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
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
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
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
Based on a recent survey, over a third of Malaysian women experienced sexual harassment at workplaces. In most cases, the victims chose to remain silent because of embarrassment, fear of retribution, or thought that speaking out would make no difference. In this article, we aim to raise awareness on workplace sexual harassment from the law … Read more
The Malaysian Government has issued a Movement Control Order (“MCO”) to contain the spread of Coronavirus (Covid-19), taking effect from 18th March to 28th April. During this period, all government and private business premises are forced to shut down, save for essential services in areas such as utilities, telecommunications, transport, banking, health, and food supply. … Read more
You may have seen this type of clause in your employment contract: “After the termination of employment for any reason whatsoever, the employee shall not for a period of 12 months from the date of termination carry out any business of any nature that is similar in nature to or is in competition with the … Read more
To control the spread of the Coronavirus pandemic (Covid-19), the government announced the Movement Control Order (MCO) on 16.3.2020. Following this, many businesses are required to close their premises from 18th March to 14th April 2020. This announcement has affected businesses and companies across the country, and has caused great concerns among both employers and … Read more