Dalam keadaan ekonomi yang sedang gawat, macam2 kemungkinan boleh berlaku. Syarikat buang pekerja, syarikat gulung tikar, pekerja di potong gaji dan macam2 lagi.
Aku baru dapat khabar berita kemungkinan aku akan diberhentikan kerja. Aku pasrah tetapi adakah syarikat akan memberhentikan aku mengikut apa yang termaktub di dalam perjanjian atau kontrak kerja?
Mengikut perkhabaran berita, syarikat ingin menamatkan servis aku akhir bulan ini. Tetapi sehingga kini aku belum mendapat sebarang hitam putih. Seperti yang termaktub di dalam kontrak kerja, mana2 pihak sama ada majikan atau pekerja perlu memberi notis selama sebulan untuk menamatkan kontrak. So, sekarang makna nye syarikat aku mungkin telah melanggar kontrak tue.
Aku tak kan berdiam diri…jangan harap! Aku telah study undang2 Malaysia, Akta 265, Akta Pekerjaan Malaysia. Di bawah Seksyen 12 (2) Notis Penamatan Kontrak dan juga Seksyen 21 (1) Bayaran untuk Penamatan Kontrak Di Bawah Keadaan2 Khas dan Ke Atas Perlanggaran Kontrak, syarikat terikat dengan akta ini dan boleh diambil tindakan.
Di bawah nie clause yang aku ambil dari Akta 265, Undang2 Malaysia.
Notice of termination of contract12.(1) Either party to a contract of service may at any time give to the other party
notice of his intention to terminate such contract of service.
(2) The length of such notice shall be the same for both employer and employee
and shall be determined by a provision made in writing for such notice in the
terms of the contract of service, or, in the absence of such provision in
writing, shall not be less than—
(a) four weeks’ notice if the employee has been so employed for less than two years
on the date on which the notice is given;
(b) six weeks’ notice if he has been so employed for two years or more but less than
five years on such date;
(b) eight weeks’ notice if he has been so employed for five years or more on such
date:
Provided that this section shall not be taken to prevent either party from waiving
his right to a notice under this subsection.
(3) Notwithstanding anything contained in subsection (2),where the termination of
service of the employee is attributable wholly or mainly to the fact that—
(a) the employer has ceased, or intends to cease to carry on the business for the
purposes of which the employee was employed;
(b) the employer has ceased or intends to cease to carry on the business in the
place at which the employee was contracted to work;
(c) the requirements of that business for the employee to carry out work of a
particular kind have ceased or diminished or are expected to cease or diminish;
(d) the requirements of that business for the employee to carry out work of a
particular kind in the place at which he was contracted to work have ceased or
diminished or are expected to cease or diminish;
(e) the employee has refused to accept his transfer to any other place of
employment, unless his contract of service requires him to accept such transfer;
or
(f) a change has occurred in the ownership of the business for the purpose
of which an employee is employed or of a part of such business,
regardless of whether the change occurs by virtue of a sale or other
disposition or by operation of law, the employee shall be entitled to, and
the employer shall give to the employee, notice of termination of
service, and the length of such notice shall be not less than that provided
under paragraph(2)(a),(b) or (c), as the case may be, regardless of
anything to the contrary contained in the contract of service.
(4) Such notice shall be written and may be given at any time, and the day on
which the notice is given shall be included in the period of the notice.
Termination of contract without notice13. (1) Either party to a contract of service may terminate such contract of service
without notice or, if notice has already been given in accordance with
section 12, without waiting for the expiry of that notice, by paying to the
other party an indemnity of a sum equal to the amount of wages which would
have accrued to the employee during the term of such notice or during the
unexpired term of such notice.
(2) Either party to a contract of service may terminate such contract of service
without notice in the event of any wilful breach by the other party of a
condition of the contract of service.
Payment on termination of contract in special circumstances and on breach of contract21. (1) Where an employer terminates the contract of service of an employee without
notice in accordance with subsection 13(1) or (2) and paragraph 14(1)(a)—
(a) the wages, less any deductions which the employer is entitled to make
under section 24, earned by such employee up to and including the day
immediately preceding the day on which the termination of the contract
of service takes effect; and
(b) in addition, where the employer terminates the contract of service under
subsection 13(1), the indemnity payable to the employee under that
subsection, shall be paid by the employer to the employee not later than
the day on which such contract of service is so terminated.
(2) Where an employee terminates his contract of service with an employer
without notice in accordance with subsection 13(1) or (2) or subsection
14(3),the wages, less any deductions which the employer is entitled to make
under section 24, earned by such employee up to and including the day
immediately preceding the day on which the termination of the contract of
service takes effect shall be paid by the employer to the employee not later
than the third day after the day on which the contract of service is so
terminated.
