Malaysian Labour Law Annual Leave During Probation

Here are 5 important things you should know about probationers in malaysia.

Malaysian labour law annual leave during probation. In ruling on a case concerning the issue of the employee taking pre arranged annual leave during the notice period the court of final appeal stated that the above restriction does not apply when an employee resigns. Employed less than 2 years. However case law does distinguish between a confirmed employee and a probationer. After your last day you can start work immediately with your new company.

There is a difference between offsetting notice period with annual leave and going on approved annual leave during notice period. Not less than 8 days per year. Sixteen 16 days of annual leave for service of more than five years in a company. These statutory annual leave shall not be included in the length of notice required to terminate a contract of employment.

The employment practices in the east malaysian states of sabah and sarawak are governed by their respective labour ordinance. However more often than not an employment contract contract of service would specifically provide for a probationary period. Date of payment of wages. You will undergo a probationary period of three 3 months starting from the date of this employment agreement.

Note that this article only focuses on the employment laws for peninsular malaysia and labuan. During the probationary period you shall not be entitled to any annual leave. Summary of employment laws in malaysia employment act 1955. As an employee you are entitled to a certain number of paid annual leave days in addition to your rest days and paid holidays.

Annual leave paid. Because your employment agreement is in black and white if your employer fails to abide by the law it is your right to terminate your contract of service without notice according to section 13 of the ira. The term probationer is not defined in the employment act 1955 or in the industrial relations act 1967. 1b where any of the said ten gazetted public holidays or any other day substituted therefor as provided in subsection 1 or 1a falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this act or falls during the period of temporary disablement under the workmen s compensation act 1952 or under the employees social.

There is no statutory definition of what is a probationer. Scope of the employment act. However employment act 1955 only applies to peninsular malaysia and labuan. According to section 60e 1 of the employment act 1955 you are entitled to paid annual leave as stated below.