Wednesday, 31 May 2023 3:00 pm – 4:00 pm Industrial Court vs Labour Court: Understanding the Process, the Law and Recent Amendments to Protect your Rights About this talk Confused about the differences between the Labour Court and the Industrial Court? Recent amendments to the Employment Act 1955 and the Industrial Relations Act 1967 have…

Wednesday, 19 October 2022 3:00 pm – 4:00 pm Forced Resignation vs Constructive Dismissal About this talk Forced resignation and constructive dismissal are often confused. While both result in a loss of employment, it is important to correctly identify the claim before initiating or defending the claim at the Industrial Court. Join us for this…

The Employment Act 1955 is the main legislation governing the employer-employee relationship in Malaysia. Updates to the Employment Act 1955 have been long overdue as there have been many concerns and gaps in relation to the protection afforded to employees. On 30 March 2021, the Employment (Amendment) Bill 2021 was passed by the Dewan Rakyat…

Wednesday, 25 May 2022 3:00 pm – 4:00 pm Differentiating Between Employees and Independent Contractors to Avoid Unfair Dismissal Claims About this talk Many businesses incorrectly assume that they can engage “independent contractors” instead of as “employees” to avoid certain employer responsibilities. However, claims for unfair dismissal by “independent contractors” can succeed if the Industrial…

Repeatedly calling a person “sayang” and flirting with colleagues are acts that are frowned upon in a professional work environment. However, do these acts actually amount to sexual harassment? In a survey by Women’s Aid Organisation, 62% out of the 1,010 Malaysian women surveyed reported that they experienced some form of sexual harassment in their…

Wednesday, 15 September, 2021 3:00 pm – 4:00 pm The Do’s and Don’ts of Retrenchment About this talk Many companies are experiencing severe cash flow difficulties as a result of the COVID-19 pandemic and the lockdowns imposed by the government. In order to survive, employers may be forced to retrench their employees as they restructure…

Wednesday, 7 Oct, 2020 3:00 pm – 3:45 pm Managing Poor Performance About this talk Employee’s performance at the workplace is a rising concern amongst most employers, particularly since the implementation of the Movement Control Order (MCO). The law allows an employer to terminate an employee if the employee’s performance is found to be unsatisfactory….

It is common practice for employers to hire employees under fixed term contracts in Malaysia. A fixed term employment contract is a contract for a specific period of time only. An employer’s primary intention in offering a fixed term employment contract is usually so that the employer does not have to commit to the permanent…

Wednesday, 12 Aug, 2020 3:00 pm – 3:45 pm Does the Non-renewal of Fixed Term Employment Contracts Amount to Unfair Dismissal?   About this talk It is common for businesses to hire employees on a fixed term contract, on the assumption that the renewal of the fixed term contract is at the option of the…

  1. Minimum Retirement Age Act 2012 The minimum retirement age for employees in Malaysia is regulated by the Minimum Retirement Age Act 2012 which came into force on 1 July 2013. 2. Minimum retirement age is 60 The minimum retirement age of an employee shall be upon the employee reaching the age of 60…

Friday, 3 July, 2020 3:00 pm – 3:45 pm Employee Misconduct and Domestic Inquiry     About this talk As an employer, what can you do if your employee violates the company’s rules or policies? What disciplinary action can be taken against the employee? Can you dismiss your employee summarily? Join us for this online…

By Tommy Wong Benchmark Litigation is a definitive guide to the world’s leading litigation firms and lawyers. On 4.5.2020, Benchmark Litigation Asia-Pacific released its ranking for 2020, and MahWengKwai & Associates is pleased to announce that we have been ranked on Benchmark Litigation Asia-Pacific 2020 on the following practice areas: Commercial and Transactions: Tier 4…

Friday, 8 May, 2020 11:00 am – 11:45 am Unfair & Constructive Dismissal Claims Due to Pay Cuts, VSS and Retrenchment About this talk Is your business carrying out pay cuts, voluntary separation schemes (VSS) or retrenchment in order to survive the economic downturn caused by the COVID-19 pandemic and the Movement Control Order (MCO)?…

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