Employment Law was a subject i was interested in taking up during my degree but sadly it was not available. Now that i am back in my country, i’ve decided to read up my own country Employment Law. So, i took the initiative to buy a book on Malaysian Employment Law or do some search online (hooray for the internet!).
The word ’employee’, in legal terms and in relation to the Employment Act 1955; in which it is the main legislation that governs the Employment Law in Malaysia does not actually mean that the statute applies to all ’employees’ if the word is used in layman terms.
An employee is a person employed under a contract of service or also simply known as a contract of employment.
There is a difference between someone who has been employed under a contract of service and someone who has been hired under a contract for services; whom is not an employee. As a matter of fact, they a person that has been hired under a contract for services is called an independent contractor. An independent contractor is in business for himself/herself. Thus, he/she is self-employed and does not fall under the word ’employee’ protected under the Employment Act 1955. The normal rules of contract law shall apply to such persons.
This can be clearly seen in this example, whereby say, if I were to pay someone to paint my house then this would fall under the category of a contract for service between me and the other person to whom i am paying the services for.
*Disclaimer: This is in no way legal advice. This is just for my own writing to improve my writing skills and knowledge in this area of law.