在签署了新公司所发出的录取通知书之后,准员工却在开工前,经过深思熟虑后,决定不去相关公司上班,请问员工能直接不去上班吗?

答:在签署了录取通知书之后,视录取通知书的内容而定,相关录取通知书可构成有效合约。

如果相关录取通知书构成了一份有效合约,当员工直接不去上班时,员工的行为可构成违约,而准公司有权利入禀法庭,透过民事诉讼,起诉准员工,索取赔偿金。

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IR Act 1967 (Amendments) 2019

There have been calls to amend the Employment Act 1955 for some time now, and after initially posting the proposed amendments for public engagement on the website of the Ministry of Human Resources, the government is now taking steps to table the proposed amendments to this legislation in Parliament. One of the many proposals is to increase maternity leave and to introduce paternity leave. But that is not the only proposal. Suffice to say, the proposed amendments, if passed in Parliament, potentially could revolutionize the employment landscape of Malaysia. Additionally, we finally have clarity on the changes that the government has made to the Industrial Relations Act, as the Industrial Relations (Amendment) Act 2019 was passed on 9 October 2019. One of the key changes is the seemingly automatic referral of matters to the Industrial Court (no discretion involved)- this may potentially result in the floodgates of industrial litigation being opened as all unsettled complaints of unfair dismissal, regardless of merits, will end up in the Industrial Court. Employers are rightfully concerned that the amendments do nothing to prevent frivolous complaints from being filed.On top of that, with Budget 2020 having just been announced, what are the employment and HR issues to look out for come year 2020 & 2021 respectively specifically on the New Minimum Wage, Extended Maternity Leave and the Increased Scope of the Employment Act 1955?This public program will address these concerns, the proposed amendments to the Employment Act, and the key changes made by the amending Act.Download our official eFlyers here:1) Updates on the amendments to the IRA 1967 and Proposed Amendments to the EA 1955: The Present vs The FutureLink: https://drive.google.com/open?id=1KtzkTjumUzalbf8BHlU6GhYnnux4AJ6X2) Implications of Employment Laws changes to HR and PayrollLink: https://drive.google.com/open?id=1f6zdGaLaKBHHrYw6VOSz_aeYsx9P0ljr

Posted by MyFreelys Academy on Wednesday, 16 October 2019

 

同样的,如果准公司找到其他条件更好的员工,而选择不录取已签署合约的准员工,在这种情况下,准员工也有权利入禀法庭,透过民事诉讼,起诉准公司,索取赔偿金。

补充:
根据“1950 年大马合约法令”第2条文阐明,只有满足了以下这些情况,合约(Contract)才算成立:

  • 给予某人的一项提议(Proposal);和
  • 对方接受该提议;和
  • 这建立了双方之间的共识(Agreement)。
  • 具有法律效力的协议(Agreement)就归类为合约。

资讯提供:Rebecca Leong 律师
资料整理:Rebecca Leong 律师

 

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