The provision in the Act will take precedence over a particular contractual term that is less favourable. A contract of service is an agreement whereby one person agrees to employ another as an employee and the other agrees to serve his/her employer as an employee. The employer would need to contribute EPF and comply with relevant statutory benefits such as annual leave, sick leave and et cetera for its employees engaged under a contract of service. In Scott & English, they are practice the Employment Act law.
Any person who has entered into a contract of service or of apprenticeship with an employer, whether by way of manual labour or otherwise, whether the contract is express or omplied or is oral or in writing, whether remuneration is calculated by tuime or by work done and whether by the day, week, month or any longer period is (with a few exceptions) a “workman” (section 2(1)) and consequently entitled to the benefits of the Workman’s Compensation Act. To every new employee, they given an offer letter after successful in interview session.
This offer letter encloses the contract of service which following details are written in the contract:- a) Name of employee & National Registration Identification Card (NIRC) No b) Occupation or appointment c) Wage rates (excluding other allowance) d) Other allowances payable and rates e) Other benefits (including approved amenities and service) f) Agreed normal haours of work per day g) Rates for overtime work h) Agreed period of notice of termination of employment or wages in lieu i) j) Number of days of entitlement to holidays and annual leave with pay Duration of wage period
He/she is not an employee within the definition in the Employment Act. A contract for service is an agreement whereby a person is engaged as an independent contractor, such as a self-employed person or vendor engaged for a fee to carry out an assignment or a project for the company. Under such a work arrangement, there is no employer-employee relationship, and the employee is not covered by the Employment Act. In this organization, they would open the tender to cleaning and security service. Contractors that succeed get tender would be supplying their employee here.
No working relationship between both parties that are involved. Employee only bound with employers that appoint them not with Scott & English. After contractors succeed, their contract will be setting on period for duty implementation that was sealed, such as date and period to carry said works. Payment would be made after works began by contractors. Nura company service has been appointed to carry out cleaning works in office they while SG on the other hand appointed to keep security system in this firm in Kuantan. 3. 0
It usually relates to an employee’s conduct during working hours. There are varying degrees of misconduct, ranging from minor misconduct or serious (gross) misconduct. The relevance of misconduct is that an employer may, in certain circumstances after following appropriate procedures, dismiss an employee because of misconduct. Once an employee has one year’s continuous service he has protection from being unfairly dismissed. The misconduct of an employee, however, is a potentially fair reason for dismissing an individual, subject also to the employer arrying out the dismissal in a fair manner. Scott & English has the power predetermined rule forms that imposed on the workers in his organization. Usually employer will make various regulations, method and work ethics at workplace to the workers so that management and organisational administration go well. Employee compliance on displin and work ethic at workplace also facilitates employer achieve organizational goal. When occur infringement on rule, method or ethic that fixed, organisation should take course of action against the employee.
Section 14((I) AK allocate generally that they could take action displin on the employee which made criminal offence. Acts treated as misconduct: a) Disobedience b) Theft & fraud c) Willful damage or loss of employer’s goods d) Habitual absence e) Habitual late attendance f) Drunkness & fighting g) Sleeping during working hour h) Smoking in prohibited area i) j) Failure to follow safety rules Sexual harassment Misconduct is one of the grounds recognized by law that may give reason for the dismissal of an employee. The law promotes the principle of progressive displine.
This means there should be efforts by the employer to correct employee’s behavior by means of displinary actions. An example will be the issuing of advice and correction of minor problems on the part of an employee, and written warning for consistent misconduct followed by final written warning for persistent misconduct. Dismissal should also set out clear displinary rules that stipulate how employees should behave at work. All employees should be informed about these rules, through induction, notice board and meeting.
Repeated offences could constitute grounds to justify a dismissal. On the other hand, dismissal for a first offence may be appropriate if an employee has committed a serious offence, which makes his/her employment intolerable and this has broken the thrust relationship. 4. 0 RECOMMENDATIONS It is important that employers have a set of disciplinary rules and procedures which set out standards of conduct at work. Otherwise an employee may not know what is expected of him, also it may hamper an employer from taking steps to discipline (or punish) the employee.
