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Chapter 4: Finding and Recommandation of the Research Essay

Decent Essays
THE FINDING OF RESEARCH
4.1.1 ABSENCE OF STATUTORY DEFINITION
The literatures that have been gathered and observed by researchers, scholars from all over the world has succeeded in pointing out that fixed-term contracts employment is a new phenomenon in the labour society.
One of the recognised distinctions between Malaysia and United Kingdom concerning the fixed-term worker is the absence of statutory definition. It is noticeable that the definition of fixed-term employment in Malaysia is ambiguous. The Employment Act 1955 does not provide any definition on fixed-term employment. The only reference that reflects fixed-term employment is section 11 of the Act, where it state impliedly that “a contract of service for a specified period of
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4.1.2 LACK OF LEGAL PROTECTION 4.1.2.1 SECURITY OF TENURE
One of the dilemma that is suffered by the fixed-term workers in Malaysia is the lack of security of tenure. This is due to the nature of fixed-term employment which will be terminated upon expiry of a term or upon completion of a specific task. The employers often take advantage over this matter through the use of successive renewal of employment contract without the intention to make the worker as permanent worker. This situation is mainly contributed by the absence of legislation to impose limitation of number of successive renewal allow for a worker to be considered as permanent worker.
In comparison, the fixed-term workers in United Kingdom enjoy a better position than their counterparts in Malaysia. This is the result of the limitation imposed on the use of successive fixed term contract by the 2002 Regulation. The regulation limits the use of successive fixed-term contracts to four years and the employees who believe that their fixed-term contract should be deemed permanent under the regulations have a right to make complaint. In other words, this Regulation establishes a right for any employee on fixed-term contracts who have served for 4 years or more to automatically become a permanent employee. Therefore, they have security of tenure as compared to Malaysian fixed term worker.
4.1.2.2 DEPRIVATION OF STATUTORY RIGHTS
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