Resignation and Notice Period to Company - Excel

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Resignation and Notice Period to Company - Excel Powered By Docstoc
					Bunge                                                                                   8609f315-2f70-449b-823a-e6cc23415f84.xls




                                                                           Market Conditions Summary - MALAYSIA
                                      LAW                                                      MARKET                                                   MARKET Example 1             MARKET Example 2

                                                                                               general information

        Recruitment and Contract
                                      There is no legal provision on probationary period.
                                      Probationary period is usually stated as one of the
        Probationary Period                                                                    General and prevalent practice - 3 months.               3 months                     3 months
                                      terms and conditions in the letter of appointment or
                                      employment contract

        Probationary Period           No provision in law, but this is normally specified in   General and prevalent practice - a further 3 months
                                                                                                                                                        3 months extension
        Extension if unsatisfactory   the contract of service.                                 extension if the performance is unsatisfactory

                                                                                                                                                                                   1 week for non
        Notice Period during          No provision in law, but notice of termination by
                                                                                               Generally from 24 hours to one month                     2 weeks for all executives executives, 2 weeks for
        probationary period.          either party is specified in the contract of service.
                                                                                                                                                                                   executives

                                      Follow the terms of contract of service in writing,
                                                                                                                                                          one month for non          one month for non
                                      and the length of notice must be the same for both       Generally the period of notice of termination is stated in
        Notice Period for normal                                                                                                                          executives and junior      executives and junior
                                      employer and employee. But in the absence of             the contract of service or general terms and conditions
        contract                                                                                                                                          executives, 2 months for   executives, 3 months for
                                      such a provision in the contract of service, then the    of employment
                                                                                                                                                          senior executives          senior executives
                                      law governs that:

                                                                                                                                                      one month for non
                                                                                               one month for non executives and junior executives, 2- executives and junior
        <2 years service              4 weeks
                                                                                               3 months for senior executives                         executives, 3 months for
                                                                                                                                                      senior executives

                                                                                                                                                      one month for non
                                                                                               one month for non executives and junior executives, 2- executives and junior
        2 - 5 years service           6 weeks
                                                                                               3 months for senior executives                         executives, 3 months for
                                                                                                                                                      senior executives

                                                                                                                                                      one month for non
                                                                                               one month for non executives and junior executives, 2- executives and junior
        > 5 years service             8 weeks
                                                                                               3 months for senior executives                         executives, 3 months for
                                                                                                                                                      senior executives

                                      Either the employer or employee may terminate a
                                      contract of service, if the notice has already been
                                      given accordingly, without waiting for the expiry of
        Termination of contract
                                      that notice, by paying to the other party an indemnity as in law                                                  as in law                    as in law
        without notice
                                      of a sum equal to the amount of wages which would
                                      have accrued to the employee during the unexpired
                                      period of such notice.

                                      Either the employer or employee may terminate a
                                      contract of service without notice in the event of any
                                      wilful breach by the other party of a condition of the
                                      contract of service.




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Bunge                                                                             8609f315-2f70-449b-823a-e6cc23415f84.xls




                                                                      Market Conditions Summary - MALAYSIA
                                    LAW                                                    MARKET                                                   MARKET Example 1        MARKET Example 2

                                                                                           general information


        Fixed Term Contract         No provision in the law                                Contract terminates upon expiry unless renewal


                                    A contract of service for an unspecified period of
        Indefinite Contract         time shall continue until terminated in accordance     as in law
                                    with the provisions for termination

                                                                                           Generally 55 for both males and females with an option
        Retirement Age M/F          No provision in the law                                to retire early at 50 specified under the employment               55                      60
                                                                                           contract. Some company's retirement age is 60


        Employment Conditions
                                    Unless otherwise provided or under specical
                                    conditions approved by the authorities, the          Generally 40 to 48 working hours per week. 9am to          Weekdays 9am - 5pm      Weekdays 8:30am -
        Working Hours (Day Work)
                                    employee shall not be required under his contract of 5pm or 8:30 to 5:00pm                                      Saturday 9am - 1pm      5pm for 5-day week
                                    service to work ----

                                    more than 8 hours in one day

                                    more than 5 consecutive hours without a period of
                                    leisure of not less than 30 minutes duration

                                    in excess of a spread over period of 10 hours in one
                                    day

                                    more than 48 hours in a week


                                                                                                                                                    Three working shifts    Three working shifts
                                   Shift workers may be required to work for more than
                                                                                                                                                    Night 23:00 - 0700      Night 22:00 - 0600
        Working Hours (Shift Work) 8 hours a day or more than 48 hours a week under As in law
                                                                                                                                                    Morning 0700 - 1500     Morning 0600 - 1400
                                   the following conditions:
                                                                                                                                                    Afternoon 1500 - 2300   Afternoon 1400 - 2200