Most employers will either have a disciplinary procedure policy or provision in their contracts of employment explaining what will not be acceptable behaviour. In some industries there may be an emphasis on certain characteristics, for example what may be viewed as unacceptable behaviour for a police officer may not be misconduct for those in other careers. However, it should be noted that gross misconduct does not mean that the employee can be dismissed on the spot; there is still an obligation for the employer to investigate allegations and carry out any dismissal in accordance with a fair procedure.
To ensure that disciplinary rules operate effectively, it is advisable for employers to ensure that the workforce is not just aware of the rules but if possible is involved in the making of the rules. Employees should be made aware, either in their contract of employment or in disciplinary procedures what are the likely consequences if they break the guidelines the company has laid down in relation to their conduct. What should an employer do if he suspects an employee of misconduct? The employer must investigate the matter fully (speak to witnesses, collect documentary evidence etc).
The employer must also give the employee an opportunity to explain himself. The employee should sufficiently know what the case and evidence is against him before any hearing. Prior warning of the hearing date and that the disciplinary action is under consideration. Give the employee the opportunity to call witnesses. Inform the individual he has the right to be accompanied by a colleague (or a trade union official). Inform the employee he has the right of an appeal. What if an employee is charged with a criminal offence?
The employer does not have to wait for the outcome of police investigations or criminal trial. The employer should hold its own investigation into the matter. The employee’s rights to have this matter investigated by his employer and to present his side of the story remain regardless of the fact that he is charged by the police. The type of disciplinary action that is taken will depend on the employer’s disciplinary procedures and the circumstances surrounding the misconduct. The employer will have to follow its written guidelines regarding certain types of misconduct.
If historically an employer has always been lenient on a particular matter an Employment Tribunal is likely to find the employer has acted unreasonably and unfairly dismissed an individual if it suddenly decides to invoke its disciplinary procedures in disciplining individuals without warning. Usually employers will decide to issue a first warning orally. This is appropriate if it is a minor infringement that cannot be dealt with on an informal basis. The employee should be told that this is the first step in the disciplinary procedure and why he is receiving the warning.
At this point he should also be informed of his right of appeal against the decision. Although oral warnings will be kept on an employee’s personnel file, they should be disregarded for further disciplinary purposes after a specific period of time. If an employer regards an infringement as being more serious then the employee should be given a formal written warning. Again an employee should be given details of the reason for the warning as well as what is required from the individual in the future and the allotted time scale for improvement.
Employees should have a right of appeal. Employees also must be warned what penalty there will be if after the allotted time the employer does think there has been a satisfactory improvement. The written warning should also be kept on the employee’s personnel file but cannot be considered for disciplinary procedures after a specific period of time. A final written warning is appropriate if there has been a failure to either improve or change conduct while the earlier warning is still ‘live’.
This type of warning can also be used if there is a one-off occurrence of misconduct that is deemed by the employer to be sufficiently serious. As always the final written warning should provide details of the misconduct, warn that failure to rectify the situation may lead to dismissal or some other disciplinary action which is short of dismissal (which is explained below). Again employees must be told of their right to appeal. The written warning can only remain live for a specified period of time after which point it must be disregarded, no matter how serious the misconduct.
Disciplinary action short of dismissal may include a transfer, demotion, loss of seniority, suspension without pay or loss of increment. An employer cannot take these sanctions unless there is a specific provision in the employee’s contract. If an employer decides to dismiss (either because of gross misconduct or failure to rectify behaviour following a final written warning) the employee should be informed as soon as possible of the decision, as well as the reasons for the dismissal.
Hiring the wrong employee is expensive, costly to the work environment, and time consuming. Hiring the right employee, on the other hand, pays you back in employee productivity, a successful employment relationship, and a positive impact on the total work environment. Hiring the right employee enhances the work culture and pays back a thousand times over in high employee morale, positive forward thinking planning, and accomplishing challenging goals.
The response writing should be a minimum of two paragraphs in length. In the first paragraph, students will discuss something (an idea or concept) that they agree with or disagree with in the reading for the week and why. In the second paragraph students will discuss something (an idea or concept) that they agree with or disagree with in class for that week and give reasons why. Students can write more if desired, but should be sure to address . Two short paragraphs. you can write the 2 paragraph in the slides