Law and Practice of Employment Law in Malaysia

The livelihood of most Malaysians is secured through employment and crucially, employment has now been established as a fundamental right within the expression of “life”. Despite this, while government employees are generally assured of security of tenure, employees in the private sector are often left at the mercy of the employer with their terms and conditions of employment very much dictated by the employer. The law has developed and legislative activity has progressively accorded greater protection to employees.

Employment law is an important area of law which applies to a wide spectrum of society. In view of the changes and development of employment law in Malaysia, there is a keen need to have a comprehensive guide to the law and practice of employment law in Malaysia prepared by practitioners in this area of the law. Law and Practice of Employment Law in Malaysia contains the collective knowledge and experience of a team of leading employment law specialists. It has been prepared with court lawyers in mind, specifically those with the challenging task of bringing their clients’ cases to court, be they an employee or an employer.

The book is comprehensive in its coverage, including the fundamentals of contracts of employment, the conduct of domestic inquiry, various grounds for termination, unfair labour practice, sexual harassment, proceedings at the Industrial Court, judicial review and appeal, social security, trade unions and the recognition thereof as well as industrial action. Two detailed chapters are devoted to the conduct of proceedings at the Industrial Court which is the primary forum at which employment disputes are litigated. Other obligations under employment law such as complaints, inquiries and offences under the Employment Act 1955, employees provident fund, employment insurance scheme, and the employment of foreign employees are also given due coverage.

The content of the book is practical, instructive and full of insightful analysis of statutory provisions and case law. The amendments brought in by the Industrial Relations (Amendment) Act 2020 have been carefully considered. The best practices provided to avoid employment law issues and to handle them when they arise certainly add further edge to the usefulness of the book. This is a book which should not be missed by employment lawyers, judges, in-house counsel, human resource practitioners, trade unions and business owners.

Key Features

Clear and detailed commentary on substantive law, practice and procedure
Valuable practical insights, guidance and incisive analysis
Experienced team of contributors from practice and the courts
Practical guidance on the law and procedure applicable at the Industrial Court
Coverage of various grounds of termination including poor performance, medical incapacity, retrenchment, misconduct and constructive dismissal

Table of Contents

Introduction to Employment Law in Malaysia
Contracts of Employment
Domestic Inquiry in Malaysia
Termination: Poor Performance
Termination: Medical Incapacity
Termination: Retrenchment
Termination: Misconduct
Termination: Constructive Dismissal
Victimisation and Unfair Labour Practice
Sexual Harassment
Industrial Court: Dismissal Claims, Trade Disputes and Other Proceedings
Industrial Court: Commencement and Conduct of Proceedings
Judicial Review and Appeal
Social Security: Employment Injury and Disablement Benefits
Trade Unions
Recognition of Trade Unions, Collective Bargaining and Collective Agreements
Industrial Action: Strikes and Picketing
Other Obligations Under Employment Law