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Faculty - Business Management - 2022 - Session 1 - Degree - HRM581

The document is a final examination paper for a Malaysian Employment Law course. It consists of 3 questions about employee rights and responsibilities under Malaysian employment law. Question 1 discusses an employment contract and statutory contributions. Question 2 discusses the rights of a foreign worker. Question 3 discusses overtime pay and constructive dismissal.

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FARAIZAM AZUAN HAFIZ JAFFAR
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93 views3 pages

Faculty - Business Management - 2022 - Session 1 - Degree - HRM581

The document is a final examination paper for a Malaysian Employment Law course. It consists of 3 questions about employee rights and responsibilities under Malaysian employment law. Question 1 discusses an employment contract and statutory contributions. Question 2 discusses the rights of a foreign worker. Question 3 discusses overtime pay and constructive dismissal.

Uploaded by

FARAIZAM AZUAN HAFIZ JAFFAR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE : MALAYSIAN EMPLOYMENT LAW (PAPER 1)


COURSE CODE : HRM581
EXAMINATION : FEBRUARY 2022
TIME : 2 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of three (3) questions.

2. Answer ALL questions in English.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO


This examination paper consists of 3 printed pages
QUE
STION 1
Sally joined ABC Sdn Bhd in Selangor as Administration Clerk effective 1st November 2021.
In her contract, the employer mentioned that her salary per month is RM1300, working from
Monday to Satuday for 8 hours daily. Her annual leave, upon confirmation is 10 days per year.
She is also entitled to all public holidays in Selangor, upon confirmation. As for the EPF,
SOCSO and EIS contribution, the employer had follow the statutory requirements. For notice
of termination, Sally must serve 14 days notice and the employer will provide 7 days notice.

Based on the information provided, answer the questions that follow.

a) Describe the concept of employment between Sally and ABC Sdn Bhd.
(2 marks)

b) Discuss Sally’s rights for annual leave and public holiday.


(4 marks)

c) Discuss the terms on notice of termination in Sally’s contract.


(3 marks)

d) If Sally is absent without leave for two consecutive days, explain the employer’s rights to
terminate her employment due to misconduct.
(3 marks)

e) Describe the concept of statutory requirements for EPF, SOCSO and EIS contribution.
(3 marks)

QUESTION 2
Batsal, a foreigner from Nepal, has just been employed last month as construction worker at
Maluri Construction Sdn. Bhd. in Kuching, Sarawak. His monthly income is RM2200. His
normal working hour is 8 hours per day for 6 days per week. In his contract, the company not
allowing him to take any leave, even when he was sick.

Based on the information provided, answer the questions that follow.

a) Discuss Batsal’s rights under the employment legal framework in Malaysia.


(2 marks)

b) Justify if Batsal is under the scope of the Employment Act 1955.


(2 marks)

c) Examine Batsal rights for annual leave and sick leave.


(3 marks)

d) If his wife is giving birth, explain his rights for paternity leave.
(2 marks)

e) In December 2021, Batsal was requested by his employer to work on a Public Holiday. He
also worked for an extra 2 hours of overtime on that day. Calculate the rate of wages
payable to him for that particular month..
(6 marks)

QUESTION 3
Amir is working as Finance Executive at Grich Hotel Sdn Bhd in Langkawi, Kedah. His
monthly salary is RM2,400. In the employment contract, it is stated that he may be required to
work beyond his normal working hours without the overtime payment. However, if he works
for two hours overtime, he is entitled for RM25 meal allowance. He is upset because he felt
that the employer must pay overtime payment.

a) Justify if Amir is under the scope of the Employment Act.


(2 marks)

b) Discuss the employer’s action of providing RM25 meal allowance instead of overtime
payment.
(4 marks)

c) Explain if the employer’s failure of paying overtime payment could lead to constructive
dismissal.
(4 marks)

END OF QUESTION PAPER

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