THE FINDING OF RESEARCH
4.1.1 ABSENCE OF STATUTORY DEFINITION
The literatures that have been gathered and observed by researchers, scholars from all over the world has succeeded in pointing out that fixed-term contracts employment is a new phenomenon in the labour society.
One of the recognised distinctions between Malaysia and United Kingdom concerning the fixed-term worker is the absence of statutory definition. It is noticeable that the definition of fixed-term employment in Malaysia is ambiguous. The Employment Act 1955 does not provide any definition on fixed-term employment. The only reference that reflects fixed-term employment is section 11 of the Act, where it state impliedly that “a contract of service for a specified period of time or for the performance of a specified piece of work shall terminate when the period of time for which such contract was made has expired or when the piece of work specified in such contract has been completed”. Hence, with the absence of statutory definition to interpret fixed-term employment contract, the Malaysian law has failed to distinguish between the workers who concluded a bilateral employment contract, with the one who concluded a trilateral contract such as an agency worker.
In contrast, as a result of having a statutory definition in its legislation, the United Kingdom employment laws were able to draw a clear distinction between the fixed-term worker and the agency worker. The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 has provided a specific and statutory definition of fixed term employment which refers to a person with a contract of employment which is due to end when a specified date, event or task has been completed. Whereas, the Agency Worker Regulation 2010 defines the agency worker as individuals who enter into a contract with a temporary work agency and who are supplied by that agency to work temporarily under the supervision and direction of the client or the ‘hirer’. Thus, the existence of the statutory definition on the fixed-term employment create a big impact as it gives legal recognition to this type of employment as opposed to the law in Malaysia.
4.1.2 LACK OF LEGAL PROTECTION
18.104.22.168 SECURITY OF TENURE
One of the dilemma that is suffered by the fixed-term workers in Malaysia is the lack of security of tenure. This is due to the nature of fixed-term employment which will be terminated upon expiry of a term or upon completion of a specific task. The employers often take advantage over this matter through the use of successive renewal of employment contract without the intention to make the worker as permanent worker. This situation is mainly contributed by the absence of legislation to impose limitation of number of successive renewal allow for a worker...