                                    for every 5 consecutive hours of work, there must
                                    be a break of 30 minutes

                                    the average number of hours over any period of
                                    three weeks should not exceed 48 hours per week;
                                    and

                                    they should not work for more than 12 hours in any
                                    one day




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Bunge                                                                                 8609f315-2f70-449b-823a-e6cc23415f84.xls




                                                                         Market Conditions Summary - MALAYSIA
                                      LAW                                                    MARKET                                              MARKET Example 1   MARKET Example 2

                                                                                             general information


        Overtime


        overtime after normal hours
                                    1.5 times employee's hourly rate of pay                  as in law                                           as in law          as in law
        of work

                                      if work less than half his normal hours of work - 1
        working on a rest day                                                                as in law                                           as in law          as in law
                                      day's wages at ordinary rate of pay

                                      if work more than half his normal hours of work but
                                      does not exceed his normal hours of work - 2 days' as in law                                               as in law          as in law
                                      wages at ordinary rate of pay

                                      If work in excess of his normal hours of work - not
                                                                                             as in law                                           as in law          as in law
                                      less than 2 times hourly rate of pay


                                    Work on a Public Holiday regardless that the period
        working on a Public Holiday of work done is less that the normal hours of work - as in law                                               as in law          as in law
                                    2 days's wage at ordinary rate of pay


                                       Any hour in excess of the normal hours of work - 3
                                                                                             as in law                                           as in law          as in law
                                      times hourly rate of pay

                                                                                             Generally annual leave benefits are better in the
                                      Paid annual leaves will be entitled only after every
        Vacation (Annual Leave)                                                              general labour market. Senior executives may be
                                      12 months of continuous service
                                                                                             given more annual leave benefits.

        Year of service

        < 2 years                     8 days for each year                                   as in law and usually better for executives         14 days            as in law
        more than 2 years but less
                                      12 days for each year                                  as in law and usually better for executives         18 days            as in law
        than 5 years
        5 years and more              16 days for each year                                  as in law and usually better for executives         22 days            as in law


        Sick Leave


        Year of service


        < 2 years                     14 days for each calendar year                         as in law                                           as in law          as in law

        more than 2 years but less
                                      18 days for each calendar year                         as in law                                           as in law          as in law
        than 5 years




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Bunge                                                                                 8609f315-2f70-449b-823a-e6cc23415f84.xls




                                                                          Market Conditions Summary - MALAYSIA
                                         LAW                                                  MARKET                                                      MARKET Example 1          MARKET Example 2

                                                                                              general information

        5 years and more                22 days for each calendar year                        as in law                                                   as in law                 as in law


                                        When hospitalisation is necessary - 60 days in
                                        aggregate, but the total number of paid sick leave in
                                        a calendar year shall not be more then 60 days.
                                                                                              as in law                                                   as in law                 as in law
                                        Any sick leave granted immediately after
                                        hospitalisation leave for the purpose of recuperation
                                        should be treated as hospitalisation leave.

                                                                                              Generally practised in most companies as special
                                                                                              compassionate paid leave, and will be stated as terms
        Special Leave                   No provided in the law
                                                                                              and conditions in the contract of service or collective
                                                                                              agreeement

                                                                                              As stated in the terms and conditions of employment         3 days but limited to 5
        Birth of Child                  No provided in the law
                                                                                              contract                                                    children

                                                                                              As stated in the terms and conditions of employment
        Death of Spouse or child        No provided in the law                                                                                            3 days
                                                                                              contract

                                                                                              As stated in the terms and conditions of employment
        Death of Father or Mother       No provided in the law                                                                                            3 days
                                                                                              contract

                                                                                              As stated in the terms and conditions of employment         5 days once only in the
        Marriage                        No provided in the law
                                                                                              contract                                                    service

                                                                                              As stated in the terms and conditions of employment
        Marriage of a child             No provided in the law                                                                                            2 days
                                                                                              contract

        Fire/flood directly affecting the
                                                                                              As stated in the terms and conditions of employment
        employee and/or his/her           No provided in the law                                                                                          1 day
                                                                                              contract
        property

                                        10 days with 4 compulsory fixed Public Holidays, the As in law, but most companies follow all the 15 Public
        Public Holidays                                                                                                                                   15 days                   as in law
                                        other 6 days are to be selected by the employer      Holidays in Malaysia


