Advise how the law determines whether a person is an “employee” or otherwise under the definition...
Advise how the law determines whether a person is an “employee” or otherwise under the definition of the Employment Act 1955. (
Homework Answers
According to the Act,
"Employee" means any person or class of persons --
- (a) included in any category in the First Schedule to the extent specified therein; or
- (b) in respect of whom the Minister makes an order under subsection (3) or section 2A;
According to the Employment Act 1955, an employee is a person who qualifies the following criteria:
- Employees whose monthly salary does not exceed RM2,000
- Employees who are engaged in manual labor, regardless of salary
- Employees engaged in the operation or maintenance of a mechanically propelled vehicle
- Employees who supervise or oversees other employees engaged in manual labor
- Employees engaged in any capacity on a vessel (subject to certain other conditions)
According to Malaysian Employment Law, Any clause in an employment contract that purports to offer less favorable benefits than those set out in the Employment Act, shall be void and replaced with the minimum benefits in the Employment Act.
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Advise how the law determines whether a person is an “employee”
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