Malaysia Employment Law Updates as of 25th October 2017 Employment Insurance Scheme (EIS) Bill 2017: Tabled on 1 August 2017. Now deferred to the next reading on October 2017. Provides for post-exit benefits and re-employment assistance. Percentage of wages can be claimed for up to 6 months of unemployment for job search. Other claims include for […]
Category Archives: Articles
Whats the difference in managing disciplinary issues between intentional misconduct and conduct due to negligence and lack of training in Malaysia? In managing disciplinary issues it is vital to discern the difference between intentional misconduct and conduct due to negligence, and lack of training. Intentional misconduct has the element of deliberate action that requires decisive […]
In a case of criminal misconduct. How does the High Court sees it? Case Study: I Bhd v. K A Sandurannehru Ratnam & Anor [2004] 5 CLJ 460 What?!! In a case of criminal misconduct, all that is needed by an employer is just reasonable grounds for believing or reasonable suspicion amounting to a belief in […]
Highlight of the week: Employment Insurance System (EIS) Bill 2017 (In chronological order from 7/8/17 until 1/8/17) “We will not delay this meeting. It is a tripartite responsibility between the Government, employers and workers so that all three parties can come to an agreement on the Bill said Minister in the Prime Minister’s Department Datuk […]
Is it a checkmate for a company if it fails to state the reason of an employee’s dismissal in his letter of termination? Perhaps it is not. There may still be a second chance for the company. Arguably, the company may still subsequently put up the reason for dismissal in court (by way of pleadings) […]
How do you determine whether an employee is a confirmed employee or still a probationer in Malaysia? Abu (not his real name) believed that he is a confirmed employee as he had completed his probationary period of 3-month and had been working in the company for 1 year. The company had neither extended his probationary […]
How should an employer deal with a non-performer in Malaysia? Generally, there are three (3) requirements that need to be satisfied by an employer before it may terminate an employee on ground of poor-performance. The said three (3) requirements are as decided in numerous cases one of which is in the case of Ireka Construction […]
The new Employment Insurance Scheme (EIS) bars Employers from cutting wages and benefits in Malaysia Based on report as per the Malay Mail Online, the novel Bill for the Employment Insurance Scheme or better known as EIS was tabled for the first reading in the Dewan Rakyat by Human Resource Minister Datuk Seri Richard Riot Jaem today. […]
Can’t terminate a Manager on a ground that the Manager is not performing because the Manager had not been warned of any shortcomings in Malaysia? A Manager tells his superior “Boss, you can’t terminate me on a ground that I am not performing because you had not warned me of any shortcomings”. Is the Manager […]
Can an action be taken against a rude employee? Can he or she be dismissed? Generally, the law on this issue states that an isolated incident of rudeness does not merit the penalty of dismissal as in the case of Kie Gwan Shipping (M) Sdn. Bhd. -v- Govindasamy A/L Muniandy [1991] 2 MELR 117. However, […]