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.
Category: Employment & Industrial Relations
Basic Rights of Employees in Malaysia
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.
Restraint of Trade Clauses in Employment Contracts in Malaysia
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.
Women At Work: Knowing Your Rights as an Employee
The contents of this article highlights an extension to your rights as an employee if you are a woman, as provided in the Employment Act 1955 (EA 1955). These rights apply to all female employees regardless of the amount of her wages.
When is the Effective Date of a Director’s Resignation?
When a director tenders his/her resignation, Section 208(2) of the Companies Act 2016 provides that a director may resign by giving written notice to the company at the registered office. The question then arises — is the director’s resignation effective on the date of the written notice or must there be an acknowledgement on the part of the company?
Say No to Workplace Bullying
Workplace bullying are increasing and contravenes the rights of employees and is against the law. It is crucial for companies and organizations to establish internal policies providing avenues for redress in instances of workplace bullying.
Q&A: Employment Issues in light of the COVID-19 situation in Malaysia
In Malaysia, employers have a legal obligation to provide a safe and healthy workplace as prescribed by Section 15 of the Occupational Safety and Health Act 1994 (‘OSHA’). This obligation is entrenched in common law as an implied term in employment contracts. Failure of employers to comply with Section 15 of OSHA will constitute an offence punishable with a fine not exceeding RM50,000 or imprisonment up to 2 years or both, whilst also being susceptible to a civil suit for damages whereby an employee could cite breach of an implied term as the basis for his claim.
Personal Injury Claims: How does the Court assess pain & suffering?
Kim is an employee at a factory that manufactures plastic. On an unfortunate day, there was an explosion at the factory that caused her to suffer serious burns to her entire body and face. Kim is now suing the factory under the tort of negligence. In her claim for monetary compensation, she included a claim for pain and suffering. The question then arises: how much can Kim get for pain and suffering and how is it assessed?
Women At Work: Sexual Harassment
Be it a successful corporate woman, a motherly home-maker or an adolescent undergrad who is about to explore the world and the wealth of knowledge it has to offer, sexual harassment impacts them all the same way – negatively.
Sexual Harassment at the Workplace: Bossku Panggilku ‘Sayang’?
Sexual harassment at workplace is a serious and commonly under-reported problem in this country. In 1999, the Ministry of Human Resources has adopted the Code of Practice on the Prevention and Eradication of Sexual Harassment in Workplace (“the Code”) to provide practical guidance in protecting victims of workplace sexual harassment.