Malaysian Employment & Industrial Relation Law is a comprehensive practitioner’s handbook covering the full employment relationship — from contracts and statutory minimum terms to termination, misconduct, poor performance, constructive dismissal and retrenchment, as well as dispute resolution and remedies. It covers Peninsular Malaysia, Sabah and Sarawak and states the law as at 1 September 2026, incorporating key recent legislative amendments.
Grounded in the governing statutes and leading Industrial Court and superior court decisions, the book explains both the legal principles and the evidence and procedures required to establish them. It provides practical guidance on the Industrial Court, Labour Court and civil courts, appeals and judicial review, supported by specimen cause papers in English and Bahasa Malaysia, checklists, worked computations, case digests, templates and practical examples.
Key Highlights
– Comprehensive lifecycle coverage: Follows the employment relationship from engagement to termination and litigation, covering the Industrial Court, Labour Court, statutory appeals, judicial review and forum selection.
– Coverage of Sabah and Sarawak: Dedicated chapters address the 2025 amendments, distinct legal requirements and practical considerations, with a comparative table of minimum terms.
– Current statutory framework: Incorporates the 2022 amendments to the Employment Act, including universal coverage, the 45-hour working week, 98 days’ maternity leave, paternity leave, flexible working arrangements, the presumption of employment and protection against the termination of pregnant employees, together with the corresponding 2025 amendments to the Labour Ordinances.
– Practical dismissal and retrenchment guidance: Casebook chapters organise key authorities on dismissal, retrenchment and constructive dismissal according to the issues considered by the Industrial Court.
– Comprehensive drafting support: Includes specimen cause papers in English and Bahasa Malaysia, employment and HR policies, retrenchment documents, settlement papers, witness statements, written submissions, enforcement documents and worked case files.
| Chapters | Contents |
|---|---|
| Part I – The Framework | |
| 1 | The Legislative Framework |
| 2 | The Contract of Service and the Status of Employee |
| 3 | Wages: Payment, Deductions and Priority |
| 4 | The Employment Act 1955 Part by Part |
| 5 | Security of Tenure: the Historical and Constitutional Basis |
| Part II – The Statutory Minimum Terms | |
| 6 | Hours of Work, Rest Days, Holidays and Leave |
| 7 | Maternity Protection and the Employment of Women |
| 8 | Domestic Employees, Foreign Employees, Contractors and Young Persons |
| Part III – The Ending of Employment | |
| 9 | Termination of the Contract of Service |
| 10 | Termination and Lay-Off Benefits |
| 11 | Retrenchment and Redundancy |
| 12 | Misconduct, Discipline and the Domestic Inquiry |
| 13 | Poor Performance and Probationers |
| 14 | Constructive Dismissal and Forced Resignation |
| 15 | Selected Grounds for Dismissal: A Casebook |
| 16 | Dismissal under the Guise of Retrenchment |
| 17 | Evidence in the Industrial Court |
| Part IV – Obligations in the Workplace | |
| 18 | Sexual Harassment, Discrimination and Forced Labour |
| 19 | Personal Data, Confidentiality, Intellectual Property and Vicarious Liability |
| 20 | Trade Unions, Recognition, Collective Bargaining and Industrial Action |
| 21 | Directors, Public Servants and Other Special Categories |
| Part V – Forums, Procedure and East Malaysia | |
| 22 | The Industrial Court and the Unfair Dismissal Claim |
| 23 | The Labour Court and the Director General’s Powers |
| 24 | The Civil Courts, Other Forums and the Choice of Forum |
| 25 | Remedies in Depth: Reinstatement, Backwages, Compensation and Their Reduction |
| 26 | Post-Dismissal Problems |
| 27 | Statutory Contributions, Social Security and Safety |
| 28 | Sabah: The Labour Ordinance (Cap. 67) |
| 29 | Sarawak: The Labour Ordinance (Cap. 76) |
| 30 | Peninsular Malaysia, Sabah and Sarawak Compared |
| Part VI – Special Topics | |
| 31 | Trade Disputes, Collective Agreements and the Industrial Court’s Collective Jurisdiction |
| 32 | Public Servants, Statutory Bodies and Judicial Review |
| 33 | Flexible Working, Remote Work and the Gig Economy |
| 34 | Conducting a Workplace Investigation |
| 35 | Transfers, Secondments and Group Restructuring |
| 36 | Employment Aspects of Mergers, Acquisitions and Insolvency |
| 37 | The Employment of Foreign Workers: A Compliance Guide |
| 38 | Time Limits and Limitation Periods |
| 39 | Pay Structures, Allowances, Commission and Bonus Schemes |
| 40 | Leave and Working Time in Practice |
| 41 | Labour Department Inspection, Offences and Prosecution |
| 42 | Persons with Disabilities, Older Workers, Students and Apprentices |
