Malaysian business law issues

Arthur, Ian, and Ricky are lorry drivers for East End Ltd, a haulage company. They

have all been employed for three years. Employees at the company receive both holiday

pay and sick pay. All of the lorry drivers are used on different terms. Arthur is paid per delivery, although he is guaranteed a minimum of 20 deliveries a

week. His lorry is provided by the company, although he must maintain it. Arthur also

gets instruction from the company to do extra delivery of the weeks. But the company

refuses to pay for the overtime works. He also needs to be working more than 8 hours a

day. Ian and Ricky are on identical terms. They are paid a minimum weekly wage (which is

the equivalent of 20 deliveries) and, after that, per delivery. They use company lorries, which the company maintains. They may also substitute a driver, but only with written

permission from the company. Ian receives no holiday or sick leave in his contract of

employment. Ricky used to receive his wages net, but, recently, the company did not

pay the wages to Ricky. Ricky is also responsible for his own SOCSO and EPF. Last week, Ian was injured when he had an accident during his working hours. The

company argues that it has no liability towards any of them as they are all self- employed. Advise Arthur, Ian, and Ricky if they are employees and may therefore claim against the company

Question :

Explain the legal issues Ricky is facing.

Follow the four steps below:

1 legal issues

2 Introduction

3 body

4 conclusion

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