Does Absenteeism Justify Immediate Dismissal?

Employee absenteeism is a common and recurring problem faced by employers in Malaysia. A survey by the Malaysian Employers Fede­ra­tion (MEF) in 2016 found that Malaysian companies suffer more than RM6 billion in yearly costs for man-days lost through the absence of their employees. This article will explore the realities and considerations for employers in dealing with employees' absenteeism without leave.

The law

Section 15(2) of the Employment Act 1955 provides that an employee shall be deemed to have breached his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence. Section 13(2) provides that either party to a contract of service may terminate such contract of service