"This book comprehensively sets out every facet of the retrenchment exercise there is to know and I thoroughly commend it to legal practitioners, those involved in human resource management and those in academia alike."

 From the Foreword by Dato' Collin Lawrence Sequerah, Judge of the Court of Appeal

 

About the Book

This essential handbook serves as a complete guide designed to aid Malaysian companies in the complex process of conducting retrenchment exercises. It provides the basic principles of employment law in Malaysia, focusing on the intricacies of retrenchment, including justifications, procedures and legal obligations.

This book is an invaluable resource for human resource professionals, in-house counsel and industrial relations managers who are tasked with preparing and implementing a retrenchment process within their organisations.

This guidebook should benefit employers to stay compliant with Malaysian employment law during retrenchment, making informed decisions with a clear understanding of justifications and procedures for retrenchment, as well as conducting the retrenchment process with confidence. The best practices included in the text will certainly prove beneficial in ensuring the smooth execution of retrenchment.

Key features

• Provides fundamental overview of the laws and principles governing retrenchment.
• Explores various alternatives for consideration by employers before proceeding with retrenchment.
• Discusses the legal requirements and good industrial relations practices that must be adhered to during the retrenchment process.
• Emphasises the importance of maintaining human connections and handling the emotional and psychological aspects of retrenchment.
• Addresses constructive dismissal and performance issues, providing guidance on how to differently treat retrenchment, constructive dismissal, forced resignation, frustration of contract as well as termination due to poor performance.
• Elaborates on the impact of the latest amendments to the Employment Act 1955.
• Provides complete sample of Borang Pemberhentian Kerja, a crucial document for the execution of retrenchment procedures.

 

 "… an authoritative book which includes the historical evolution of Malaysian industrial relations, labour law reforms, grievance handling and dispute resolution, tripartism and social dialogue, collective bargaining, industrial disputes and role of the industrial court, industrial relations in the public sector, the future of work and the future of trade unions."

 From the Foreword by Professor Emeritus Tan Sri Anuwar Ali,
Former President and Vice-Chancellor of Open University Malaysia,
Former Vice-Chancellor of UKM

This comprehensive book systematically discusses industrial relations law in Malaysia. This book provides crucial insights and practical knowledge to help industrial relations professionals and students, HR practitioners, or business owners to navigate the legal landscape of workplace relations confidently and manage industrial relations effectively while ensuring compliance with Malaysian laws.

Key features

• Comprehensive coverage on the fundamental principles and regulations.
• Practical insights and real-world examples of application of legal concepts.
• Expert analysis on the latest developments and case law in Malaysian industrial relations.
• Tailored for professionals and students; a solid basis for legal and non-legal professionals as well as students pursuing industrial relations or employment law. 

 

• Employment Regulations 1957
• Employment (Terminations and Lay-Off Benefits Regulations) 1980
• Employment (Part-Time Employees) Regulations 2010

 

KEY FEATURES:

• comprehensive coverage
• practical and easy-to-read
• clear explanation of statutory requirements
• consideration of local and foreign cases as well as Industrial Court awards
• extensive coverage of Code of Conduct for Industrial Harmony
• discussion of retrenchment from the Islamic Law Perspective

The importance of job security in the form continuity in employment in an organisation up to the normal retirement age applies to the general working population. Unfortunately, job loss justified by the economic and business needs is an inevitable and painful consequences of a corporate restructuring or reorganisation process. Downsizing can happen when the business no longer requires the same number of employees it used to because the functions of the employee have either ceased or diminished to a significant extent.

The recent Covid pandemic, for example, has placed much strain on businesses, especially government-imposed lockdown and movement control across the globe make it difficult to secure new business or continue with ongoing projects. It is, however, essential that the termination of an employment contract on the grounds of redundancy must flow from justifiable grounds which must be bona fide and be untainted by any unfair labour practice.

This updated edition provides a comprehensive coverage on the recent and significant developments in the law and practice of retrenchment in Malaysia.

