Hi,
One of my friend work at a small cafe full time without socso, EPF and annual leave . When he wanted to resign, he was told by his boss that according to labour law, he need to serve one month notice period even though there are no written contract/letter. Otherwise, he will only be paid half of his salary entitlement. In my opinion, since there are no written contract, no socso contribution, no epf and even no annual leave, it can be considered that the employee and employer relationship did not exist and my friend are mainly an independent contractor providing services as worker to the cafe therefore he should be paid accordingly and should not be bound by the labour law requirement to serve one month notice period for services less than 2 year.
Please help to clarify on this matter.
Thanks.