Oleh Faudzil Harun
Contracts Act, 1950
Section 9 – Promises, express and implied
So far as the proposal or acceptance of any promise is made in words, the promise is said to be express. So far as the proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Terma Yang Tersirat Bagi Majikan
Example 1 Employer should respect an employee
In Len Omnibus Co. Bhd. V Ngoo Mee Ngok – I/C Award 221/96, the employer had issued a letter of transfer to the claimant without discussing and informing the employee before issuing the letter. The court held that the company had failed to treat the claimant who had a long and unblemished record with respect and it amounted to an affront to the pride and dignity of the employee.
Example 2 – Employer should treat an employee fairly and reasonably
In Philips Malaysia Sdn Bhd v Loke Kwok Lim – I/C Award 90/96, it was held that to constitute a breach of this implied term, it is not necessary to show that the employer intended any repudiation of the contract : the tribunal’s function is to look at the employer’s conduct as a whole and determine whether it is such that the employee cannot be expected to put up with it. It is also an implied term of the contract of employment that the employer treats the employee fairly and reasonably. It would be a breach of this implied term if the employer does not give an increment to his staff when everyone else in the organization was given one. The employer shall not prevent the employee from performing his work. If the employee is deprived of the opportunity of doing his work, it is a breach even though the employer pays him full wages.
Terma Tersirat Bagi Pekerja
1. Hadir bekerja pada hari dan masa yang ditetapkan.
2. Memberikan perkhidmatan yang jujur dan taat.
3. Menggunakan kemahiran dan penjagaan yang munasabah terhadap
Suatu kontrak tidak mungkin dapat merangkumi segala
terma dan syarat secara nyata. Terma yang tersirat haruslah diberikan perhatian
dalam perlaksanaan hubungan majikan-pekerja. Contoh keterangan berkaitan terma
yang tersirat adalah seperti berikut :
Contracts Act, 1950
Section 9 – Promises, express and implied
So far as the proposal or acceptance of any promise is made in words, the promise is said to be express. So far as the proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Terma Yang Tersirat Bagi Majikan
Example 1 Employer should respect an employee
In Len Omnibus Co. Bhd. V Ngoo Mee Ngok – I/C Award 221/96, the employer had issued a letter of transfer to the claimant without discussing and informing the employee before issuing the letter. The court held that the company had failed to treat the claimant who had a long and unblemished record with respect and it amounted to an affront to the pride and dignity of the employee.
Example 2 – Employer should treat an employee fairly and reasonably
In Philips Malaysia Sdn Bhd v Loke Kwok Lim – I/C Award 90/96, it was held that to constitute a breach of this implied term, it is not necessary to show that the employer intended any repudiation of the contract : the tribunal’s function is to look at the employer’s conduct as a whole and determine whether it is such that the employee cannot be expected to put up with it. It is also an implied term of the contract of employment that the employer treats the employee fairly and reasonably. It would be a breach of this implied term if the employer does not give an increment to his staff when everyone else in the organization was given one. The employer shall not prevent the employee from performing his work. If the employee is deprived of the opportunity of doing his work, it is a breach even though the employer pays him full wages.
Terma Tersirat Bagi Pekerja
1. Hadir bekerja pada hari dan masa yang ditetapkan.
2. Memberikan perkhidmatan yang jujur dan taat.
3. Menggunakan kemahiran dan penjagaan yang munasabah terhadap
pekerjaannya.
4. Patuh kepada arahan munasabah yang diberikan kepadanya.
5. Mempamerkan perlakuan yang baik secara konsisten.
6. Memberikan pendedahan penuh jika timbul konflik peribadi.
4. Patuh kepada arahan munasabah yang diberikan kepadanya.
5. Mempamerkan perlakuan yang baik secara konsisten.
6. Memberikan pendedahan penuh jika timbul konflik peribadi.