Contracts Of Employment & Malaysian Industrial Law

In this book, Marina Netto expertly provides a well-laid-out approach to the understanding and practice of Employment and Industrial law which I believe will be of great assistance to all in the legal world and to those whose interests and work take them to this particular field. This edition incorporates a host of new areas, tackling topics such as whether a foreign national can have a permanent contract of employment by comprehensively analysing the local Federal Court case of Ahmad Zahri bin Mirza Abdul Hamid v AIMS Cyberjaya Sdn Bhd, the application of the principle of restrictive immunity in the context of dismissal of workmen where the employer is a sovereign state in the USA as in the case of Subramanian a/l Letchimanan v The United States of America (and Another Appeal) and the provisions of the Industrial Relations (AmendmentAct) 2020 and its impact in the practice of this area of law.

Also discussed is the Federal Court case of Crystal Crown Hotel & Resort Sdn Bhd (Crystal Crown Hotel Petaling Jaya v Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar & Restoran Semenanjung Malaysia, which provides key protection for the working poor as envisioned by the National Wages Council Consultative Act 2011 and the Minimum Wages Orders from 2012 – 2020.

This edition also analyses important foreign court decisions which the reader should be cognisant of.

This second edition could not have arrived at a better time. I have no doubt this edition will soon become an established text that is oft-cited by those who practice in this area.”

*DESCRIPTION*

This book contains many of the decisions that have been drawn from our local superior and apex courts.

It also includes the position at common law, decisions from England, Australia, New Zealand, and Canada

wherever relevant.

The structure, content, and emphasis of this edition are intended to reflect the momentous development that

has occurred over the recent decade, making it necessary to introduce new material with the addition of

chapters on new subjects, covering a range of contemporary issues which will be of valuable guidance to

readers.

*TABLE OF CONTENTS*

*Chp 1: Introduction

*ChP 2: The Employment Relationship

*Chp 3: Identifying The Contract Of Employment

*Chp 4: Framing the Contract of Employment

*Chp 5: Employers’ Statutory Obligations

under a Contract of Employment

* Chp 6: Varying the Contract of Employment

*Chp 7: The Domestic Inquiry

*Chp 8: Termination of the Contract of Employment:

Direct Dismissal

*Chp 9: Termination of Employment Contracts

– Other Forms of Dismissal

*Chp 10: Remedies for Breach of the Contract of Employment

*Chp 11: Procedural Requirements & and Proceedings

at the Industrial Court

*Chp 12: The Industrial Court

*Chp 13: Proceedings Before the Director General of Labour

*Chp 14: Service Contracts of Public Servants

*Chp 15: Trade Unions

*Chp 16: The Doctrine of Legitimate Expectation