THE RESULT OF THE RESEARCH4.1.1 ABSENCE OF LEGAL DEFINITIONSThe literature collected and observed by researchers, scholars from all over the world has managed to highlight that fixed-term contracts employment is a new phenomenon in the working society. One of the recognized distinctions between Malaysia and the UK regarding the fixed-term worker is the absence of a statutory definition. It is evident that the definition of temporary employment in Malaysia is ambiguous. The Employment Act 1955 provides no definition of fixed-term employment. The only reference that reflects fixed-term employment is section 11 of the Act, where it is implicitly stated that “a contract of service for a specified period of time or for the performance of a specified part of work ends when the period of time for which such contract was made has expired or when the work specified in such contract has been completed.” Therefore, in the absence of a legal definition to interpret the fixed-term employment contract, Malaysian law has failed to distinguish between workers who have entered into a bilateral employment contract and those who have entered into a trilateral contract such as an agency worker . Thanks to the statutory definition in its legislation, the UK's employment laws have been able to draw a clear distinction between the fixed-term worker and the agency worker. The Fixed Term Employees (Prevention of Less Favorable Treatment) Regulations 2002 provided a specific and legal definition of fixed term employment which refers to a person with a contract of employment which is intended to end when a date, an event or a specific task has been completed. completed. Whereas Agency W...... halfway through the document ...... falls within the scope of Section 2 of the Act. As a result, these workers were excluded from claiming the benefits and protections afforded by the law. Therefore, the only option left for these workers to resolve any disputes that arise is to rely on the employment contract entered into with their employers or labor contractors. The onus is on the worker to prove that the contract he has entered into with the work contractor is the contract of employment between him and the principal employer. However, such a problem does not exist in the UK as it has specific legislations covering this issue. The employment relationship of the fixed-term worker who stipulates a bilateral contract with the employer is governed by the 2002 Regulation, while the temporary worker or the subordinate worker with a trilateral contract is protected by the Regulation of 2010.
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