Test HRM581&582 Jan2021 (Epjj)

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HRM 582/581 – EMPLOYMENT LAW

TEST 1

QUESTION 1

a) Describe any four (4) characteristics of a contract of employment according to the


provisions of the Employment Act 1955.
(8 marks)

b) Explain the principles of 'void term of an employment contract' and 'breach of an


employment contract'. Provide an example to describe each situation.
(6 marks)

c) By referring to the provisions of the EA 1955, explain the followings:

1. The employer's right to instruct employee to come to work on rest day

2. The employee's right to refuse to come to work on rest day

3. The employee's right to claim payment working on rest day

4. The employee's right to complain to Labor Department if employer refuse to pay the
extra payment working on rest day."
(6 marks)

d) Describe termination simpliciter


(5 marks)

QUESTION 2

a)Adli is a driver with ZZ Company Sdn Bhd. He has been working with the company for 3
years. He was on annual leave on 12 & 13 June. 14 was Sunday, 15 & 16 were Public
Holidays. On 17 & 18, the local bomoh gave him a sick certificate after treating him for
the hallucinations that he had been having. When he came to work on the 19 June,
the Personnel Manager said “you have self-terminated your employment”.
(7 marks)

b) Harris works as a technician with Fayhem Sdn. Bhd in Kuala Lumpur. His pay is
RM2,200 per month including travelling allowance of RM200. His normal working
hours is 8 hours per day. In August 2019, he was required to work on National Day
plus 2 hours overtime. His total overtime worked on normal working days was 13
hours and he also worked more than 4 hours on 3 rest days in that particular month.

Calculate his total earning for the month of August 2019.


(7 marks)

c) Zack joins Bibi Food Manufacturing Company as a Manager on 1 July 2017 and
decides to resign with effective 15 August 2019 by giving 2 weeks’ notice. His last
drawn salary is RM2200 per month including mileage claim RM200 and RM300 for
fixed allowance. Calculate the net salary payable
(6 marks)
d) Farouq has been working as a bus driver with Seri Express Sdn. Bhd at Kulai, Johor
for 8 years. His wages is RM3000 per month. Due to some management crisis, the
company is having redundancy problem and decided to downsize its business. As a
result, 35% of the employees will be retrenched.

i) Explain the notice of termination if Farouq is retrenched.


(3 marks)

ii) Discuss his entitlement to termination benefits.


(2 marks)

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