                                        4 compulsory fixed Public Holidays are: King's
                                        Birthday, The National Day, The Workers' Day,         If a Public Holiday falls on a rest day, the next working
                                        Birthday of the Ruler of the State in which the       day will be a paid substituted holiday
                                        employee works under the contract of service


        Maternity Leave                 60 days                                               as in law                                                   as in law                 as in law

                                                                                              Paternity leave is same as Birth of Child for fathers and
        Paternity and Parental
                                        No provision in the law                               parental leave is considered as annual leave or no-pay
        Leave
                                                                                              leave




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Bunge                                                                              8609f315-2f70-449b-823a-e6cc23415f84.xls




                                                                      Market Conditions Summary - MALAYSIA
                                   LAW                                                     MARKET                                                     MARKET Example 1         MARKET Example 2

                                                                                           general information


        Remuneration
                                                                                           Generally covered in the terms and condition of
                                                                                           employment contract or collective agreeement. If
                                                                                           there is no such provision in the terms and conditions     1 month plus ex gratia
        Bonus                      No provision in law                                                                                                                         1 month
                                                                                           of employment, it will be the discretion of the employer   incentive
                                                                                           to grant a bonus based on the performance of the
                                                                                           company in the year.

                                   No provision in labour law, but there are some
                                                                                           The market rate is much higher than the minimum
                                   minimum wage guidelines for employees of certain
                                                                                           wage guidelines. Thus the guidelines do not serve any
        Minimum Wage               industries - shop assistant, cinema workers, port
                                                                                           purpose to protect employees under those categories
                                   handlers, hotel and restaurant workers that are
                                                                                           of the workforce.
                                   covered by Wages Councils Act.


        Vacation bonus             No provision in law                                     none


                                                                                           12 months with a bonus (if any) paid on the end of 12th
                                                                                           month or on the 13th month. Normally the contractual
                                                                                           amount in the contract of service or collective
        Months of salary payment   12 months
                                                                                           agreement, if bonus is given, is one month of basic
                                                                                           salary. Employers may give more during a year of
                                                                                           good profitability performance.


                                                                                                                                               Company directors given
                                   No provision in law. But any housing allowance      Normally none for junior employees, but some
                                                                                                                                               housing allowance,
        Housing Allowance          provided to employees will be considered as benefit companies provide this benefit for executives or senior
                                                                                                                                               executives given interest
                                   that is subjected to income tax                     exectuives
                                                                                                                                               subsidised housing loan



                                   Employers (with more than 10 employees) have to
                                   contribute 0.5% to1% (depending on the paid up
                                   capital) of total payroll to a Human Resource
                                                                                           Employers are responsible and pay for the training of
                                   Development Fund (HRDF). HRDF is managed by
                                                                                           employees, and training expenses will be subsidised by
        Training reimbursement     a division of the Human Resource Ministry.
                                                                                           the HRDF grants for companies that are contributing to
                                   Expenses incurred in training of employees may be
                                                                                           the HRDF.
                                   reimbursed by this fund from 50% to 100% of the
                                   training expenses, up to the limit of the full amount
                                   of contributions for a year.



        Social Coverage            Describe with Employer and Employee Costs




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Bunge                                                                               8609f315-2f70-449b-823a-e6cc23415f84.xls




                                                                       Market Conditions Summary - MALAYSIA
                                    LAW                                                    MARKET                                                  MARKET Example 1        MARKET Example 2

                                                                                           general information

                                    Covered under sick leave and hospitalisation leave
        Payment of salary after
                                    and the Employees' Social Security Insurance (see
        accident or sickness
                                    below)

                                                                                           Some companies may insure senior executives for life,
        Life insurance              No provision in law
                                                                                           and insurance premium paid by companies
        Early retirement            No provision in law                                    Optional beneift in some companies.
                                    This is a benefit option only for government
        Pension
                                    employees


        Principle of the pension
                                    50% of last drawn pay if retirement is at 56.
        arrangements


                                    The widow and ophan shall be entitled to the
        Widows and orphan
                                    pension in the event of a death of government
        pensions
                                    employees


                                    Financial relief and social security protection of
                                    employees are provided for under compulsory
                                    savings in the Employees Provident Fund (EPF).
        S.A.R. Retirement Savings   Both employers and employees have to make
        Scheme                      monthly contributions to the EPF (12% of wages for
                                    employers and 11% of wages for employees).
                                    Employees may make partial withdrawal at age of
                                    50 and full withdrawal at age of 55.

