• CCS

Termination of Employment

Updated: Jun 27

Even though the employment contract or offer letter may say that either the employer or the employee may terminate the employment relationship at any time by providing notice to the other party, it is essential to note that the right to exercise this provision rests with the employee only.


The underlying rule of Malaysian labour law is that an employer cannot unilaterally terminate an employment contract by giving the employee one month's notice or a certain number of months' notice.


Suppose the employer cannot demonstrate that the termination is reasonable and justifiable. In that case, the company may eventually lose the case since this is something we have found to be the case in many instances heard before the Industrial Court.


即使雇佣合约 [Employment Contract] 又或者招聘信 [Offer Letter] 里面由注明,劳资双方可以通过给与对方通知 [Notice] 而终止雇佣合约。但是要注意的是,这项条款的行使权,只落在员工身上。


马来西亚的劳工法的潜在规则是,雇主是不能随意通过给与员工1个月,或某个月的通知,而单方面解除雇佣合约。


在工业法庭的审理案件中,我们也发现,除非雇主能够证明解除合约是合情合理的,否则一旦惹上官司,最终都是得作出赔偿。




Disclaimer

The following templates are offered solely for educational and informational reasons:


✅ Please note that, even though the material is helpful, there is no assurance that it is correct or complies with all applicable laws. Visitors from all around the world read this website, and each business is unique. Therefore, it is also recommended that you check with your lawyer or an HR consultant to ensure that your legal interpretation and decisions are appropriate for your current circumstances.


✅ Before disseminating the template to employees, it is strongly advised that the employer have it reviewed by an attorney beforehand, especially if the template itself is litigious, has potential legal implications, and has a personal impact on employees (e.g., security procedures).


✅ You must maintain open lines of communication with your legal counsel to obtain the attorney's assistance in analyzing the contents of the template in light of any potential legal ramifications.


免责声明

以下模板仅出于教育和提供信息的目的而提供: ✅ 请注意,即使这些材料是有帮助的,也不能保证其正确性或符合所有适用法律。来自世界各地的访问者阅读本网站,而每个企业都是独一无二的。因此,也建议你向你的律师或人力资源顾问查询,以确保你的法律解释和决定适合你目前的情况。

✅ 在向员工提供模板之前,强烈建议雇主事先让律师进行审查,尤其是如果该模板本身具有诉讼性质,有潜在的法律影响,并且对员工有个人影响(例如,安全程序)。 ✅ 你必须与你的法律顾问保持开放的沟通渠道,以获得律师的协助,根据任何潜在的法律影响来分析模板的内容。


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