TF Leow & Associates

Employment Law/Relation

FAQs

When does a business need Employee Handbook?

As early as possible. Employee Handbook could help to set out what are the general expectations of the business toward its employees. Employee Handbook can also regulate the activities and behaviour which are prohibited by the business and consequences of any breach by employees.

Why do business need Employee Handbook when there is employment contract?

Employees Handbook supplements and explains in more detail the employment terms and conditions. As Employee Handbook generally lists down a string of minor and major misconduct which are not allowed in the business, it reduces the need to include all these clauses into the employment contract.

What recourse do I have if employee resigns without serving his/her notice period?

It depends. If the employee’s salary is up to RM5,000.00, the Director General of Labour can inquire into and decide on the payment of outstanding notice period by the employee as stated in the employment contract. If the employee’s salary is above RM5,000.00, you could only recover the payment for outstanding notice period via civil suit.

Does company have the right to be represented by lawyer at Labour Court and Industrial Court?

Yes. Company has the right to appoint the lawyer of its choice to represent and defend the Company at both Courts, upon fulfilling certain conditions.

What will happen if the Company decides not to defend the suit or claim brought by employee against the Company?

The outcome of the suit or claim at either Industrial Court or Labour Court will still be binding on the Company. If the Company is not able/refuse to comply with the monetary sum awarded by the court, the employee may enforce the judgment against the Company via various means

What rights does an employer have concerning its employees?

Generally, employer has the right to determine the work scope of the employee, set the rules at work place, discipline the employee for misconduct, manage the performance of the employee and setting the remuneration packages, according to the law.

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We Specialise In

Employment / Labour,

Industrial &

Trade Unions matters