Human Resource Organisation

Takeaways: Employment Contract Tips

Takeaways is an Training Art by IK exclusive series where we give you some quick tips gleaned from our training programmes. The series aims to give you some useful tips and a taste of what some of our training programs can provide you.

Today’s takeaway are some tips for Employment Contracts:

When is an employee contract frustrated?

An employment contract can be considered to be frustrated, leading to the employee being terminated when the employee has no way to return to work due to a criminal conviction or being held in police custody for an unknown period of time. This can also apply if an employee contracts a terminal disease that results in them being unable to carry out their duties. Many large organizations list out known terminal illnesses in their employee contract.


How to deal with a problem employee?

The most important step to take with dealing with a problem employee (assuming it’s not already major offence such as assault in the workplace) is to conduct a Domestic Inquiry (DI) and keep a clear and comprehensive paper trail of the employee’s conduct or performance. In doing so, your company will have paper records of everything that relates to the problem employee if your termination of them is challenged in the industrial tribunal.


Who qualifies as a manual labourer?

Organizations often forget that workers considered to manual labourers have added protections under the Malaysian employment act. This is especially true if they have mis-categorized employees as something else other than manual labourers. The best way to identify if someone is considered one is to ask the following questions:

  • Were they hired to do manual work that requires the use of their limbs for 80% of their job scope?
  • Are their tasks repetitive?
  • Are their tasts determined and issued to them on a daily basis?
  • Do they not require a desk, writing implements, or a PC to carry out their work?

If you answered yes to most of these points, then these individuals are considered manual labourers and are qualified for greater protections and benefits under the law.

Interested to know more about Employee Contracts besides these few takeaway tips? Contact for our training catalogue today!

Live Chat