Assigmnt Maths For Mgmt

Topics: Employment, Contract, Working time Pages: 15 (2769 words) Published: December 2, 2014


FACULTY OF BUSINESS AND MANAGEMENT

SEMESTER: SEPTEMBER 2013

BBUI3103
EMPLOYMENT AND INDUSTRIAL LAW

MATRICULATION NO: 740301045514001
IDENTITY CARD NO.: 740301045514
TELEPHONE NO.: 014-7295539
E-MAIL : anizah@gmi.edu.my
LEARNING CENTRE: BANGI LEARNING CENTRE

TABLE OF CONTENT
Page
1.INTRODUCTION

1.1 Definition of Employer 2
1.2Definition of Employer 2

2.CONTRACT FOR SERVICE4

3.CONTRACT OF SERVICE4

4. DIFFERENCES BETWEEN CONTRACT OF SERVICE 6
AND CONTRACT FOR SERVICES
5.TESTS FOR DETERMINING EMPLOYER-EMPLOYEE
RELATIONS
5.1 Control Test7
5.2 Organizational Test8
5.3 Multiple Test/Mixed Test8
5.4 Mutuality Obligation Test10

6.SUGGESTION TO AMEND CURRENT LEGISLATIONS 11
REGARDING EMPLOYMENT RELATION

7.SUGGESTION TO AMEND CURRENT LEGISLATIONS 13

1.INTRODUCTION

1.1 Employer
The definition of employer according to Employment Act 1955 is as follows: Definition
s.2 (1) of Employment Act 1955
Any person who has entered in to a contract of services to employ any other person as an employee and this includes the agent, manager or representative.

Definition
s.2 (1) of Industrial Relation Act 1967
Any person or body of persons, whether corporate or incorporate, who employs a workman under a contract of employment and includes the government and any statutory authority unless otherwise stated expressly in this Act.

1.2Employee
The definition of employee according to Employment Act 1955 is as follows:  Definition
s.2 (1) of Employment Act 1955
Any person or class of persons:
Included in any category in the First Schedule; or
In respect of whom the Minister of Human Resources makes an order under subsection (3) or section 2A.

The First Schedule of EA 1955
The First Schedule of EA 1955 classifies employees into two categories. For the first category, the employees are classified based on the wages they receive i.e. not exceeding RM2,000 a month (Employment (Amendment of First Schedule) Order 2012).

As for the second category, the employees are classified based on the type of work they do, even though the wages received may exceed RM2,000 a month. The second category comprises: i. Manual workers, including those having skills such as artisans and apprentices; ii. Workers involved in the operation or maintenance of any mechanically propelled vehicles operated for the transport of passengers or goods or for commercial purposes; iii. Employees involved in the supervision of other employees engaged in manual labour; iv. Employees involved in any capacity that is related to shipping, with the exception of officers, holders of local certificate and who have not entered into any agreement with the merchant shipping ordinance 1952; and v. Domestic servants.

Therefore, it is concluded that not all employees are covered by EA 1955 which affects their rights to enjoy the protection provided by the Act.

With regard to the status of part-time workers, they are also covered by EA 1955 so long as they have a contract of service. S. 2 of EA 1955 defines part-time employees as those who work hours which do not exceed 70% of the normal work hours worked by full-time workers employed in that job capacity.

The definition of workman according to the Industrial Relations Act 1967 is as follows: Definition
s.2 (1) of Industrial Relation Act 1967
Any person including an apprentice, employed by an employee under a contract of employment to work for hire or reward and for the purpose of any proceedings in relation to a trade dispute includes any such person who has been dismissed, discharged or retrenched in connection with or as a consequence of that dispute or whose dismissal, discharge or retrenchment has led to that dispute.

2.CONTRACT FOR SERVICE
Definition
A contract for services exists when...

References: Bata Shoe Co (Malaysia) v Lembaga KWSP (1967)
Carmichael v National Power Plc [1999] [2000] IRLR 43 
Casio (Malaysia) Sdn. Bhd. v Wahab Tuan Idris (2001) 2 ILR 115
Chye Hin Co (Perak) v PP (1960)
Morren v Swinton Pendlebury Borough Council (1965)
Ready Mixed Concrete (South East) Ltd v Minister of Pensions (1968)
Secretary-General of the Human Resources Ministry (Seman, 2011)
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