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 ...
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MWKA would like to congratulate our Senior Associates, Diana Cheak & John Chan, for effectively completing the service of their six-year Public Service Department or Jabatan Perkhidmatan Awam (JPA) scholarship bond under the Scholarship Talent Attraction and Retention (STAR) Initiative in June and July 2020 respectively ...
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If the employee complains to the Director General, he/she shall not file a representation of unfair dismissal under Section 20 of the Industrial Relations Act 1967 until his/her complaint to the Director General has been resolved. The Director General will not conduct any inquiry on the employee’s complaint if he/she has ...
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Due to the sudden spike in Covid-19 cases in Malaysia, the Government on 16 March 2020 announced the MCO to take effect from 18 to 31 March 2020. The MCO is meant to drastically curb or slow down the spread of the virus across Malaysia. In general, the MCO imposes: Restriction on unnecessary movement and ...
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Malaysian employment law requires employers to have “just cause and excuse” before dismissing their employees. Under Section 20 of the Industrial Relations Act 1967, an employee who feels that he has been unfairly dismissed without just cause or excuse by his employer, may lodge a representation to the Director ...
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In our article entitled “Coronavirus (COVID-19) and the Workplace: Preventive Measures for Employers and Employees” dated 16.3.2020, we addressed the following issues: Contingency and business continuity plans, Requiring sick employees to stay home, Managing employees with sick family members ...
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On 11 March 2020, the World Health Organisation (“WHO”) declared the novel Coronavirus Disease 2019 (“COVID-19”) outbreak a pandemic. As of today, the global number of confirmed cases of COVID-19 has surpassed 160,000 in over 100 countries around the world. In Malaysia, 428 confirmed cases ...
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Employee absenteeism is a common and recurring problem faced by employers in Malaysia. A survey by the Malaysian Employers Fede­ra­tion (MEF) in 2016 found that Malaysian companies suffer more than RM6 billion in yearly costs for man-days lost through the absence of their employees. This article will explore ...
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Every employee of an employment contract will inadvertently fall ill every now and then. Of course, all employees are entitled to take medical leave, but in extreme cases where the employee has unfortunately contracted a disease or became medically or physically unfit; can the employer take steps to release this ...
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Malaysian employment law requires employers to have “just cause and excuse” before terminating their employees. The Courts have put employees security of tenure in employment on the same footing as that of ‘property right’. In Hong Leong Equipment Sdn. Bhd. v Liew Fook Chuan and Anor [1996] 1 MLJ 481 , Gopal ...
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In our previous article (“The Difference Between Contract of Service and Contract for Services”)(Part 1), we commented on the differences between a Contract of Service and a Contract for Services. In this second article of the same series, we will apply the principles discussed in Part 1 in a few hypothetical situations to ...
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There is a constant debate about a contract of service and a contract for services. While the difference in that phrase is a mere exchange of words of, “of” and “for”, there is a huge difference in the meaning.
Briefly, a contract of service is an agreement (whether orally or in writing) binding on parties who are ...
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