Malaysia legislation
Section 12
Section 12
(2)
The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service, or, in the absence of such provision in writing, shall not be less than—
(a)
four weeks’ notice if the employee has been so employed for less than two years on the date on which the notice is given;
(b)
six weeks’ notice if he has been so employed for two years or more but less than five years on such date;
(c)
eight weeks’ notice if he has been so employed for five years or more on such date:
Provided that this section shall not be taken to prevent either party from waiving his right to a notice under this subsection.
42
(3)
Notwithstanding anything contained in subsection (2), where the termination of service of the employee is attributable wholly or mainly to the fact that—
(a)
the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed;
(b)
the employer has ceased, or intends to cease, to carry on the business in the place at which the employee was contracted to work;
(c)
requirements of that business for the employee to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish;
(d)
the requirements of that business for the employee to carry out work of a particular kind in the place at which he was contracted to work have ceased or diminished or are expected to cease or diminish;
(e)
the employee has refused to accept his transfer to any other place of employment, unless his contract of service requires him to accept such transfer; or
(f)
a change has occurred in the ownership of the business for the purpose of which an employee is employed or of a part of such business, regardless of whether the change occurs by virtue of a sale or other disposition or by operation of law, the employee shall be entitled to, and the employer shall give to the employee, notice of termination of service, and the length of such notice shall be not less than that provided under paragraph (a), (b)
or (c) of subsection (2), as the case may be, regardless of anything to the contrary contained in the contract of service.
(4)
Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice.
Labour 43
Termination of contract without notice