This title provides a complete discussion of

• the concepts and the causes leading to redundancy;
• retrenchment and lay-off;
• steps an employer should follow when there is a need to retrench;
• situations where a retrenched worker would be able to recover compensation;
• circumstances where a retrenched employee may contest the retrenchment exercise;
• preferential entitlement of an employee in the event the employer goes into liquidation;
• proposal for the setting up of a retrenchment fund and the mechanism of its functioning;
• retrenchment from the Islamic law perspective and the usage of Zakat money to assist unemployed Muslims until they secure new employment.

Written by authors who have wide experience in employment law, this book makes regular reference to statutory sources and cases from the courts to explain the working of the law and practise of retrenchment. This book will certainly provide much-needed information to employers, employees and their legal advisers.

“This work promises to fill the vacuum in labour law literature and commentary that has long existed in this country [and] is indispensable to a wide audience. … The information this work contains is sufficient and up to date.”

From the Foreword by Gopal Sri Ram 

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

The IDS Employment Law Handbook ‘Discrimination at Work’ provides an authoritative and detailed overview of how the Equality Act 2010 applies in the workplace. This comprehensive guide clearly explains the key legal issues, including the scope of the ‘protected characteristics’ under the 2010 Act; the various types of discrimination that the Act prohibits; who is protected and who may be liable; the circumstances in which discrimination can arise before, during and after employment; and the remedies available to successful claimants. The 2022 edition of the Handbook has been updated to take account of key case law developments since the previous edition, as well as the post-Brexit status of EU law in the UK. Discrimination law has become a vast topic, with the capacity to affect every aspect of the employment relationship, and this Handbook is an essential tool in keeping up-to-date and fully informed.

The IDS Employment Law Handbook ‘Discrimination at Work’ provides an authoritative and detailed overview of how the Equality Act 2010 applies in the workplace. This comprehensive guide clearly explains the key legal issues, including the scope of the ‘protected characteristics’ under the 2010 Act; the various types of discrimination that the Act prohibits; who is protected and who may be liable; the circumstances in which discrimination can arise before, during and after employment; and the remedies available to successful claimants. The 2022 edition of the Handbook has been updated to take account of key case law developments since the previous edition, as well as the post-Brexit status of EU law in the UK. Discrimination law has become a vast topic, with the capacity to affect every aspect of the employment relationship, and this Handbook is an essential tool in keeping up-to-date and fully informed.

The new edition of the IDS Employment Law Handbook, ‘Continuity of Employment’, sets out the statutory rules governing how continuity is calculated. The law in this area can be complex, particularly where a contract of employment ceases to exist between two periods of employment with the same employer or where employment is transferred between employers. However, the Handbook offers a clear and comprehensive examination of the statutory rules and explains the relevant legislation and pertinent case law in a logical and understandable way. It: sets out the general principles for computing a period of continuous employment and explains how these rules are applied in the ordinary case where an employee is employed for an unbroken period under a contract of employment deals with the situation where, despite a break in employment, the statutory rules provide for continuity to be preserved; for example, where the employee has been off sick or there has been a temporary cessation of work discusses those rare situations where a ‘break’ in employment does not sever continuity as such but nor does it count in computing a period of continuous service; for example, weeks where the employee was on strike considers continuity of employment where there has been a change of employer; for example, where there has been a transfer of a business or undertaking. This Handbook is an authoritative and indispensable guide to an important area of employment law that underpins many of the statutory employment protection rights available to employees.

Set in the context of experience in the workplace as well as within the wider social and political framework, Pitt’s Employment Law provides a clear and succinct account of employment law and industrial relations law. The work is written in a straightforward and engaging style, making it easy for students to understand the topic and grasp difficult concepts. The work provides a lively and thought-provoking account of key topics, explaining significant cases from the British courts, the Court of Justice of the European Union and the European Court of Human Rights, enabling the reader to grasp the subject as a whole. New to this edition: First look at the Labour Government’s plans for employment law after the 2024 election Gig workers’ employment status – Supreme Court developments Latest post-Brexit legal developments Extension to family leave rights Fall-out from the pandemic – cases on redundancy, unfair dismissal and health and safety New right to carer’s leave Plans for Fair Pay Agreements in social care sector “Fire and rehire” – proposals for change Workers (Predictable Terms and Conditions) Act 2023 New rights on flexible working Changes to the Working Time Regulations Analysis and insight into more than 40 new cases and statutes Please note that details of how to redeem ProView eBook access are included within the printed book.

