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Assignment Draft May 2014

Review relevant sources of references (research papers, articles or books) on the importance of
terms and conditions of employment in employer-employee relationship and suggest
amendment that can be made to current legislations regarding the issue.
Ulas sumber-sumber rujukan yang relevan (kertas kerja, artikel-artikel atau buku) tentang
kepentingan terma-terma dan syarat-syarat pekerjaan dalam hubungan majikan-pekerja dan
syorkan pindaan yang boleh dibuat kepada pembentukan undang-undang semasa berkenaan
isu tersebut.
Introduction
Similar to a normal contract that is founded by general law of contract, a contract of employment
sets out in it contractual terms for the parties to comply. Terms of a contract of employment may
be in writing or oral but in practice, they are in written form. In theory, both parties in a contract
of employment i.e. employer and employee may suggest terms to be agreed but this usually will
depend on the level of demand to that job position. However, one of the most important fact that
must be noted is that some of the contractual terms in a contract of employment are implied by
statute i.e. the Employment Act 1955. This happens because the Employment Act 1955 is a
principal source of employment laws particularly in Peninsular Malaysia. Therefore, further
discussion on the subject matter will be based on the relevant provisions from this Act.

Rubric 1 (4 marks)
Introduction on the meaning of terms and conditions of employment was very clear. Able to give
relevant examples
Refer Topic 3 pages 40-41
Rubric 2 (10 marks)
Able to discuss in detail the divisions of terms of employment. The discussion was supported
with relevant provisions from the Acts and relevant examples.
Refer topic 3 particularly page 42

Other relevant parts: Topic 3, 4 and 5


Rubric 3 (12 marks)
Able to provide detail and clear arguments on the importance of terms and conditions of
employment. Able to support the arguments with literature and examples.
1. lay down the minimum standard of terms particularly in order to protect employees;
2. identify the legal position of employee i.e to enjoy security of tenure security of job;
3. confirm the rights to seek remedies from related judicial bodies i.e labour court,
industrial court etc;
4. enable employer to plan and manage business operation

Rubric 4 (8 marks)
Suggestions to amend current legislations regarding above issues. THREE practical and well
justified suggestions were given.
1. Enhance a family oriented element i.e. rights for paternity leave, adopt the period of
maternity leave that is applicable in public sector;
2. Emphasise on the issue of discrimination;
3. Enhance the protection of workers against sexual harassment
Rubric 5 (6 marks)
Use of appropriate references and citations (5 references including books and journal articles)