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Puzzle Over Not Protected Under Employment Act

David Tan  
Fri, 01 Jun 2007 11:08:36 AM  (Last updated: Sat, 14 Jul 2007 11:18:32 AM)


I am puzzled over the reply in the frequently ask section on the non protection under employment act for those non manual employee who earned more than RM5,000 . Does it means they are not entitled to the benefit stated in the employment act such as annual leave, public holiday etc or could you further clalify what does it really mean on non-protection in this respect. Thank you.

KL Siew
Fri, 01 Jun 2007 01:21:44 PM

For those who are not covered by the Employment Act, their terms and conditions of service are usually stated in their appointment letters or their contract of service.

The Employment Act only provides the minimum benefits to those who could be described to be in the lower income group. People earning over 5K are normally having better bargaining power in terms of their terms and conditions of service. I think they normally get more than what are stated in the Employment Act.

Sat, 14 Jul 2007 11:18:32 AM

I am new here and not sure if I unerstand the answer, does this mean the employee that earn more than RM 5000 is on his own and no rights even if the employment contract is drawn up in a very strick manner. Even if people earn more than RM 5000 they have little bargaining power when it come to negotiations. A person change jobs for a reason and sometimes the person is in a real need for a job that do not put him in a position to negotiate. Does this mean he is not protected and fall outside the guideline of the labour law.

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