What if your tenant doesn’t pay rent? Apply for a Writ of Distress.

Tenants who currently skip rent payments due to the coronavirus pandemic are protected by our COVID-19 Act. Having said that, this Article looks at the Landlord remedies for non-payment of rent, if the COVID-19 Act, which is due to expire on 31st December 2021, is not extended. If you’re having trouble ensuring your Tenants pay … Read more

Understanding Garnishee Proceedings in Malaysia.

What happens when you win and the losing party in a Court case refuses to pay you? Yes, you have won the case, and yes, the Judge has pronounced the Judgment in your favour. What can you do when this happens? In this event, you should consider taking out Garnishee Proceedings to enforce the Court … Read more

Business Owners Beware: Parent Company can be sued by Employee of a Subsidiary- Industrial Dispute

Under normal circumstances, an employee of a Subsidiary Company who are unfairly dismissed cannot sue the Parent Company. This is because each Company is a separate legal identity, and a Subsidiary is separated from the Parent Company. However, in the recent case of Ahmad Zahri bin Mirza Abdul Hamid v Aims Cyberjaya Sdn. Bhd. [2020] … Read more

Probationary Employees: What Employers Need to Know

The realisation that you may have had a bad hire is worrisome. During this probation period, you as the Employer can assess their abilities and suitability in the Company. Likewise, the probationer can determine if he or she wants to stay with the organisation after the period ends. Notably, there is no legal requirement under … Read more

Making Sure A SMEs Business Is Worth Buying: Legal Due Diligence

Many buyers think of skipping due diligence as they believe they already have a clear understanding of the target company. But it is vital for buyers to always remember that there may still be aspects of legal liabilities that were intentionally hidden from them. Due diligence can you help you identify the possible red flags … Read more

Are Employers Required to Warn Their Probationers In Senior Roles in a Company about Their Poor Performance Before Dismissing Them?

Under Malaysia employment laws, a probationer enjoys similar rights as a full-time employee. As such, an Employer is not allowed to dismiss her probationer without “just cause and excuse”. Having said that, a probationer can be dismissed for poor performance. In simpler terms, a “poor performance” is when the probationer’s job performance falls below the … Read more

Covid-19 Updates: Data Protection Obligations for Employers During the RMCO

On 7th June 2020, the Government announced the Recovery Movement Control Order (“RMCO”) effective 10th June 2020 through 31st August 2020. Under the RMCO, additional restrictions are lifted, and most businesses are allowed to operate with adherence to strict standard operating procedures (‘SOP’). During the RMCO, businesses, particularly the retail businesses are required to take … Read more

FAQs on the ‘Wage Subsidy Programme’

In this article, we aim to provide some guidance about the Wage Subsidy Programme for all business owners, and SMEs in Malaysia. It should be pointed out that the financial incentives under the Wage Subsidy Programme is to encourage Employers to continue hiring eligible employees in ongoing jobs without resorting to retrenchment. In other words, … Read more

New Anti Corruption Law Malaysia, and How Are Your Businesses Affected?

“Corporate Liability Provision” Under Section 17A The new Section 17A MACC Act [1], which will come into effect 1st June 2020, (hereinafter referred to as “the new provision”) is of great significance for all companies incorporated in or carrying on business in Malaysia. The new provision will impact businesses of all shapes and sizes regardless … Read more

6 Reasons Why You Should Have A Shareholders’ Agreement.

A Shareholders’ Agreement is a legally binding contract entered between the shareholders of a company. Although, it is not a legal requirement, having a well-prepared agreement drafted by your lawyers can act as a safeguard. The main purpose of this important agreement is to protect the shareholders’ investment in the company and to regulate the … Read more