TNAG-0786-FCO40-990-Policy-of-Government-of-Hong-Kong-on-labour-and-trade-union--1978 — Page 165

MALAYSIA

4

Appendix XI

Employment Ordinance 1955

Section 10

(1)

A contract of service for a specified period of time exceeding one month or for the performance of a specified piece of work, where the time reasonably required for the completion of the work exceeds or may exceed one month, shall be in writing.

Section 12

(1)

Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.

(2) The length of such notice shall be the same for both the employer and employee and shall be determined by any provision made for such notice in the terms of the contract of service, or in the absence of such provision, shall be in accordance with the provisions of subsection (3).

(3) The notice to terminate the services of a person who is employed under a contract of service shall be not less than

(a)

one week's notice if he has been so employed for less than two years;

(b) two weeks' notice if he has been so employed for two years

or more but less than five years; and

(c) four weeks' notice.if he has been so employed for five years

or more;

Provided that the provisions of this section shall not be taken to prevent either party from waiving his right to notice on any occasion.

(4) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.

Section 13

(1) Either party to a contract of service may terminate such contract of service without notice or if notice has already been given in accordance with section 12, without waiting for the expiry of that notice, by paying to the other party a sum equal to the amount of wages which would have accrued to the employee during the term of such notice.

(2)

Either party to a contract of service may terminate such contract of service wihout notice in the event of any wilful breach by the other party of a condition of the contract of service.

Note: There is no legislation concerning severance pay.

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