Reading interesting story books might be the interests of many, but when coming to reading of Law Books........ can guarantee that not many likes it!! Don't worry, I don't like it too, especially the books on 'Act'. But no matter what, we all need to know our rights as an employee. This is to prevent youself from being discriminated, victimised, intimidated, abused, exploited or sexual harassed!!!
Recently, I've read an interesting article in the Malaysian Industrial Relations & Employment Law, 3rd Edition by Maimunah Aminuddin, which I believe that many would be interested to know. I am extracting the important points for all your easy readings, but if you would like to read more, you can go to page 230 onwards.
Right to Hire and Fire
For centuries, it was considered the absolute right of an employer to choose whom to recruit and whom to dismiss.
However, in the 20th century, the right of the employer to hire and fire as he pleases has become more and more restricted.
Compared with the right to hire, the right of the Malaysian employer to dismiss employees is very restricted. Many employers seem to be totally unaware that they no longer have the absolute right to terminate the services of an employee.
An interesting case was described in Award No. 279 of 1988 in which an express bus company was ordered to reinstate 17 drivers and conductors who had been dismissed for picketing. The company's chairman of the Board of Directors, on visiting the company and finding the workers picketing, gave the workers termination letters on the same day. At the Court hearing, the company chairman appeared to view picketing as an offence. The Court made it clear that workers cannot be summarily dismissed (i.e without an inquiry) and they certainly cannot be dismissed for carrying out peaceful and legal activities.
Recently, I've read an interesting article in the Malaysian Industrial Relations & Employment Law, 3rd Edition by Maimunah Aminuddin, which I believe that many would be interested to know. I am extracting the important points for all your easy readings, but if you would like to read more, you can go to page 230 onwards.
Right to Hire and Fire
For centuries, it was considered the absolute right of an employer to choose whom to recruit and whom to dismiss.
However, in the 20th century, the right of the employer to hire and fire as he pleases has become more and more restricted.
Compared with the right to hire, the right of the Malaysian employer to dismiss employees is very restricted. Many employers seem to be totally unaware that they no longer have the absolute right to terminate the services of an employee.
An interesting case was described in Award No. 279 of 1988 in which an express bus company was ordered to reinstate 17 drivers and conductors who had been dismissed for picketing. The company's chairman of the Board of Directors, on visiting the company and finding the workers picketing, gave the workers termination letters on the same day. At the Court hearing, the company chairman appeared to view picketing as an offence. The Court made it clear that workers cannot be summarily dismissed (i.e without an inquiry) and they certainly cannot be dismissed for carrying out peaceful and legal activities.
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