        Employer and Employee
                                    as in EPF above
        Pension Contributions

                                    Under the Employees Social Security (SOCSO)
        Accident Insurance
                                    Insurance Scheme (see below)

                                                                                           Employer may partial or fully subsidise the premium of Group health insurance
        Health Insurance            No provision in law                                    such health insurance in a group covered by insurance premium for executives
                                                                                           companies.                                             are fully subsidised

        Childcare                   No provision in law
        Long Term Care Insurance    No provision in law
                                    Covered by Employees' Social Security (SOCSO)
        Disability Insurance
                                    Act
        Child Allowance             No provision in law




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Bunge                                                                               8609f315-2f70-449b-823a-e6cc23415f84.xls




                                                                        Market Conditions Summary - MALAYSIA
                                      LAW                                                  MARKET                                                    MARKET Example 1   MARKET Example 2

                                                                                           general information
        Social Insurances

                                     This is covered under than Employees' Social
                                                                                           The SOCSO Insurance covers a broad category of
                                     Security (SOCSO) Act as a protection for
                                                                                           protection benefits for employees. These are Invalidity
                                     employees and their families in event of disability
                                                                                           pension, temporary and permanent disability
                                     out of accidents or sickness arising during
                                                                                           benefits,Dependents' benefits, Medical treatment and
                                     employment. The schemes of payment are
                                                                                           Survivors' pension. The pension quantum for
        Pension and disability       financed by compulsory contributions from
                                                                                           employees certified by a medical baord to be invalid
                                     employers and employees (earning below RM2000
                                                                                           amounts to not more than 65% of the last earned
                                     per month) at a rate based on the wages.
                                                                                           wages. Medical expenses for treatment of
                                     Employees earning over RM2000 may opt for this
                                                                                           employment injury by a panel of appointed doctors will
                                     insurance scheme. The beneifts provided under the
                                                                                           be compensated.
                                     SOCSO Act are shown in the right column

        Retirement Savings Sceme
                                     This is the same as the Employees' Provident Fund
        (SAR)

                                     No provided in the law, but there is a provision of
                                     compensation for layoff benefits in the labour law.
                                     - 1 year to 2 years' service - 10 days' wages per
                                     year
        Unemployment insurance
                                     - 2 years' to 5 years' service - 15 days' wages per
                                     year
                                     - 5 years or more years' service - 20 days' wages
                                     per year

        Professional and non-
        professional accident      not provided in law
        insurance
        Loss of earnings insurance
                                   covered by the SOCSO Act as above
        for sickness
                                                                                           Generally companies may have Group Hospitalisation
        Health Insurance             no provision in law
                                                                                           insurance for executive staff.

        Retirement Medical Benefits no provision in law
        Day Care                     no provision in law

        Termination Indemnities




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Bunge                                                                                   8609f315-2f70-449b-823a-e6cc23415f84.xls




                                                                            Market Conditions Summary - MALAYSIA
                                         LAW                                                     MARKET                                                 MARKET Example 1              MARKET Example 2

                                                                                                 general information
                                                                                                                                                       After completion of 10
                                                                                                                                                       years service - 7 days' last
                                                                                                                                                       drawn pay per year of
                                                                                                                                                       service.
                                                                                                 Some employers may indemnify long service             After completion of 20
        Employee termination                                                                     employees who voluntarily resign, except to avoid     years service - 14 days'
                                         no provision in law
        benefit (voluntary)                                                                      dismissal, a quantum of resignation indemnity depends last drawn pay per year of
                                                                                                 on the length of service upon termination.            service.
                                                                                                                                                       After completion of 30
                                                                                                                                                       years service - 20 days'
                                                                                                                                                       last drawn pay per year of
                                                                                                                                                       service.

                                                                                             -
                                         1 year to 2 years' service - 10 days' wages per year    Unless the business is ceased, most employers
        Employee termination             - 2 years' to 5 years' service - 15 days' wages per     practise voluntary separation scheme (VSS) to layoff                                 30 days for each year of
                                                                                                                                                       as in law
        benefit (Layoff)                 year                                                    employees giving employees a higher benefits than the                                service for VSS
                                         - 5 years or more years' service - 20 days' wages       law requires.
                                         per year


        Payroll Services in Malaysia
        Payroll Provider                 Price per paysheet etc                                  Services Performed

        There are HR application
                                                                                                    Payroll management, web enabled HR workflow
        service providers that provide
                                                                                                         applications, employees self service,
        outsource HR services



        Benefits Providers               Provider                                                Cost
        Health Insurance                 Insurance companies                                     premium depends on the amount insured
        Pension                          Government for government employees
        Life Insurance                   Insurance companies                                     premium depends on the amount insured
        Personnel accident insurance Insurance companies                                         premium depends on the amount insured




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Description: Resignation and Notice Period to Company document sample