If you have been unfairly dismissed by your employer, you have the right to file a representation under Section 20(1) of the Industrial Relations Act 1967 (IRA) for reinstatement to your former employment. This is commonly referred to as a claim for unfair dismissal in the Industrial Court. Remedies Available Upon finding that the dismissal…
In Malaysia, probationary periods are a standard practice in employment, serving as a trial phase for employers to evaluate new hires before offering permanent positions. This period is critical for assessing skills, behavior, and organizational fit. However, misunderstandings about probationers’ rights and employers’ obligations often arise. This comprehensive guide explores five key aspects of probationary…
1. What is a domestic inquiry? 1.1 A domestic inquiry is an internal disciplinary proceeding conducted by an employer to make a finding as to whether a given employee has committed an act (or acts, as the case may also be) of misconduct in breach of his terms of employment. Misconduct is not defined under…
Due to the recent amendment of the Employment Act 1955 (“the Act”), there is an increasing concern among the employers regarding the payment of overtime. The employers are piled with the pressure to pay employees earning RM 4,000 or less with overtime allowance as this would undoubtedly raise the operational costs involved in business. Many…
The Industrial Relations (Amendment) Act 2020 have made significant amendments to the Industrial Relations Act 1967, one of which is the deletion of section 33A of the Act and the introduction of section 33C to the Industrial Relations Act 1967. Previously under section 33A of the Industrial Relations Act 1967, any challenge towards the Industrial…
Entitlement Holiday by An Employee the National Day; the Birthday of the Yang di-Pertuan Agong; the Birthday of the Ruler of the State or Yang-di-Pertua Negeri or Federal Territory in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day; the Workers’ Day; and the Malaysia Day; and…
Restraint of Trade in Employment Contracts: Understanding What it is and How it Impacts Employers & Employees Introduction On 29th of May 2021, Malaysia has reported a daily record of 9,020 new Covid-19 cases, its highest daily toll since the start of the pandemic. The drastic increase of Covid-19 cases in Malaysia and in fear…
DEFINISI Secara amnya, pemecatan terancang (Constructive Dismissal) bermaksud perbuataan seseorang pekerja dalam menamatkan pekerjaannya disebabkan oleh pelanggaran oleh majikan pada perjanjian pekerjaan. Pelanggaran tersebut harus membentuk satu pelanggaran yang kritikal sehingga ianya mampu mengubah syarat-syarat atau dasar penting dalam perjanjian pekerjaan tersebut. Pelanggaran tersebut juga telah mewujudkan satu situasi di mana pekerja tidak lagi mempunyai…
COVID-19 has become a global pandemic. The outbreak of COVID-19 deadly virus is an unfortunate crisis and the situation we are now facing is unprecedented in history. On 16 March 2020, Prime Minister had announced a Movement Control Order (“MCO”) throughout the country effective March 18 to 31. With the escalating COVID-19 outbreak, the MCO…
View CN Version The 28 days lockdown period is only temporary. Serious commercial consequences will follow after this period. Businesses will be facing uphill challenges in fulfilling their contractual duties in a normal way due to the increasing restrictions and limitations imposed by governments around the world. Examples of questions you may have: – 1….
