Job Seeker Handbook

2. FIRING

2.4 The Circumstances an Employee as 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.

<< 2.3 Termination without Cause Or Excuse by My Employer | 2.5 Actual Amount of Layoff Benefits Payable >>

Table of Contents

1. Regulation of Employment (HTML)
   1. Hiring
      • 1.1 The Minimum Conditions Set Out For Employment
      • 1.2 The Contract of Service
      • 1.3 Understanding of Probation
      • 1.4 Payment of Wages to Employee
      • 1.5 Leave Entitlement of Employee
      • 1.6 The Maternity Right of Female Employee
      • 1.7 The Working Hours and Rest for Employee
      • 1.8 The Minimum Age of Employee
   2. Firing
      • 2.1 The Circumstances a Contract of Service be Terminated by Either Employer or Employee
      • 2.2 Notice Period Required Terminating a Contract of Service
      • 2.3 Termination without Cause Or Excuse by My Employer
      • 2.4 The Circumstances an Employee as Not Entitled to Termination or Lay-Off Benefits
      • 2.5 Actual Amount of Layoff Benefits Payable
   3. Workmen's Compensation
      • 3.1 The Compensation
      • 3.2 The Law Governing The Workmen's Compensation in Malaysia
      • 3.3 Individual Covered Under The Workmen's Compensation Act 1952
      • 3.4 Foreign Worker Insured by Employer
      • 3.5 What Should Be Done If A Worker Is Involved in an Accident
   4. Sexual Harrassment
      • 4.1 What Is Sexual Harassment?
      • 4.2 Types of Sexual Harassment
      • 4.3 The Differences Between Verbal, Non-Verbal, Visual, Psychological And Physical Harassment
      • 4.4 Law in Malaysia to Deal Specifically with Sexual Harassment
      • 4.5 Chances Of Seeing Justice Being Done
      • 4.6 What Should I Do If I Am Being Sexually Harassed?
   5. Occupational Safety and Health Act
      • 5.1 What Is Occupational Safety and Health Act?
      • 5.2 The Act Affection
      • 5.3 The Written Safety and Health Policy
   6. Dispute
      • 6.1 What Is a Dispute?
      • 6.2 The Industrial Relations Act 1967 Provides
      • 6.3 What Are the Cases That I Can Refer to Industrial Relations?
      • 6.4 Complaint to the Industrial Relations
      • 6.5 Unlawfully Dismissed
      • 6.6 Presenting in a Dispute Case
      • 6.7 Appeals against Industrial Court Decision
   7. Pension
      • 7.1 What Is Pension?
      • 7.2 The Individual Entitled To Pension Benefit
      • 7.3 Circumstances Reducing or Withholding Pension
      • 7.4 Calculation of Pension
      • 7.5 Who Is Deemed to Be A Pensionable Officer?
      • 7.6 Granted a Pension
      • 7.7 Compulsory Retirement
      • 7.8 Optional Retirement
      • 7.9 The Pension Where an Officer Dies in Service
      • 7.10 The Pension Where an Officer Dies After Retirement
      • 7.11 Cease a Pension
      • 7.12 Pension for Disabled Person In The Course Of Performing His Official Duty
      • 7.13 The Rate Payable for Disability Pension
      • 7.14 Is a Pension Assignable?
   8. EPF
      • 8.1 What is Employment Provident Fund (EPF)?
      • 8.2 Contribute Towards the Fund
      • 8.3 The Procedure to Register An Employee With The EPF
      • 8.4 When Should Employer Pay Contribution to EPF
   9. SOCSO
      • 9.1 What Is Social Security Organization (SOSCO)?
      • 9.2 Compulsory Contribute To SOCSO
      • 9.3 Wages Mean For The Purpose Of SOCSO Contribution
      • 9.4 The Coverage Provided To an Insured Person by SOCSO Under ESSA 1969
      • 9.5 The Invalidity Pension Scheme Cover and The Benefits Provided
      • 9.6 The Coverage of Employment Injury Insurance Scheme
      • 9.7 The Rate of SOCSO Contribution
      • 9.8 The Responsibilities of an Employer
      • 9.9 Interest on Contributions Due and Not Paid On Time by Employer
      • 9.10 What About An Employee With Monthly Wages Exceeding RM2,000
      • 9.11 Report an Accident and Make My Claim
      • 9.12 Processing a Claim
      • 9.13 Appeal
2. Statutory Holiday (PDF)
3. Salary Act (PDF)