• Employment Regulations 1957
• Employment (Terminations and Lay-Off Benefits Regulations) 1980
• Employment (Part-Time Employees) Regulations 2010

 

KEY FEATURES:

• comprehensive coverage
• practical and easy-to-read
• clear explanation of statutory requirements
• consideration of local and foreign cases as well as Industrial Court awards
• extensive coverage of Code of Conduct for Industrial Harmony
• discussion of retrenchment from the Islamic Law Perspective

The importance of job security in the form continuity in employment in an organisation up to the normal retirement age applies to the general working population. Unfortunately, job loss justified by the economic and business needs is an inevitable and painful consequences of a corporate restructuring or reorganisation process. Downsizing can happen when the business no longer requires the same number of employees it used to because the functions of the employee have either ceased or diminished to a significant extent.

The recent Covid pandemic, for example, has placed much strain on businesses, especially government-imposed lockdown and movement control across the globe make it difficult to secure new business or continue with ongoing projects. It is, however, essential that the termination of an employment contract on the grounds of redundancy must flow from justifiable grounds which must be bona fide and be untainted by any unfair labour practice.

This updated edition provides a comprehensive coverage on the recent and significant developments in the law and practice of retrenchment in Malaysia.

This title provides a complete discussion of

• the concepts and the causes leading to redundancy;
• retrenchment and lay-off;
• steps an employer should follow when there is a need to retrench;
• situations where a retrenched worker would be able to recover compensation;
• circumstances where a retrenched employee may contest the retrenchment exercise;
• preferential entitlement of an employee in the event the employer goes into liquidation;
• proposal for the setting up of a retrenchment fund and the mechanism of its functioning;
• retrenchment from the Islamic law perspective and the usage of Zakat money to assist unemployed Muslims until they secure new employment.

Written by authors who have wide experience in employment law, this book makes regular reference to statutory sources and cases from the courts to explain the working of the law and practise of retrenchment. This book will certainly provide much-needed information to employers, employees and their legal advisers.

“This work promises to fill the vacuum in labour law literature and commentary that has long existed in this country [and] is indispensable to a wide audience. … The information this work contains is sufficient and up to date.”

From the Foreword by Gopal Sri Ram 

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

"This book comprehensively sets out every facet of the retrenchment exercise there is to know and I thoroughly commend it to legal practitioners, those involved in human resource management and those in academia alike."

 From the Foreword by Dato' Collin Lawrence Sequerah, Judge of the Court of Appeal

 

About the Book

This essential handbook serves as a complete guide designed to aid Malaysian companies in the complex process of conducting retrenchment exercises. It provides the basic principles of employment law in Malaysia, focusing on the intricacies of retrenchment, including justifications, procedures and legal obligations.

This book is an invaluable resource for human resource professionals, in-house counsel and industrial relations managers who are tasked with preparing and implementing a retrenchment process within their organisations.

This guidebook should benefit employers to stay compliant with Malaysian employment law during retrenchment, making informed decisions with a clear understanding of justifications and procedures for retrenchment, as well as conducting the retrenchment process with confidence. The best practices included in the text will certainly prove beneficial in ensuring the smooth execution of retrenchment.

Key features

• Provides fundamental overview of the laws and principles governing retrenchment.
• Explores various alternatives for consideration by employers before proceeding with retrenchment.
• Discusses the legal requirements and good industrial relations practices that must be adhered to during the retrenchment process.
• Emphasises the importance of maintaining human connections and handling the emotional and psychological aspects of retrenchment.
• Addresses constructive dismissal and performance issues, providing guidance on how to differently treat retrenchment, constructive dismissal, forced resignation, frustration of contract as well as termination due to poor performance.
• Elaborates on the impact of the latest amendments to the Employment Act 1955.
• Provides complete sample of Borang Pemberhentian Kerja, a crucial document for the execution of retrenchment procedures.

