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Category: Employment & Industrial Relations

Voluntary or Mutual Separation Schemes & Retrenchment

Posted on February 23, 2021February 23, 2021 by Sheena Wong

The difference between VSS, MSS and retrenchment is simply the voluntariness of leaving the position employed, and the mode of which this is done.

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7 Questions on the Laws governing Probationers in Malaysia

Posted on February 3, 2021February 3, 2021 by Kishen Nathan

When hiring new employees, employers will usually put them on a “probation”. The purpose of the probationary period is to allow employers to assess whether the new employee is suitable for the role and whether they will be a good fit for the company.

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Forced Resignation: Factors the Courts Consider in Determining Forced or Voluntary Resignations

Posted on January 29, 2021 by Kishen Nathan

“It will be clear that the underlying basis of the doctrine of [forced resignation] is the existence of facts showing that an employee was put under compulsion to resign and that if he declined to do so, the employer would proceed to dismiss him in any event.”

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Sexual Harassment: Duty Of Employers, Policies & Legal Recourse For Employees

Posted on January 26, 2021January 26, 2021 by Ivan Aaron Francis

Sexual harassment in the workplace is nothing new, and as I write this article I feel as if I may be beating a dead horse. Though this area has been extensively discussed, I will do my best to not only discuss the legal aspects of it, but also offer practical solutions to both employers and employees.

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Case Spotlight: Minimum Retirement Age and Fixed Term Employees

Posted on January 13, 2021January 13, 2021 by Kishen Nathan

The Industrial Court dealt with the issue of an employee who was placed on a fixed term contract after being retired in Wong Mei Yoke v Tien Wah Press Malaya Sdn Bhd [2018] 1 ILR 20. The decision of this case changed the legal landscape on fixed terms contracts in Malaysia.

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Video Conferencing in Unfair Dismissal Claims

Posted on December 29, 2020December 29, 2020 by Kishen Nathan

The use of video conferencing in Courts is not new. Due to COVID-19 and the Movement Control Order, the civil courts have also allowed more hearings to be conducted online. We have even recently seen a Court of Appeal hearing live-streamed on the judiciary’s website. Can the same be adopted by the Industrial Court?

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Basic Rights of Employees in Malaysia

Posted on December 22, 2020December 22, 2020 by Sheena Wong

Employees whose monthly salary does NOT exceed RM2,000 is protected under the Employment Act whereas others are considered as the “Non-EA Employees” which will usually be governed by the terms of their contract of employment. However, most employers still use the Employment Act benefits as a guideline or “bare minimum”, even for the Non-EA Employees.

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Dealing with Difficult Employees

Posted on December 22, 2020December 22, 2020 by Kishen Nathan

Although the notice period issue is only looked at from the lens of an employee most of the time, it should not be overlooked that employers similarly have rights to ensure that a resigning employee complies with their contractual obligations. An abrupt resignation or abandonment of employment can cause an employer loss and damage as there would be an unplanned vacancy.

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The Nexus between Manual Labour & the Employment Act 1955

Posted on December 14, 2020December 14, 2020 by Kishen Nathan

According to the Cambridge Advance Learners Dictionary, an ‘employee’ is defined as “someone who is paid to work for someone else”. While the word in itself appears to encompass all employees, not all employees are provided for under the Employment Act 1955.

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Restraint of Trade Clauses in Employment Contracts in Malaysia

Posted on December 4, 2020December 9, 2020 by Sher Min Yap

It does not take a genius to be aware that the economy is not in its best state right now. Thus, it is only natural that such a situation would clearly affect the employment status and jobs of many. Some of these scenarios may include employees becoming dissatisfied with their current employment or even start questioning as to whether it is simply time to move on and spread their wings elsewhere.

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