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…