 

 "… an authoritative book which includes the historical evolution of Malaysian industrial relations, labour law reforms, grievance handling and dispute resolution, tripartism and social dialogue, collective bargaining, industrial disputes and role of the industrial court, industrial relations in the public sector, the future of work and the future of trade unions."

 From the Foreword by Professor Emeritus Tan Sri Anuwar Ali,
Former President and Vice-Chancellor of Open University Malaysia,
Former Vice-Chancellor of UKM

This comprehensive book systematically discusses industrial relations law in Malaysia. This book provides crucial insights and practical knowledge to help industrial relations professionals and students, HR practitioners, or business owners to navigate the legal landscape of workplace relations confidently and manage industrial relations effectively while ensuring compliance with Malaysian laws.

Key features

• Comprehensive coverage on the fundamental principles and regulations.
• Practical insights and real-world examples of application of legal concepts.
• Expert analysis on the latest developments and case law in Malaysian industrial relations.
• Tailored for professionals and students; a solid basis for legal and non-legal professionals as well as students pursuing industrial relations or employment law. 

 

The new edition of the IDS Employment Law Handbook, ‘Continuity of Employment’, sets out the statutory rules governing how continuity is calculated. The law in this area can be complex, particularly where a contract of employment ceases to exist between two periods of employment with the same employer or where employment is transferred between employers. However, the Handbook offers a clear and comprehensive examination of the statutory rules and explains the relevant legislation and pertinent case law in a logical and understandable way. It: sets out the general principles for computing a period of continuous employment and explains how these rules are applied in the ordinary case where an employee is employed for an unbroken period under a contract of employment deals with the situation where, despite a break in employment, the statutory rules provide for continuity to be preserved; for example, where the employee has been off sick or there has been a temporary cessation of work discusses those rare situations where a ‘break’ in employment does not sever continuity as such but nor does it count in computing a period of continuous service; for example, weeks where the employee was on strike considers continuity of employment where there has been a change of employer; for example, where there has been a transfer of a business or undertaking. This Handbook is an authoritative and indispensable guide to an important area of employment law that underpins many of the statutory employment protection rights available to employees.

The new edition of the IDS Employment Law Handbook, ‘Continuity of Employment’, sets out the statutory rules governing how continuity is calculated. The law in this area can be complex, particularly where a contract of employment ceases to exist between two periods of employment with the same employer or where employment is transferred between employers. However, the Handbook offers a clear and comprehensive examination of the statutory rules and explains the relevant legislation and pertinent case law in a logical and understandable way. It: sets out the general principles for computing a period of continuous employment and explains how these rules are applied in the ordinary case where an employee is employed for an unbroken period under a contract of employment deals with the situation where, despite a break in employment, the statutory rules provide for continuity to be preserved; for example, where the employee has been off sick or there has been a temporary cessation of work discusses those rare situations where a ‘break’ in employment does not sever continuity as such but nor does it count in computing a period of continuous service; for example, weeks where the employee was on strike considers continuity of employment where there has been a change of employer; for example, where there has been a transfer of a business or undertaking. This Handbook is an authoritative and indispensable guide to an important area of employment law that underpins many of the statutory employment protection rights available to employees.

Set in the context of experience in the workplace as well as within the wider social and political framework, Pitt’s Employment Law provides a clear and succinct account of employment law and industrial relations law. The work is written in a straightforward and engaging style, making it easy for students to understand the topic and grasp difficult concepts. The work provides a lively and thought-provoking account of key topics, explaining significant cases from the British courts, the Court of Justice of the European Union and the European Court of Human Rights, enabling the reader to grasp the subject as a whole. New to this edition: First look at the Labour Government’s plans for employment law after the 2024 election Gig workers’ employment status – Supreme Court developments Latest post-Brexit legal developments Extension to family leave rights Fall-out from the pandemic – cases on redundancy, unfair dismissal and health and safety New right to carer’s leave Plans for Fair Pay Agreements in social care sector “Fire and rehire” – proposals for change Workers (Predictable Terms and Conditions) Act 2023 New rights on flexible working Changes to the Working Time Regulations Analysis and insight into more than 40 new cases and statutes Please note that details of how to redeem ProView eBook access are included within the printed book.