Chapter 4: Findings and Recommendations of the Research Employment is a new phenomenon in the working society. One of the recognized distinctions between Malaysia and the United Kingdom regarding fixed-term worker is the lack of a statutory definition. It should be noted that the definition of fixed-term employment in Malaysia is ambiguous. The Employment Act 1955 does not provide any definition of fixed-term employment. The only reference that reflects fixed-term employment is Article 11 of the Act, where it is implicitly stated that “a contract of service for a specified period of time or for the performance of a specified work shall terminate when the period of work for which this contract was concluded has expired or when the work specified in this contract has been completed. Thus, in the absence of a legal definition to interpret the fixed-term employment contract, Malaysian law has failed to distinguish between workers who have entered into a bilateral employment contract and those who have entered into a trilateral contract , like a temporary worker. Thanks to a statutory definition in its legislation, UK employment law has been able to establish a clear distinction between a fixed-term worker and an agency worker. The Fixed-Term Employees (Prevention of Less Favorable Treatment) Regulations 2002 provided a specific, statutory definition of fixed-term employment which refers to a person whose contract of employment is to end when a date, a specified event or task has been completed. Whereas, the Agency W...... middle of paper ......er the scope of application of section 2 of the Act. As a result, these workers were excluded from the possibility of receiving the benefits and protection provided by law. Therefore, the only option left for these workers to resolve any dispute that arises is to rely on the employment contract that has been entered into with their employer or contractor for labor. The onus is on the worker to prove that the contract he or she entered into with the contractor for the work is the employment contract between him or her and the principal employer. However, such a problem does not exist in the UK as there are specific legislations which cover this problem. The employment relationship of the fixed-term worker who enters into a bilateral contract with the employer is governed by the 2002 Regulations, while the temporary agency worker or the worker employed under a trilateral contract is protected by the 2002 Regulations. 2010..

Essay / Chapter 4: Findings and Recommendations of the Research Employment is a new phenomenon in the working society. One of the recognized distinctions between Malaysia and the United Kingdom regarding fixed-term worker is the lack of a statutory definition. It should be noted that the definition of fixed-term employment in Malaysia is ambiguous. The Employment Act 1955 does not provide any definition of fixed-term employment. The only reference that reflects fixed-term employment is Article 11 of the Act, where it is implicitly stated that “a contract of service for a specified period of time or for the performance of a specified work shall terminate when the period of work for which this contract was concluded has expired or when the work specified in this contract has been completed. Thus, in the absence of a legal definition to interpret the fixed-term employment contract, Malaysian law has failed to distinguish between workers who have entered into a bilateral employment contract and those who have entered into a trilateral contract , like a temporary worker. Thanks to a statutory definition in its legislation, UK employment law has been able to establish a clear distinction between a fixed-term worker and an agency worker. The Fixed-Term Employees (Prevention of Less Favorable Treatment) Regulations 2002 provided a specific, statutory definition of fixed-term employment which refers to a person whose contract of employment is to end when a date, a specified event or task has been completed. Whereas, the Agency W...... middle of paper ......er the scope of application of section 2 of the Act. As a result, these workers were excluded from the possibility of receiving the benefits and protection provided by law. Therefore, the only option left for these workers to resolve any dispute that arises is to rely on the employment contract that has been entered into with their employer or contractor for labor. The onus is on the worker to prove that the contract he or she entered into with the contractor for the work is the employment contract between him or her and the principal employer. However, such a problem does not exist in the UK as there are specific legislations which cover this problem. The employment relationship of the fixed-term worker who enters into a bilateral contract with the employer is governed by the 2002 Regulations, while the temporary agency worker or the worker employed under a trilateral contract is protected by the 2002 Regulations. 2010..

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