions:
1. Provide work to employee according to contract of employment  The name, address and telephone number of the
employee’s former company  Dismiss employee without notice
• Employer cannot force his employee to work overtime UNLESS
 Occupation  Downgrade employee
 If there is an accident in work place
 Date of appointment  Imposes punishment/warning
 There is an urgent work to be done on machinery and plant
 Date of dismissal
2. Observe Health And Safety Regulation  Reasons for dismissal REMEDIES OF EMPLOYEE
• Employer legally obliged to  Attach copies of others supporting documents such as IF DISMISSED WITHOUT
 Bear medical examination fee if employee has worked for him for letter of appointment and termination letter.
NOTICE
more than one year i. Reinstatement
 Provide workplace that are free from serious hazard 2. CASES
Fung Keong Rubber Manufacturing v. Lee Eng Kiat & Ors ii. Order compensation
iii. Unemployment
3. Give employee rights to correct information
ANNUAL LEAVE
• Any information under his contract
i. < 2 years : 8 days TEST CONTRACT OF
4. Owe each other a duty
ii. 2 years > 5 years : 12 days SERVICE
iii. > 5 years : 16 days i. Control test
• “Mutual trust and confidence": Must show respect for each other
ii. Organizational test
SICK LEAVE iii. Multiple test
DUTIES OF EMPLOYEE i. < 2 years : 14 days
1. Perform in person to the work specified in his contract of ii. 2 years > 5 years : 18 days
employment
RIGHT OF EMPLOYEE
iii. > 5 years 22 days
2. Report for work always in fit mental & physical condition BEFORE DISMISSED
3. Handle with care tool entrusted to him for work NOTICE OF TERMINATION i. Right to be heard
4. Follow instruction given by employer based on terms of contract and i. < 2 years : 4 weeks ii. Right to represented
work rules ii. 2 years > 5 years : 6 weeks iii. Right to be given prior notice
iii. > 5 years : 8 weeks iv. Right to be tender all evidence