Employment Law

LIFTING THE CORPORATE VEIL IN INDUSTRIAL DISPUTES (NEW!14/8)

As a general rule, employees who are unfairly dismissed can only sue their direct employers, and not the parent company. This is because each Company is a separate legal identity, and a subsidiary is separated from its holding Company. In the recent case of Ahmad Zahri bin Mirza Abdul Hamid v Aims Cyberjaya Sdn. Bhd. …

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

Under our Employment Law, it is a settled rule that a probationer enjoys similar rights as a full-time employee. As such, you are not allowed to dismiss your probationer without “just cause and excuse”. Having said that, “poor performance” during the probation period can be accepted as just cause and excuse for dismissal. “Poor performance” …

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Everything You Need To Know About The Rights of A Probationer

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 …

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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, …

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I’m Being Sexually Harassed At Work: FAQs on Workplace Harassment

Based on a survey done in the year 2019, 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 …

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COVID-19 Update: Unfair Dismissal in Malaysia.

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. …

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Can Employers Prevent An Employee From Joining A Competitor After The Employment Ends?

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 …

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Movement Control Order (MCO): Common Employment Issues

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 …

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