In a redundancy situation where the company decides that a reduction of cost is necessary, the company may choose to terminate certain employees’ contract of service on the basis that there is a surplus of labour. The process in which such termination is carried out is known as a “retrenchment”. While companies generally have the prerogative to manage and organize their businesses, the company still owes the employees a duty to ensure that the employees are not unfairly dismissed.
There is a set of rules and requirements to comply with in the event a retrenchment exercise is carried out. Any flaws in the retrenchment process may result in an unfair dismissal suit being initiated by the employee. In the Industrial Court, the company will have to prove that the circumstances rendered the employees’ functions and job roles to be of surplus and therefore redundant. The company will also have to prove to the Industrial Court that the retrenchment exercise was carried out in good faith.
Our services and support include, but is not limited to the following areas:
- Advising on the employees’ redundancy
- Advising on the principle of “Last In, First Out” (LIFO)
- Advising on the different rights of foreign employees.
- Advising on the compliance of the Code of Conduct for Industrial Harmony.
- Advising on the retrenchment benefits.
- Assisting with statutory forms
- Advising on the voluntary separation scheme.
- Advising on the employees’ position and rights in the event of merger & acquisition (if any).
- Representing the employer or employee in the Industrial Court.
Reviews & Testimonials
- “When our organization encountered a complex employment case, we sought the expertise of MWKA, and I’m thankful we did. John Chan’s legal knowledge is truly reassuring. He responds whenever he’s available, even outside of working hours, should you have a question. If he’s tied up in court and can’t reply promptly, he’ll let you know in advance to ease your concerns. This gesture alone shows his genuine commitment to his clients. John consistently goes above and beyond in his service. He’s been gracious enough to answer questions that even fall outside the immediate scope of our case, which we deeply appreciate. If you’re in a tight spot and need someone who has got your back, I’d wholeheartedly recommend MWKA.” – LY Tai, Passion Republic Sdn Bhd
- “Mr. John Chan was the one who assisted me with my enquiries. I can say that he is very approachable and knowledgeable regarding my employment matter. I am very grateful to have found their website online and for their quick response when I emailed them. Highly recommended.” – Mae, Philippines
- “I am very pleased with MahWengKwai & Associates’ services in particular, John Chan. My dealings with him have been professional, efficient and timely. John is very responsive in addressing any concerns that we have and helping us through the process. Thank you for your excellent service! We are happy with the outcome. Highly recommending MWKA to my HR network.” – Nicole Liew, Hitachi Construction Machinery (Malaysia) Sdn Bhd, Petaling Jaya, Malaysia
- “Diana Cheak is amazing and straight to the point, very knowledgable and helpful.” – Stanley Chee (Co-Founder), SalesCandy, Kuala Lumpur
Our Employment Department offers consultation on a retainer basis to businesses and employers. Our hassle-free retainer gives you access to our qualified lawyers by email, phone or in meetings at our office.READ MORE →