Updated: Dec 18, 2022
The relevant section in the Employment Act 1955 that deals with absenteeism are section 15(2).
“An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence.”
Abandonment of Contract
Job abandonment occurs when an employee does not report to work as scheduled and has no intention of returning to the job but does not notify the employer of their intention to quit.
The ideal actions to be taken by the employer are:
to ensure that all requirements are satisfied.
issue a show cause letter
wait for the reply from the employee
if no reply is forthcoming, then proceed against the employee for abandonment of the contract
Most employment contracts will have a “notice period”, whereby either employer or employee may terminate the employment contract by providing the specified notice (or by making payment in lieu of that notice).
Notwithstanding the notice period set out in the employment contract, if the employee fails to turn up for work, the employer is entitled to claim a sum of money from the employee equal to the wages he or she would have received during the notice period.
It is referred to as a "payment in lieu of notice" or an "indemnity" for the notice period.
The Labour Court and the Civil Court are the two places in which an employer can demand payment in lieu of notice from an employee who has breached their terms of employment.
This is dependent upon how much the employee is paid on a monthly basis:
Does not exceed RM 5,000 - Labor Court (Note: 1); and
Exceed RM 5,000 - Civil Action in Civil Court
* Section 69(2)(iii) / 69C(1) of the Employment Act 1955
* Section 7A(2)(c) / 7D (1) of the Labour Ordinance Sabah
* Section 8A(2)(c) / 8D (1) of the Labour Ordinance Sarawak
If the employee resigns without giving proper notice or fails to serve out the notice period, the wages are to be paid within 3 days of the last working day.
According to the terms of Employee A's employment contract, he has the right to terminate his employment at any time by submitting a notice period of one month or by making a payment in lieu of notice.
On May 31st, 2022, Employee A formally submits his resignation.
As a result of the terms of his employment, he is contractually compelled to serve notice until June 30th 2022.
However, after handing in his resignation, he does not show up for work.
Let's imagine that Employee A is paid RM 4,000 per month.
Because Employee A did not serve his one month notice, he is obligated to make a payment to his employer in lieu of that notice (i.e., RM 4,000 representing 1 month of his salary).
If Employee A fails to pay the amount of RM4000 in lieu of notice, his employer can seek assistance from the Labour Department or file a lawsuit in the civil court.
尽管雇佣合约中规定了通知期，但如果雇员没有去上班，雇主有权向雇员要求一笔相当于其在通知期内应得工资的款项。一般被称为 "代通知金 "或通知期的 "补偿金"。
不超过 5000令吉 -- 通过劳工法庭（注：1）；和
超过 5,000 令吉 -- 通过民事法庭提出民事诉讼。
* 1955年劳工法令第69(2)(iii) / 69C(1)条
* 沙巴劳工法第7A(2)(c) / 7D(1)条
* 砂拉越劳第8A(2)(c) / 8D(1)条。
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3. Administration of wages
Definition of Wages
Ordinary Rate of Pay
Payment and Wages
Unpaid Leave Calculation
Incomplete Month Wages Calculation
4. Maternity Protection
5. Hours of Work
6. Rest Day
7. Public Holidays
8. Annual Leave
9. Sick Leave
10. Part-Time Employees
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1. Minor Misconduct vs Major Misconduct
2. Termination procedures on misconduct
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Mutual Separation Scheme
Voluntarily Separation Scheme
Termination for Poor Performance
Frustration of Contract
Deemed to have broken the Contract
4. Disciplinary Process
5. Probationary Rights and Obligations
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