| 43 | Drafting and Negotiating Collective Agreements |
| 44 | Advising the Client: First Interview and Case Assessment |
| 45 | Technology in the Workplace: Monitoring, Data and Artificial Intelligence |
| 46 | A Chronology of Malaysian Employment Law |
| 47 | Retrenchment and Constructive Dismissal: Further Casebooks |
| 48 | Judicial Review of Industrial Court Awards and Labour Decisions |
| 49 | The Statutory Appeal under Section 33C |
| 50 | Advocacy in the Industrial Court |
| 51 | Professional Conduct in Employment Practice |
| 52 | Dismissal of Particular Categories of Employee |
| 53 | The Employer’s Termination Decision: A Structured Approach |
| 54 | Dismissal and Retrenchment by Industry |
| 55 | Reading and Using Industrial Court Awards |
| 56 | Contractual Termination Schemes, Gratuities and Retirement Benefits |
| 57 | Comparative Perspectives |
| 58 | Reform Debates |
| 59 | A Misconduct Dismissal from Discovery to Award: A Worked File |
| 60 | A Retrenchment from Decision to Award: A Worked File |
| 61 | Preparing Witnesses for the Industrial Court |
| 62 | The Economics of Employment Litigation |
| Appendices | |
| App. A | Drafting Cause Papers – Principles and Specimens |
| App. B | Contoh Kertas Kausa dalam Bahasa Malaysia |
| App. C | Frequently Asked Questions |
| App. D | Checklists and Process Maps |
| App. E | Annotated Contract of Employment |
| App. F | Disciplinary, Grievance and Sexual Harassment Policies |
| App. G | Worked Computations |
| App. H | Digests of Thirty Leading Cases |
| App. I | Employer Correspondence Library |
| App. J | Domestic Inquiry Procedure, Notes and Findings |
| App. K | Retrenchment Consultation, Selection Matrix and VSS Agreement |
| App. L | Settlement at Conciliation and Consent Award |
| App. M | Further Handbook Policies |
| App. N | A Practitioner’s Guide to Negotiating a Settlement |
| App. O | Company Witness Statement in a Retrenchment Case |
| App. P | Specimen Written Submission for the Claimant |
| App. Q | Application for Judicial Review – Specimens |
| App. R | Memorandum of Appeal under Section 33C |
| App. S | Fourteen Further Digests on Dismissal and Retrenchment |
| App. T | A Model Award in the Misconduct Case |
| App. U | A Plain-Language Guide to an Unfair Dismissal Claim |
| App. V | The Questions the Industrial Court Will Ask |
| App. W | Ten Termination Scenarios Analysed |
| App. X | Glossary of Malay Terms Used in Proceedings |
| App. Y | Statutory Ready-Reckoner |
| App. Z | Stay of Award, Enforcement and Labour Court Order |
About the Authors:
Khoo Ai Theng (Maxine) is a Partner at Messrs Ng, Zainurul, Seke & Khoo, a Malaysian law firm with offices in Kuala Lumpur and Selangor. She graduated with an LLB (Hons) from Universiti Kebangsaan Malaysia and was admitted as an Advocate and Solicitor of the High Court of Malaya in 2014.
She leads the firm’s Employment and Industrial Relations practice. She appears regularly in the Industrial Court for both employers and employees in claims for dismissal without just cause or excuse, constructive dismissal, retrenchment, misconduct and poor performance, and acts in the related proceedings before the Industrial Relations Department and on appeal to the High Court. She advises employers on domestic inquiries, show cause and disciplinary procedure, retrenchment exercises, restructuring and the drafting of employment contracts and handbooks, and acts for employees at the representation, conciliation and hearing stages. Her Industrial Court work includes reported awards against a national airline and a multinational brewery, the latter resulting in an award of approximately RM893,000 for unfair dismissal.
Beyond employment law, she practises in family law and appears in civil, corporate and construction disputes. She is recognised in The Legal 500 Asia-Pacific for employment law, was named an Asian Legal Business Malaysia Rising Star in 2022 and has been a finalist for Woman Lawyer of the Year at the ALB Malaysia Law Awards. She is an HRD Corp Certified Trainer delivering employment law training to employers and human resource practitioners, and produces legal education content for the public in English, Malay and Chinese.
Ng Wei En (Bernice) is an Advocate and Solicitor of the High Court of Malaya practising at Messrs Ng, Zainurul, Seke & Khoo. She graduated with an LLB (Hons) from the University of London and obtained the Certificate in Legal Practice before her admission to the Malaysian Bar.
She practises in the firm’s Employment and Industrial Relations team, where she prepares representations, statements of case and witness statements for Industrial Court proceedings, assists in the conduct of hearings and advises employers on disciplinary procedure, retrenchment and employment documentation. She also appears in civil and family matters in the Subordinate Courts and the High Court.
