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WHAT SHALL I DO IF I HAVE BEEN TERMINATED WITHOUT CAUSE OR EXCUSE BY MY EMPLOYER ?

Where you have been terminated without cause or excuse by your employer, you can enforce your civil right and remedies for any breach or non-performance of the contract of service by any suit in court or you can file in a written representation within 60 days of the dismissal to the Director General of Industrial Relations Department to be reinstated pursuant to section 20 of the Industrial Relations Act, 1967.

The Industrial Relations Act 1967 provides for the regulation of relations between employers and employee and their trade unions and the prevention and settlement of disputes between employer and employee which is connected with the employment or non-employment or the terms of employment or the conditions of work of such employee.

Where you are a female employee and your employer is found guilty of terminating you during your maternity leave, your employer shall be liable, on conviction to a fine not exceeding RM2,000.

WHAT ARE THE CIRCUMSTANCES UNDER WHICH AN EMPLOYEE IS NOT ENTITLED TO TERMINATION OR LAY-OFF BENEFITS ?

There are certain circumstances under which an employee is not entitled to termination or layoff benefits :

• Employed for less than 12 months on date of termination
• The employee voluntarily terminates the contract of service
• Where the employee commits misconduct inconsistent with the fulfillment of the expression or implied condition of service after due inquiry.
• Where the employee attains the age of retirement as stipulated in the contract of service
• The contract of service is renewed
• The employee re-engaged on terms and conditions not less favorable than his previous contract
• 7 days before the date of termination, the employer has offered to renew the contract on no less favorable terms
• The employee leaves the services without paying the employer the indemnity due contract of service after receiving due notice of termination of the contract or without employer's prior consent

An employer shall pay termination or layoff benefits to an employee not later than 7 days after the termination.

WHAT IS THE ACTUAL AMOUNT OF LAYOFF BENEFITS PAYABLE ?

Under the Employment (Termination and Layoff Benefits) Regulations 1980, an employee will be entitled to layoff benefits not less than the following :

• 1 to 2 years service - 10 days wages for each year service
• more than 2 years but less 5 years service - 15 days wages for each year service
• 5 years service or more - 20 days wages for each year service

For an incomplete year, the calculation will be on a pro-rata basis to the nearest month.