Practice Area
We specilise in
Employment Law/Relation
The term “Employment Law” has frequently been interchangeably used with “Labour Law”, in different jurisdictions and at different times.
What Is
Employment
Law/Relation ?
Employment Relation refers to the relationship between the Employer and Employee, and is governed by the Employment Law. Employment Law in Malaysia consists mainly of statute and common law.
There are multiple statutes that govern the Employment Relationship, some of the main ones are listed below:
- Employment Act 1955;
- Employees Provident Fund Act 1991;
- Employees’ Social Security Act;
- Industrial Relations Act 1967;
- Minimum Retirement Age Act 2012; and
- Minimum Wages Order 2022
For common law, it is the interpretation of the law by judges or certain sets of principle developed by the judiciary/court to address the issues not specifically addressed in statute but arise in employment sphere, such as the concept of force resignation, constructive dismissal, retrenchment and redundancy.
What type of services
can our Penang Employment Lawyers Team provide?
As employees form an integral part of Company, it is vital for employers to adopt proper approach in dealing with their employees from pre-employment until post-employment. Our Penang Employment Lawyers have the skill set and acumen to assist your Company in fostering good Employment Relations with your employees.
An overview of
our professional services
The Journey of A Thriving Employment Relation starts here
Drafting/Review of Employment Contract for rank-and-file staff to senior management and expatriate employees
Preparing/Review Employee Handbook & various Policies Document
Drafting/Advise on Confidentiality, Invention, and Restrictive Covenants Agreements
- Employee Disciplinary Issues and correct process leading to Employment Termination
- Managing Poor Performance
- Retrenchment and rightsizing exercise Guidance in carrying out Voluntary Separation Scheme or Mutual Separation Arrangement
- Transfer and relocation of employee
- Establishment and administration of pension funds, employee share option schemes and other remunerative schemes
- Merger and Acquisitions (M&A)
- Assisting in answering audit queries from various stakeholders, eg. Customer audit, labour/industrial and human rights group (Responsible Business Alliance (RBA) – formerly EICC, etc)
- Handling employee’s dispute on terms and conditions/entitlement at domestic level
- Conducting labour audit on the company to ensure compliance with local labour laws and regulations
Post-Employment
Relation
- Legal representation for Employers (before Employment Tribunals, various levels of the judicial hierarchy, Quasi-Criminal proceedings)
- Challenging Industrial Court Awards and Labour Court decisions
- Enforcing Confidentiality Agreement
- Civil litigation against former employees
- Defending tortious claim brought by former employees
Other
Services
We also provide, upon request, the following training for companies:
- Practical Skills Training & Development on handling employment relationship
- Public Courses & In-House Trainings on legal issues pertaining to Labour, Industrial & Trade Union matters.
Employment Law/Relation FAQs
Have lots of questions in your mind? Checkout our detailed list of FAQs.