Employment Act 1955 - Maternity Leaves and Medical Leaves

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asked on Jun 6, 2003 at 01:23
by   khonghor
edited on May 22, 2017 at 04:52
I am regretting in having such a boss that is very 'in-humanity', he had employed me as a HR cum Administrator for him, but he had assigned me with Accounting Jobs, Property and Asset Management and Control, and whenever there are issues on Disciplinary matter, he will claim that I am the HR to resolves matters on his behalf. He fully utilized me to go against the Staff and he refused me to help all other staff on HR matters. What can I do? My pay is over RM 1,500 and not being cover by Employment Act 1955. If I would to leave my job without notice, as he forced me to provide 2 months notice, what are the actions he can take against me?

Lately, he was 'yelling' in a meeting that he does not want to pay a staff for his MC, but to deduct his pay for 2 days, he was creating the story that the staff purposely went out for shopping with his girlfriend until he got sick, so there is no reason for him (the boss) to approve the staff's MC! If the staff provided a valid MC from a recognized medical practitioner, (his salary above RM 1,500), can he make a complaint at local labour department? Any help provided?

Today, he claimed that other employers are giving Maternity Leaves for 30-45 days, and he would like to forfeit all the MC and Annual Leaves from all staff after their Maternity, I was telling him off as it's not legal, HE YELLED at me and scolding me like hell, asking me to check with labour department. I even shown him the clauses in the labour law act. If he insists in doing the wrong thing without permission, what can I do as the HR ? because I am not a female staff and no maternity leaves for me.. the labour department will only accept a official report from staff below RM 1500.

Help me out with all this problem..... I am really facing a devil.
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answered on Jun 6, 2003 at 11:09
by   businessbytes
edited May 22, 2017 at 05:08
Hi Chang,

Do not be so negative in your approach to work. If you are an HR person and the employer requires you to do additional jobs why not treat it as a learning experience. I can only guess you are working for a small-medium size company that does not require a full time HR person solely focused on HR work. I may be wrong.

If you are doing HR then is it too much for the employer to seek your assistance/expertise to solve problems on HR? From the tone of your letter I can safely say your knowledge of HR is rather limited. You need to equip yourself with knowledge on HR before you can work with confidence.

To answer your first question regarding notice what does your letter of appointment or in the absence company practice say. If it is two months notice then you should give two months notice. If it silent on notice period and there is no policy or practice then you are entitled to walk out with 24 hours notice. He can't do a thing about it. But if the notice clause is there then he can sue you in a civil court for indemnity in lieu of notice. In practice few employers do that in view of the hassles involved. Engaging lawyers, spending time in court etc. is too much of a bother.On your part you should give the requisite notice if there is a clause. You should have some principles.

On your second para since the staff is out of the ambit of the Employment Act. He is only entitled to sick leave as per letter of appointment. If there is a provision for sick leave then the employee is entitled to it irrespective of the cause of the ailment.He can file a complaint at the labour office if his salary does not exceed RM5000 per month.

Employers have separate provisions for employees earning more than RM1500/- Until recently Government servants were only eligible to 42 days. Can you say the Government is uncaring for providing less than that in the Employment Act?

Telling your boss off when you don't have a clue on employment practices with regard to maternity leave does not sound prudent.

You are an HR person and not a labour leader. If your colleagues have problems related to labour laws or employment tell them to seek help from the labour department. You do not appear to have the knowledge to help out. A little knowledge is a dangerous thing.
You are probably new to the HR area, do read up labour laws books on HR issues visit the labour office to seek advice on company issues and improve your knowledge. Don't think of leaving your job at this stage. Appreciate the fact that you are in a position to build a career in HR. Don't waste away this opportunity.

A final word if I may say so - your boss has been kind to you - paying you a salary for the little knowledge you have - he may have problems - very few employers don't have problems at this stage. See how you can help him overcome his problems.
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