Adjudication in Malaysia
Adjudication Proceedings are an economical and expedient method for contractors to recover debts due and owing to them from the Main Contractor or Developer.
Judicial Management in Malaysia
One of the many ways in which the Companies Act 2016 offers relief to financially distressed companies is through a corporate rescue tool known as judicial management.
Legal Obligations of an Employer during a Retrenchment
One of the many commercial decisions a financially distressed company might make is the retrenchment of its employees. We outline four legal obligations borne by an employer during a retrenchment.
Divorce Within 2 Years
Section 50 of the Law Reform Act (Marriage and Divorce) Act 1976 provides that one cannot get divorced within 2 years of marriage.
The absence of employees in the workplace detrimentally affects productivity and costs Malaysian companies more than RM6bn in yearly costs as surveyed by the Malaysian Employers Federation (MEF) in 2016.
Laws on Maternity Leave in Malaysia
The statutory period of maternity leave has been increased from 60 days to 98 days, as per section 12 of the Employment (Amendment) Act 2022
Retrenchment, Voluntary Separation Schemes and Mutual Separation Schemes
The termination of employment entails difficult decisions the law provides several methods of termination, three of which will be discussed.
Probation in Employment Law
A common practice in the Malaysia labour market is the practice of probation, where a new employee upon joining is put under a probation period typically lasting three to six months.
Misconceptions in Malaysian Employment Law
In 2018 alone, a staggering sum of RM34 million was awarded by the Industrial Court
Dismissal for Poor Performance in Malaysian Employment Law
Employers can dismiss an employee for poor performance, yet dismissal for poor performance is still governed by features of section 20 of the Industrial Relations Act 1967
Handling Disciplinary Issues at the Workplace
From a legal standpoint, it is important for an employer to effectively deal with disciplinary issues in the workplace.