ANSWER ALL THE QUESTION.

Duri Sdn. Bhd. (the company) has been incorporated for 20 years. In the year of 2021, several problems occur which involve legal matters related to human resources.

Jan has been working with the company for 12 years. The company wants to terminate Jan' service and serve him with one week's notice as the company feels that he has been working at the company for too long. Jan argued that the notice was too short, but the company claimed that it was nice for the company to even serve the one week's notice since nothing in the contract states that the termination requires notice. Jan is now has taken a legal action against the company.

The company just hired a new worker, Danno. However, a day before he start, he was arrested by the police for drug offense and has been sentenced to five years imprisonment. After five years, Danno go back to the company and wants to report for duty. However the company states that they no longer interested in taking Danno. Danno argued that there is a valid employment contract between him and the company.

The company has a staff where his probation period in his contract has lasted a week ago. His performance is not satisfactory even after four months working. The company wants to terminate him but they are not sure on his current status under the law whether he can be considered as permanent staff.

The company had transferred Salim, a worker who previously work at Finance Department to Security Department, under the reason that the Administration Department has lacked manpower. However, it is actually because the company did not like him in the Finance Department and wants to demote him. This has been done without any prior notice given to Salim as the company feels that employer has power to transfer their workers according to their wish. The company do admit that the job scopes are different, nevertheless they still did transfer Salim. Salim now has resigned and now wanted to sue the company for unfair dismissal, which puzzled the company as he was the one who terminated the employment contract.

Advise the parties.